What's New

Our Take on American Power Products, Inc. v. CSK Auto, Inc.

On March 23, 2017, the Arizona Supreme Court, in a rare split decision authored by Vice Chief Justice John Pelander, changed Arizona law with respect to a litigant’s right to recover its reasonable attorney's fees under a contractual fee-shifting provision. The recipient of a favorable judgment in Arizona is no longer inevitably deemed to be the prevailing party under a contractual fee-shifting provision. Now there are additional considerations that go into the mix.

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Election law update: Preclearance makes a return in TX. Could AZ be next?

In a closely-watched case, a federal judge in Texas ruled last Friday that the City of Pasadena violated § 2 of the Voting Rights Act by moving from single-member districts to a mix of single member and at-large districts for municipal elections. The case is Patino v. Pasadena, No. 4:14-CV-03241 (S.D. Tex. Nov. 12, 2014). The judge found that Pasadena’s adoption of at-large districts had the intent and effect of discriminating against Latino voters.

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Get Ya Final Judgment! Arizona Supreme Court Clarifies Rule 54(c)'s Certification of Finality Requirement by Amendment

Rule 54(c) as amended marks the end for a mistaken construction of the original rule’s certification of finality requirement—a construction that began to take root soon after the rule took effect three years ago. Given the importance of this clarification to an area of the law that presents more than its fair share of traps for the unwary, we ring in 2017 by addressing the amended rule here.    

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