June 8, 2021 – Recently, the Arizona Legislature increased the homestead protection to $250,000 and changed Arizona’s homestead laws so that a recorded money judgment also becomes a lien against the homeowner’s primary residence. HB 2617 was signed by the Governor on May 19, 2021, and becomes effective January 1, […]
Category: Legal Alerts
May 26, 2021 – In Heaphy v. Willow Canyon Healthcare, Inc., 2 CA-CV 2020-0113 (App. May 18, 2021), the Arizona Court of Appeals held that a health care power of attorney (“HPOA”) did not authorize the patient’s representative to execute an arbitration agreement. Although the HPOA authorized the patient’s representative to […]
April 22, 2021 – Arizona health care professionals and institutions, as well as businesses and governmental entities, are now protected against most civil claims related to COVID-19 injuries or deaths. SB 1377, signed by Governor Ducey on April 5, 2021, enacted two statutes that give limited immunity for specific acts […]
April 22, 2021 – This week Governor Ducey signed HB2705 into law ensuring that Arizona public high school students, who are Indian tribe members, may wear traditional tribal regalia and culturally significant objects at the school’s graduation ceremony. Earlier this year, a federal court judge (in a case handled by our office) […]
April 20, 2021 – On April 19, 2021 Governor Ducey issued Executive Order 2021-10. The crux of this Executive Order was to rescind the portion of his prior Executive Order that required school districts to develop and implement a policy to require face coverings. Almost immediately after the Governor issued […]
April 5, 2021 – The Office of Civil Rights’ (“OCR”) release of its 2017-2018 Civil Rights Data Collection (“CRDC”) results has prompted recent media inquiries to certain Arizona districts regarding possible reporting discrepancies related to students who are eligible for services under IDEA or Section 504. If you receive notice […]
February 16, 2021 – In its decision issued on February 8, 2021, the Arizona Supreme Court held that expenditures of public funds by the City of Peoria made to induce a private university to establish a branch campus in Peoria violated Arizona’s Gift Clause. The Arizona Gift Clause, which is […]
February 3, 2021 – A secured creditor’s mere retention of property repossessed prior to the debtor’s bankruptcy petition is not an act to exercise control over property of the bankruptcy estate in violation of the Bankruptcy Code’s automatic stay provision, according to a recent opinion by the U.S. Supreme Court […]
January 29, 2021 – On December 27, 2020, the federal government enacted the Coronavirus Response and Relief Supplemental Appropriations Act (P.L. 116-260). The Act makes available to public schools four times the funding available under the CARES Act, making it the largest appropriation of federal funding to public schools in […]
December 22, 2020 – On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) issued revised guidance regarding employer requirements that employees be vaccinated against COVID-19. The EEOC said that the Americans with Disabilities Act (ADA) does not prohibit an employer from requiring an employee to be vaccinated, distinguishing vaccinations […]