Monthly Archives: August 2017

Coburn v. Rhodig (Arizona Court of Appeals Case No. 1 CA-CV 16-0399 FC, filed Aug. 3, 2017)

When a divorce decree says its spousal maintenance terms shall not be modified, Arizona law prohibits a court from exercising jurisdiction to modify or terminate the decree’s spousal maintenance terms. See A.R.S. § 25-317(G). In this case, the Arizona Court of Appeals held A.R.S. § 25-317(G)’s jurisdictional bar does not prevent a party to a divorce decree […]

Arizona Chamber of Commerce & Industry, et al. v. Kiley (State, et al) (Arizona Supreme Court Case No. CV-16-0314-SA, filed August 2, 2017)

The Arizona Supreme Court, in a unanimous opinion, denied a state constitutional challenge to Proposition 206, “The Fair Wages and Healthy Families Act”–an initiative approved by Arizona voters in the November 2016 election, which increased the minimum wage and established mandatory earned paid sick leave. The business groups and organizations challenging the law argued it violated […]

Soto v. Sacco (Arizona Supreme Court Case No. CV-16-0136-PR, filed July 13, 2017)

This case involves the intersection between a jury’s province in a civil case to determine the amount of damages (if any) to award a plaintiff and the trial judge’s authority under Arizona Rule of Civil Procedure 59 to reduce or increase the jury’s damage award under certain circumstances. The Arizona Supreme Court cautioned trial judges to be […]

Hamblen v. Hon. Hatch / Winslow Memorial Hospital, Inc. (Arizona Supreme Court Case No. CV-16-0260-PR, filed July 21, 2017)

This is a case that only arbitration junkies can fully appreciate. It arises out of an employment dispute in which an employer and employee submitted their respective claims against each other to mandatory arbitration under the broad arbitration provision in their employment contract. Neither side specifically challenged the validity or enforceability of that arbitration provision. The arbitrator ruled […]