Arizona Case Commentaries

Prop. 209 Does Not Repeal A.R.S. § 33-1126(A)(11): Implications for Statutory Amendments and Voter Initiatives

Date: Mar 8, 2024

Prop. 209 Does Not Repeal A.R.S. § 33-1126(A)(11): Implications for Statutory Amendments and Voter Initiatives Introduction The Supreme Court of Arizona's recent decision in In Re: Erica Krystal...

Motor Homes Excluded from Arizona Homestead Exemption: Supreme Court of Arizona Ruling

Date: Feb 24, 2024

Motor Homes Excluded from Arizona Homestead Exemption: Supreme Court of Arizona Ruling Introduction In the landmark case In re: Steven R. Drummond, Mary A. Drummond, Debtors (543 P.3d 1022), decided...

Arizona Supreme Court Clarifies Gift Clause and Procurement Standards in Neptune Swimming Foundation v. City of Scottsdale

Date: Feb 7, 2024

Arizona Supreme Court Clarifies Gift Clause and Procurement Standards in Neptune Swimming Foundation v. City of Scottsdale Introduction The case of Neptune Swimming Foundation v. City of Scottsdale...

Non-Exhaustive Interpretation of Intolerable Work Situations in Unemployment Benefits Eligibility: Barriga v. ADES

Date: Jan 27, 2024

Non-Exhaustive Interpretation of Intolerable Work Situations in Unemployment Benefits Eligibility: Barriga v. ADES Introduction In the landmark case of Pedro Rivera Barriga v. Arizona Department of...

Arizona Supreme Court Establishes State's Right to Appeal Expungement Orders under A.R.S. § 13-4032(4)

Date: Jan 24, 2024

Arizona Supreme Court Establishes State's Right to Appeal Expungement Orders under A.R.S. § 13-4032(4) Introduction In the landmark case of State of Arizona v. Daniel Louis Santillanes, the Arizona...

Arizona Supreme Court Affirms Prosecution of Adults for Juvenile Crimes Despite Proposition 102

Date: Jan 11, 2024

Arizona Supreme Court Affirms Prosecution of Adults for Juvenile Crimes Despite Proposition 102 Introduction In the landmark case State of Arizona v. Jose Adrian Agundez-Martinez, the Arizona Supreme...

Arizona Supreme Court Affirms Boundary by Acquiescence Doctrine with Clear and Convincing Evidence Standard

Date: Jan 10, 2024

Arizona Supreme Court Affirms Boundary by Acquiescence Doctrine with Clear and Convincing Evidence Standard Introduction In the landmark case Steven P. Beck, Et Al. v. Richard Neville, Et Al. (540...

Windhurst v. Arizona Department of Corrections: New Precedents on Institutional Negligence and Expert Testimony in Medical Malpractice

Date: Oct 12, 2023

Windhurst v. Arizona Department of Corrections: New Precedents on Institutional Negligence and Expert Testimony in Medical Malpractice Introduction In the landmark case of Antoinette Windhurst,...

Arizona Supreme Court Affirms Juvenile Court's Termination of Parental Rights: Clarifying Appellate Review Standards

Date: Aug 9, 2023

Arizona Supreme Court Affirms Juvenile Court's Termination of Parental Rights: Clarifying Appellate Review Standards Introduction The case of Brionna J. v. Department of Child Safety, A.V. (533 P.3d...

Effective Modification of At-Will Consumer Contracts: Arizona Supreme Court Adopts Restatement §3

Date: Mar 3, 2023

Effective Modification of At-Will Consumer Contracts: Arizona Supreme Court Adopts Restatement §3 Introduction The Supreme Court of Arizona, in the landmark case Eva Cornell v. Desert Financial...

Arizona Supreme Court Establishes Proportional Allocation Requirement for Development Impact Fees under A.R.S. § 9-463.05

Date: Jan 18, 2023

Arizona Supreme Court Establishes Proportional Allocation Requirement for Development Impact Fees under A.R.S. § 9-463.05 Introduction The Arizona Supreme Court recently delivered a landmark decision...

Arizona Supreme Court Reinforces Political Question Doctrine in Open Meeting Law Compliance

Date: Dec 31, 2022

Arizona Supreme Court Reinforces Political Question Doctrine in Open Meeting Law Compliance Introduction The case of Puente et al. v. Arizona State Legislature (521 P.3d 1007) presented a pivotal...

Enhancing Equitable Reimbursements: The Drahos/Barnett Formula Confirmed in Saba v. Khoury

Date: Sep 15, 2022

Enhancing Equitable Reimbursements: The Drahos/Barnett Formula Confirmed in Saba v. Khoury Introduction The dissolution of marriage often brings to the forefront complex financial entanglements,...

Enhanced Legislative Privilege in Arizona: Supreme Court Protects Senate Audit Communications

Date: Sep 1, 2022

Enhanced Legislative Privilege in Arizona: Supreme Court Protects Senate Audit Communications Introduction The Supreme Court of Arizona, in the landmark case Karen Fann et al. v. Michael Kemp,...

Exhaustion of Administrative Remedies and Declaratory Judgments: Mills v. Arizona Board of Technical Registration

Date: Aug 11, 2022

Exhaustion of Administrative Remedies and Declaratory Judgments: Mills v. Arizona Board of Technical Registration Introduction Mills v. Arizona Board of Technical Registration, 514 P.3d 915 (Supreme...

Notice of Claim Validity Unaffected by Sub-Sixty-Day Settlement Offers: Comprehensive Commentary on Kizzen James v. City of Peoria

Date: Jul 19, 2022

Notice of Claim Validity Unaffected by Sub-Sixty-Day Settlement Offers: Comprehensive Commentary on Kizzen James v. City of Peoria Introduction In the landmark case of Kizzen James, et al. v. City of...

Arizona Supreme Court Rules Portal-to-Portal Act Not Incorporated into State Overtime Law for Corrections Officers

Date: Jul 9, 2022

Arizona Supreme Court Rules Portal-to-Portal Act Not Incorporated into State Overtime Law for Corrections Officers Introduction The case of Clinton Roberts, Et Al., Plaintiffs/Appellants, v. State Of...

Redefining 'Normal Home' in Parental Rights Termination: Timothy B. v. Department of Child Safety

Date: Mar 8, 2022

Redefining 'Normal Home' in Parental Rights Termination: Timothy B. v. Department of Child Safety Introduction The case of Timothy B. v. Department of Child Safety, H.B. (505 P.3d 263) adjudicated by...

Arizona Supreme Court Strengthens Standards for Terminating Parental Rights of Incarcerated Parents under §8-533(B)(4)

Date: Oct 9, 2021

Arizona Supreme Court Strengthens Standards for Terminating Parental Rights of Incarcerated Parents under §8-533(B)(4) Introduction The case of Jessie D. v. Department of Child Safety addresses the...

Broadening Standing under Arizona’s Public Accountability Laws: Welch v. Cochise County Board of Supervisors

Date: Sep 3, 2021

Broadening Standing under Arizona’s Public Accountability Laws: Welch v. Cochise County Board of Supervisors Introduction In the landmark case of David Welch, Individually and on Behalf of All...