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Arizona Secretary of State Bennett Seeks Verification of Obama’s Citizenship

Arizona Republic: “Arizona Secretary of State Ken Bennett says he’s not a ‘birther.’ In fact, he says, he believes President Barack Obama was born in Hawaii.  Yet the state’s No.2 elected official has waded into the highly charged controversy, asking the island state to verify the president’s birthplace to ensure Obama can appear [...]

Phoenix Dog-Fighting Ring Busted

azcentral.com: A dog-fighting ring in Phoenix was busted recently and nine people have been arrested.  Two more spectators left with injured dogs, which were never found.  Dog-fighting is usually associated with other illegalities.  There is a strong body of evidence that animal cruelty is linked to other crimes, particularly crimes against humans.  According to the [...]

Arizona For-Profits May Now Use .org In Domain Name

abajournal: Arizona for-profits may now use .org in domain name.  The State Bar has reconsidered its prohibition on the use, according to this article:

That’s the same conclusion an Arizona ethics panel reached in reconsidering a decade-old decision, which was based on state laws prohibiting lawyers from making false statements about their services. The original [...]

Arizona Legislature Approves Electronic Billboards

azcentral.com: The legislature struck a compromise and electronic billboards are now approved in Phoenix and southwestern Arizona, but nowhere else in Arizona.  The governor previously vetoed the original bill and the new bill is revised.

Supreme Court May Uphold Key Provision of Arizona’s Illegal Immigrant Law

Legal Insurrection:  The U.S. Supreme Court heard oral arguments today about Arizona’s controversial illegal immigratio law, SB 1070.  Based on the initial reports, it appears that the Court may uphold at least one key provision of the law, which allows state law enforcement to inquire about a person’s immigration status.  Even some of the [...]

Supreme Court To Hear Arizona Immigration Case

findlaw.com:  On Wednesday, April 25, the Supreme Court will hear from both sides of the argument as to whether states can adopt their own policies on handling illegal immigration.  Arizona’s lawmakers appear to be staunchly supportive of such sovereignty:

“If the federal government had been doing and would continue to do its job in securing [...]

Medical Marijuana and “Debilitating” Conditions

Arizona Department of Health Services: The Department of Health Services in Arizona is considering adding four new conditions to the approved list for “debilitating” conditions.  Apparently the health department has made it through the first phase of deciding whether to add (1) Post Traumatic Stress Disorder; (2) Generalized Anxiety Disorder; (3) Migraines; and [...]

Bill Allowing Guns In State Buildings Vetoed By Brewer

AZ Central:  “Gov. Jan Brewer rebuffed gun-rights advocates by vetoing for a second time a bill to allow guns on public property, and sent a strong message that such a proposal would need wider support from police, cities and the public before she would sign it.

Brewer’s veto of the bill, [...]

Arizona’s ‘Stand Your Ground’ Law

Yuma Sun:  “If you think the kind of incident that resulted in the death of a Florida teen cannot happen here, you’re wrong.

Arizona adopted its own “stand your ground” law two years ago. And not a single legislator spoke out against it at that time.

In fact, the [...]

9th Circuit Strikes Parts of Arizona Voter ID Law

Yuma Sun:  “Arizona is entitled to demand that people present identification before being allowed to cast a ballot, the 9th U.S. Circuit Court of Appeals ruled Tuesday.  In a split decision, the judges rejected arguments that mandating would-be voters show a driver’s license or other identification unfairly discriminates against Latino voters. Judge Sandra [...]

An Analysis of SB 1070 Arguments Before the Supreme Court

ABA Journal:  “Oral arguments in the U.S. Supreme Court’s October Term 2011 will end April 25 with one of the most important and politically controversial cases of the year: Arizona v. United States. The issue before the court is whether key provisions of Arizona’s statute SB 1070—which calls on state and local law [...]

Arizona Governor Has Signed Abortion Bill HB 2036 Into Law

http://directorsblog.health.azdhs.gov:  From the Arizona Department of Health blog, the Arizona Governor has signed HB 2036.  The full text is here.  Notable provisions include but are not limited to the requirement that for any facility where abortions are performed, the facility must conspicuously post signs outside and inside, where visible to patients, that it is unlawful [...]

Medical Marijuana Dispensary Registration Certificate Applications Accepted May 14-May 25

azdhs.gov:  The Arizona Department of Health Services has revised its rules.  It is now accepting applications May 14-25, but applicants are warned not to apply early.  The Department expects to take 30 days to review each application.  If information is missing, the applicants will be given 20 days to supply that information.  The Department expects [...]

Thomas and Aubuchon Disbarred

Former Maricopa County Attorney Andrew Thomas and his former deputy, Lisa  Aubuchon, face disbarment as a disciplinary panel  handed down the toughest sanctions possible for ethical violations today amidst accusations of abuse of power for going after political foes with criminal prosecutions and investigations.  Sanctions will take place 30 days from today, but Thomas and Aubuchon are expected [...]

Texas Hospital (Legally?) Bans Obese Workers, But the Tide May Be Turning on This Weighty Issue

In a move sure to set off red-alarms for employment attorneys, a Texas hospital has banned obese workers with a body-mass index of 35 or more.  The body-mass index analysis has been used for more than 100 years, praised for its simplicity. While it may be an outdated and lenient way of measuring health, this [...]

Arizona Immigration Law Challenge Is Set For Hearing June 4

ktar.com:  “The judge presiding over lawsuits challenging Arizona’s immigration enforcement law has set a hearing to consider a request by the law’s opponents to grant class-action status in their lawsuit that seeks to declare the law unconstitutional.”

For more information on the June 4 hearing, click here.

Arizona District Court on Piercing the Veil of a Corporation Formed Outside Arizona

Once again, an Arizona District Court has pierced the corporate veil of a corporation because the shareholders failed to follow appropriate formalities as they operated the corporation. Activator Methods Int’l, Ltd. v. Future Health, Inc., 2012 WL 715629 (D. Ariz. March 6, 2012).

In this case, the court found that it had [...]

Department of Justice to Sue Sheriff Joe Arpaio

CNN.com:  The Justice Department is preparing to sue Arizona Sheriff Joe Arpaio, known internationally as “America’s toughest sheriff,” saying talks between the two sides have fallen through.

The Obama administration and Arpaio’s Maricopa County Sheriff’s Office had been in the midst of settlement talks, after the Justice Department accused it of systematically discriminating against Latinos.

[...]

Update on Recent Developments in Arizona’s Foreclosure and Short Sale Laws

If you have been following my Real Estate Law Blog posts you may have already read about some of the recent legal developments related to foreclosures and short sales in Arizona.  However, in light of a new Court of Appeals case just decided last month, I felt it was time for a summary [...]

Arizona Bill Reintroduced – Auto-glass Bill May Change The Direction Insureds Can Be “Steered”

A game-changing auto-glass bill under consideration by the Arizona Legislature is re-igniting a fresh wave of debate in that industry.  HB 2197 has been re-introduced to a new wave of resistance from Arizona’s largest auto glass repair and services provider.  HB 2197 was re-introduced because:

Abex.com: Currently, if motorists need auto-glass repair, they call their [...]

Amnesty International Finds Arizona Prisons Abuse Solitary Confinement as Punishment

AZCentral.com: Arizona’s state prisons overuse solitary confinement in cruel, inhumane and illegal ways, particularly for mentally ill prisoners and juveniles as young as 14, the human-rights group Amnesty International charges in a report to be released today.

According to the report, which is to be delivered to the governor and state lawmakers, Arizona prisons use [...]

Arizona Court of Appeals Case Extends Arizona Home Buyers Deficiency Judgment Protection

Arizona Republic:  “Homeowners do not lose their legal protections against being sued for debt after foreclosure just because they have refinanced a mortgage, the state Court of Appeals has ruled.  In a unanimous decision, the judges overturned a lower- court ruling that said Michael and Kelly Pasquan are liable for more than $1.9 [...]

Electronic Billboard Disputes Intensify in Arizona Courts

Arizona Republic:  “Gov. Jan Brewer’s veto of a bill that would have permitted electronic billboards on state and federal highways was a victory for billboard foes.  But the foes still have a tall hill to climb to reach their goal: no more electronic billboards.  The battle continues to be fought in state courts [...]

Arizona Bills Target Landlord Tenant Laws

Arizona Republic:  “The Arizona Legislature this year is changing laws regulating landlords.  Gov. Jan Brewer signed one of the bills into law this week. The Legislature is expected to pass two others in coming weeks. Supporters say the measures are intended to fix problems with the Arizona Residential Landlord and Tenant Act. Opponents [...]

Arizona Supreme Court Hears Mesa Tattoo Case

Arizona Republic:  “The Arizona Supreme Court is deliberating whether the First Amendment rights of tattoo artists trump a city’s right to regulate them under zoning codes.  The issue played out Tuesday morning as the five justices heard arguments in the case of Ryan and Laetitia Coleman [of Angel Tattoo], who in March 2009 [...]

Arizona Senate Rejects Contraception Bill

AZCentral:  The Arizona Senate on Wednesday voted down a controversial bill to allow employers and insurance companies to opt out of covering contraception for religious reasons. 

The bill failed in the Senate on a 13-17 vote, but House Bill 2625 is not dead. Sen. Nancy Barto, R-Phoenix, who championed the measure [...]

Arizona Legislators Renew Push for Guns on Campus

Arizona Republic:  “Pro-gun politicians are preparing another attempt to pass legislation that would allow students and professors to carry guns onto the campuses of Arizona’s public universities and community colleges.  Lawmakers who this year were rebuffed by Gov. Jan Brewer in their efforts to legalize guns on campuses are determined to get the [...]

Dannys Family Carwash Chapter 11 Bankrutpcy Finalized

Arizona Republic:  “A judge has approved the bankruptcy reorganization plan for a group of car washes, restaurants, gas stations and convenience stores owned by Scottsdale-based Danny’s Family Cos., and for its founder and CEO, Daniel ‘Danny’ Hendon.  According to documents filed in U.S. Bankruptcy Court for the District of Arizona, Judge Eileen Hollowell [...]

Court Rejects Unused School Bond Money Law

AZCentral:  A Maricopa County Superior Court ruling this week has found unconstitutional a portion of a year-old law that had allowed Arizona school districts to spend unused bond money on other construction projects.

Judge Eileen Willett’s ruling stops Cave Creek Unified School District from spending $13 million in leftover bond money [...]

State Bar of Arizona Proposes Ethics Rule Banning Bias Against Clients

ABA Journal: The Maricopa County Attorney’s Office is raising objections to a proposed ethics rule in Arizona that would bar lawyers from showing bias in representing their clients.

The idea is already expressed in comments to the ethics rules, but the state bar wants a formal rule saying it is misconduct to [...]

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