News & Analysis as of

Arizona

Proskauer on Privacy

Privacy Class Action Spotlight: Surge of Privacy Class Actions in Arizona Targeting Email Pixel Tracking

Proskauer on Privacy on

There has been a recent surge of privacy class action lawsuits under the Arizona Telephone, Utility, and Communication Service Records Act targeting the use of common email marketing analytics technologies. Defendants are...more

Ballard Spahr LLP

FTC, State of Arizona Charge Auto Dealership with Deceiving Consumers

Ballard Spahr LLP on

On August 15, 2024, the Federal Trade Commission (“FTC”) and Arizona Attorney General announced a proposed settlement with an Arizona-based vehicle dealership to resolve allegations that the dealership misrepresented prices...more

Jaburg Wilk

The Arizona Court of Appeals Issues Further Clarity on Prop 209 Application

Jaburg Wilk on

In Joseph Silence v. Shane T. Betts No. 1 CA-CV 23-0178, the Arizona Court of Appeals affirmed Maricopa County’s Superior Court’s decision and clarified how Proposition 209’s Savings Clause applies to garnished wages before...more

Troutman Pepper

Arizona Files Another Lawsuit Against Automobile Industry for Alleged Emissions Violations

Troutman Pepper on

Last week, Arizona Attorney General (AG) Kris Mayes filed a lawsuit against FCA (formerly Fiat Chrysler) and Cummins for alleged violations of the Arizona Consumer Fraud Act by falsely advertising that certain vehicles were...more

Cozen O'Connor

Arizona AG Alleges “Super Clean” Trucks Violate Emissions Standards

Cozen O'Connor on

Arizona Attorney General Kris Mayes sued FCA US LLC (d/b/a Fiat Chrysler Automobiles) and Cummins, Inc. (Cummins) alleging that the engine and vehicle manufacturers violated Arizona consumer protection laws by installing...more

Perkins Coie

Siting Energy and Transmission Line Projects in Arizona - An irreverent Primer: 2024 Edition

Perkins Coie on

With the renewable energy boom underway everywhere, Arizona offers an attractive market for renewable energy facilities, with lots of sunshine and even a bit of wind up north. And, despite what you may have heard about our,...more

Quarles & Brady LLP

Arizona Offshoring Requirements Set to Change

Quarles & Brady LLP on

Providers and payers contracting with Arizona’s Medicaid agency, the Arizona Health Care Cost Containment System (“AHCCCS”), and all such AHCCCS contractors’ subcontracts must reference and require compliance with the AHCCCS...more

Snell & Wilmer

Arizona Court of Appeals Strikes Down Arizona’s Guardianship Process That Determines Whether an Individual Has the Capacity To...

Snell & Wilmer on

To vote in Arizona, an individual must not be “adjudicated an incapacitated person.” This is an addition to other requirements such as being over 18 years old, a U.S. citizen, and an Arizona resident. Capacity to vote arises...more

Snell & Wilmer

The Ninth Circuit Finds Tribal Nation Waived Sovereign Immunity Through Arbitration Provision

Snell & Wilmer on

On June 10, 2024, the Ninth Circuit entered an opinion finding that the Choctaw Nation had expressly waived its sovereign immunity against arbitration, determining that the contractual provision between the Nation and...more

Snell & Wilmer

Retainage in the Southwest: A Look Into Arizona and New Mexico Retainage Laws

Snell & Wilmer on

By Craig K. Williams, David W. Wilhelmsen, and Amanda M. Manke Retainage is a practice, standard in the construction industry, of withholding predetermined portions of payments due to the contractor until the project is...more

Snell & Wilmer

Not So Harmless? The Arizona Bill Amending A.R.S. § 20-1591 and Its Impact on Title Company Indemnities

Snell & Wilmer on

Sellers and borrowers involved in real estate transactions are customarily asked to sign indemnity agreements in favor of the title insurer. In April 2024, the Arizona legislature amended A.R.S. § 20-1591, which will impact...more

Lewis Roca

Arizona Voters Modify Creditors' Remedies with Passage of Proposition 209 - Update

Lewis Roca on

UPDATED 5/30/2024: Prop. 209 became law on December 5, 2022, but was immediately challenged by the Arizona Creditors Bar Association and several other organizations as unconstitutionally vague and internally inconsistent....more

Sherman & Howard L.L.C.

Emergency Act Signed into Law To Prevent Digital Impersonation of Certain Political Candidates

The rapid expansion of artificial intelligence deep fake technology has caused Arizona to take critical steps to help protect the integrity of upcoming elections. Calling it an “emergency measure that is necessary to preserve...more

Snell & Wilmer

What’s the Key to Arizona Mechanics and Materialmen’s Liens? Timing!

Snell & Wilmer on

In the last edition of Under Construction, we offered a basic introduction to Arizona’s mechanics and materialmen’s liens. This time, we discuss the issues related to timing of such liens...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Renewable Energy/Investment Tax Credit: Arizona Court of Appeals Addresses Valuation Issue

Co-author: Christian Parker The Court of Appeals in Arizona (“Court”) in a May 14th Opinion addressed a tax issue involving renewable energy requirements. See Agua Caliente Solar, LLC v. Arizona Dept. of Revenue. No....more

Lewis Roca

New Wave of Arizona Privacy Litigation Regarding Tracking Pixels

Lewis Roca on

Plaintiffs’ counsel have developed a new weapon in their arsenal for privacy litigation involving tracking pixels:  Arizona’s “Telephone, Utility and Communication Service Records Law,” A.R.S. § 44-1376 et seq....more

Ballard Spahr LLP

Arizona Extends Sunset of Alternative Project Delivery Methods

Ballard Spahr LLP on

In Arizona, municipalities and special taxing districts, such as community facilities districts, are required to use public procurement procedures in connection with the acquisition and construction of public infrastructure....more

Husch Blackwell LLP

Arizona Court of Appeals Affirms Constitutionality of New "Predatory Debt Collection Act"

Husch Blackwell LLP on

Last summer we wrote about the notable questions of the applicability of Arizona Proposition 209, or the Predatory Debt Collection Act (the Act), due to the Act’s savings clause. On April 30, 2024, in a blow to the debt...more

Holtzman Vogel Baran Torchinsky & Josefiak

In-Compliance: Holtzman Vogel's April 2024 Round-Up

On April 23, the Federal Trade Commission voted 3-2 to adopt a final rule banning noncompete agreements. The FTC defines a "non-compete clause" broadly as a term or condition of employment that prohibits a worker from, or...more

Perkins Coie

District of Arizona Evaluates Restrictive Covenants

Perkins Coie on

The U.S. District Court for the District of Arizona recently evaluated the reasonableness of two restrictive covenants—the nonsolicitation of customers and the nonsolicitation of employees—along with claims related to...more

Manatt, Phelps & Phillips, LLP

State Supreme Court Decisions Severely Restrict Access to Abortion in Arizona and Florida

In the aftermath of the Supreme Court’s decision to overturn the federal constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, individual states continue to decide the legality of abortion on a...more

Snell & Wilmer

Court Rejects ADEQ’s Attempt to Remove Corporate Protections For Small Businesses

Snell & Wilmer on

The Arizona Department of Environmental Quality (“ADEQ”) filed suit against a company alleging that it was violating an Administrative Consent Order (“ACO”). What made the lawsuit unusual was that ADEQ also sued 3 individual...more

Snell & Wilmer

Arizona Chamber of Commerce and GOP Leaders Challenge EPA’s PM-2.5 Standard in Court

Snell & Wilmer on

In a move that could have significant implications for Arizona’s environmental policy and economy, the Arizona Chamber of Commerce and Republican leaders of the Arizona legislature have filed a lawsuit against the...more

Bradley Arant Boult Cummings LLP

Arizona Attorney General Deems Delta-8 and Delta-10 Controlled Substances in Controversial Opinion

Novel psychiatric cannabinoids legalized by the 2018 Farm Bill remain under attack by state regulators. Most recently, the Arizona attorney general opined that “Arizona law does not permit the sale of delta-8 and other...more

Snell & Wilmer

Arizona Court of Appeals Addresses Proximity Damages in State of Arizona v. Foothills Reserve Master Owners Association, Inc.

Snell & Wilmer on

On December 7, 2023, the Arizona Court of Appeals held in State of Arizona v. Foothills Reserve Master Owners Association, Inc. that 589 homeowners in an Ahwatukee subdivision were not entitled to “proximity damages” after...more

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