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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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