Arizona Injunction Law

Daniel McDonald v. Southwest Auto Sales and Finance LLC, et al.

Phoenix, Arizona consumer law lawyer represented Plaintiff who sued Defendants on a Federal Odometer Act violation theory under 49 U.S.C. 32710<br> <table><br> <h1><br> <center><br> <P><br> <img width="300" src="http://www.morelawtv.com/wp-content/uploads/2020/08/Phoenix_AZ_Fed.jpg" alt="Federal Courthouse - Phoenix, Arizona"><br> <P><br> Federal Courthouse - Phoenix, Arizona</a><br> <P><br> <a fo... More...

$1 (02-17-2023 - AZ)
Kari Lake v. Katie Hobbs, et al.

Phoenix, Arizona civil litigation lawyers represented Plaintiff, who sued Defendants seeking to inspect Maricopa County ballots for the 2022 general election; to analyze and perform a forensic examination of printer-tabulator problems on election day; seeking an order striking all signatures on file with Maricopa County that are not the "registration records" pursuant to A.R.S. Section 16-550(A); ... More...

$0 (12-09-2022 - AZ)
Kari Lake, et al. v. Katie Hobbs, et al. </center

Phoenix, Arizona civil litigation lawyers represented Plaintiffs, who sued Defendants on civil rights violation theories under 42 U.S.C. 1983.<br> <br> <br> Plaintiffs allege that the United States' transition to electronic systems and computer technology for voting has "created unjustified new risks of hacking, election tampering, and electronic voting fraud.” (Doc. 3, First Amended Complai... More...

$0 (08-26-2022 - AZ)
Prison Legal News v. Charles L. Ryan, et al.

Phoenix, Arizona civil rights lawyers represented Plaintiff, who sued Defendants on First Amendment violation theories.<br> <br> In 2010, the Arizona Department of Corrections issued<br> Order 914, under which the Department may prohibit<br> inmates from receiving mail containing "sexually explicit<br> material.” The Department invoked the order to redact<br> several issues of Prison Legal N... More...

$0 (07-10-2022 - AZ)
United States of America v. Gear Box

Phoenix, AZ - Civil litigation environmental protection law lawyers represented Defendant, who was sued by the United States of America, which sought to stop Defendant from manufacturing and selling aftermarket automotive products widely known as "defeat devices,” that, when installed, bypass, defeat or render inoperative Environmental Protection Agency (EPA)-certified emission controls on m... More...

$0 (08-31-2021 - AZ)
Araceli Rodriguez v. Lonnie Swartz, Agent of the U.S. Boarder Patrol

A U.S. Border Patrol agent standing on American soil<br> shot and killed a teenage Mexican citizen who was walking<br> down a street in Mexico. We address whether that agent has<br> <br> 6 RODRIGUEZ V. SWARTZ<br> <br> qualified immunity and whether he can be sued for violating<br> the Fourth Amendment. Based on the facts alleged in the<br> complaint, we hold that the agent violated a clearly<br> e... More...

$0 (08-09-2018 - AZ)
Leesa Jacobson v. United States Department of Homeland Security, et al.

Leesa Jacobson and Peter Ragan (collectively, Appellants) filed this suit to challenge their exclusion from an enforcement zone set up around a Border Patrol checkpoint area near their homes in rural Arizona. Before any discovery occurred, the district court granted summary judgment to the Defendants-Appellees (Appellees). We vacate and remand for further proceedings.<br> <br> FACTUAL AND PROCEDUR... More...

$0 (02-19-2018 - AZ)
Smartcomm License Services, L.L.C. v. Jon Palmieri

¶1 Smartcomm License Services, L.L.C. (Smartcomm) appeals<br> the trial court’s grant of summary judgment in favor of Appellees David<br> Alcorn Professional Corporation; David and Elizabeth Alcorn, Janus<br> Spectrum, L.L.C. (collectively, the Alcorn Defendants); and Jon Palmieri.<br> Smartcomm also appeals the trial court’s denial of an application for an<br> order to show cause. For the fo... More...

$0 (01-09-2018 - AZ)
Manuel De Jesus Ortega Melendres v. Maricopa County

Plaintiffs obtained an injunction against Defendant in an<br> action under 42 U.S.C. § 1983. Melendres v. Arpaio, 784 F.3d<br> 1254, 1267 (9th Cir. 2015). Sheridan, a now-retired employee<br> of Defendant, appealed from the district court’s finding that<br> he committed civil contempt by disobeying the injunction.<br> ORTEGA MELENDRES 4 V. SHERIDAN<br> After Sheridan filed his opening brief, we... More...

$0 (01-09-2018 - AZ)
United States of America v. Stephanie Amanda Aviles and Juan Verduzco-Caro

Phoenix, AZ - Husband and Wife Sentenced to Federal Prison for Selling Methamphetamine on the Ak-Chin Indian Community<br> <br> Yesterday, Stephanie Amanda Aviles, 31, and Juan Verduzco-Caro, 37, of Maricopa, Ariz., were sentenced by U.S. District Judge Susan R. Bolton to 96 months’ and 72 months’ imprisonment, respectively. Aviles and Verduzco-Caro had previously pleaded guilty to possession... More...

$0 (04-05-2016 - AZ)
Tohono O'Odham Nation v. City of Glendale

This appeal involves a dispute concerning 135 acres of<br> unincorporated land within Maricopa County, Arizona that<br> was purchased by Plaintiff, the Tohono O’odham Nation (the<br> Nation). The Nation filed suit against the City of Glendale<br> and the State of Arizona (collectively, Defendants),<br> challenging the constitutionality of H.B. 2534, a law passed<br> by the Arizona legislature th... More...

$0 (11-06-2015 - AZ)
Maya Arce v. Diane Douglas

The children of the Tucson Unified School District<br> (“TUSD”), a majority of whom are of Mexican or other<br> Hispanic descent, have a natural interest in knowing more<br> about their cultural heritage and that of their community—or<br> so the school board of Tucson decided, inaugurating a<br> Mexican American Studies (“MAS”) program in the Tucson<br> public schools. Arizona state supe... More...

$0 (07-07-2015 - AZ)
Valle Del Sol, Inc. v. State of Arizona

Plaintiffs challenge Arizona Revised Statutes § 13-2929, which attempts to criminalize the harboring and transporting of unauthorized aliens within the state of Arizona.1 The<br> <br> _____________________<br> <br> 1 We use the term "unauthorized aliens” to refer to aliens who have entered or are present in the United States in violation of federal immigration law. This is the same conven... More...

$0 (10-08-2013 - AZ)
State of Arizona v. Inter Tribal Council of Arizona

The National Voter Registration Act requires States to "accept and use” a uniform federal form to register voters for federal elections. The contents of that form (colloquially known as the Federal Form) are prescribed by a federal agency, the Election Assistance Commission. The Federal Form developed by the EAC does not require documentary evidence of citizenship; rather, it requires o... More...

$0 (06-17-2013 - AZ)
Paul A. Isaacson, M.D. v. Tom Horne

Our question is whether the Constitution permits the Arizona legislature to prohibit abortion beginning at twenty weeks gestation, before the fetus is viable. We hold that it does not.<br> <br> Arizona House Bill 2036 ("H.B. 2036” or "the Act”), enacted in April 2012, forbids, except in a medical emergency, abortion of a fetus determined to be of a gestational age of at least twenty we... More...

$0 (05-22-2013 - AZ)
Gila River Indian Community v. United States of America

This case illustrates the nuances of our federalist system of government, pitting Indian tribe against Indian tribe, and State and local governments against the federal government and an Indian tribe. The City of Glendale and various other parties ("Glendale”) seek to set aside the Department of the Interior's decision to accept in trust, for the benefit of the Tohono O'odham Nation ("the Na... More...

$0 (05-20-2013 - AZ)
McKesson Corporation v. Arizona Health Care Cost Containment System

¶1 The Arizona Health Care Cost Containment System ("AHCCCS”) appeals the superior court's determination that AHCCCS lacked jurisdiction and legal authority to bring an enforcement action against McKesson Corporation under Arizona's False Claims Act.1 As explained below, because AHCCCS adopted administrative rules2 that limited its authority to impose civil penalties only against "providers... More...

$0 (09-10-2012 - AZ)
In re the Matter of: Louis Fernando Vargas v. Maria Dela Luz MOsqueda

¶1 Luis Fernando Vargas ("Father”) appeals the parenting time and custody orders in a decree of dissolution. He also appeals the award of specific property to Maria DeLa Luz Mosqueda ("Mother”) as her separate property. For the reasons below, we affirm the parenting time and property orders, but remand for reconsideration of the order granting Mother sole legal custody.<br> <br> FACTU... More...

$0 (07-26-2012 - AZ)
Arizona v. United States

An Arizona statute known as S. B. 1070 was enacted in 2010 to address pressing issues related to the large number of unlawful aliens in the State. The United States sought to enjoin the law as preempted. The District Court issued a preliminary injunction preventing four of its provisions from taking effect. Section 3 makes failure to comply with federal alien-registration requirements a state misd... More...

$0 (06-25-2012 - AZ)
Skydive Arizona, Inc. v. Cary Quattrocchi

Skydive Arizona owns and operates one of the largest skydiving centers in the world. Defendants Butler, Quattrocchi, Atlanta SC, Inc., CASC, Inc., and IGOVincent, Inc. (collectively, SKYRIDE) operate an Internet and telephone-based advertising service, making skydiving arrangements for customers, and issuing certificates that can be redeemed at various drop zones around the country. Skydive Arizon... More...

$0 (03-12-2012 - AZ)
Matthew C. Kilgore v. KeyBank, N.A.

These consolidated appeals involve the sometimes delicate and precarious dance between state law and federal law. Matthew Kilgore and William Fuller ("Plaintiffs”) brought this putative class action against KeyBank, N.A., Key Education Resources, and loan servicer Great Lakes Education Loan Services, Inc. (collectively, "KeyBank”), alleging violations of California's Unfair Competition... More...

$0 (03-07-2012 - AZ)
Joseph R. Diaz v. Janice K. Brewer

The State of Arizona appeals the district court's order granting a preliminary injunction to prevent a state law from taking effect that would have terminated eligibility for healthcare benefits of state employees' same-sex partners. In a published opinion, the district court found that the plaintiffs demonstrated a likelihood of success on the merits, because they showed that the law adversely af... More...

$0 (09-06-2011 - AZ)
Sharon Newton-Nations v. Donald McCants

Plaintiff-Appellants ("Plaintiffs”) are a class of economically vulnerable Arizonans who receive public health care benefits through the state's Medicaid agency. In 2003, Arizona's Medicaid agency notified Plaintiffs that their copayments would be increased, and that these increased copayments would be mandatory, allowing providers to decline to serve them if they could not afford their copa... More...

$0 (08-24-2011 - AZ)
Planned Parenthood Arizona, Inc. v. American Association of Pro-Life Obstetricians & Gynecologists

¶1 This case requires us to decide whether four statutory provisions that regulate the performance of abortions violate the equal protection or privacy clauses of the Arizona Constitution. The trial court granted Planned Parenthood of Arizona ("PPAZ”) a preliminary injunction barring the enforcement of portions of A.R.S. §§ 36-2152 through -2155. We hold that the statutes at issue wou... More...

$0 (08-11-2011 - AZ)
Roy Fisher v. Tucson Unified School District

In 1974, African American and Mexican American students sued the Tucson, Arizona, school system, alleging intentional segregation and unconstitutional discrimination on the basis of race and national origin. For some 30 years after the parties settled in 1978, Tucson's schools operated subject to a federally enforced desegregation decree. In a careful review of the progress under the decree, the d... More...

$0 (07-19-2011 - AZ)
Centro Familiar Cristiano Buenas Nuevas v. City of Yuma

We address the "equal terms” provision of the Religious Land Use and Institutionalized Persons Act (RLUIPA).1<br><br>I. Facts<br><br>Centro Familiar Cristiano Buenas Nuevas, founded in 1998, is a Christian congregation of around 250 members, associated with the Arizona Southern Baptist Convention. The church sued for a declaratory judgment, injunction, and damages, when the City of Yuma prev... More...

$0 (07-12-2011 - AZ)
Arizona Christian School Tuition Organization v. Winn

Arizona provides tax credits for contributions to school tuition organizations, or STOs. STOs use these contributions to provide scholarships to students attending private schools, many of which are religious. Respondents are agroup of Arizona taxpayers who challenge the STO tax credit as a violation of Establishment Clause principlesunder the First and Fourteenth Amendments. After the Arizona Sup... More...

$0 (04-04-2011 - AZ)
United States of America v. State of Arizona

In April 2010, in response to a serious problem of unauthorized immigration along the Arizona-Mexico border, the State of Arizona enacted its own immigration law enforcement policy. Support Our Law Enforcement and Safe Neighborhoods Act, as amended by H.B. 2162 ("S.B. 1070”), "make[s] attrition through enforcement the public policy of all state and local government agencies in Arizona.�... More...

$0 (04-11-2011 - AZ)
Mary Angela Cafasso v. General Dynamics

In this False Claims Act ("FCA”) appeal, relator Mary Cafasso challenges orders of the district court dismissing her qui tam complaint, rejecting her proposed amended pleading, granting summary judgment on remaining claims, and awarding attorneys' fees.1 We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.<br><br>Cafasso alleges that her former employer General Dynamics C4 Sy... More...

$0 (03-24-2011 - AZ)
Owner-Operator Independent Drivers Association, Inc. v. Swift Transportation Co., Inc.

Plaintiffs Frank Belcher, Marc Mayfield, and the Owner- Operator Independent Drivers Association, Inc. ("OOIDA”) appeal the district court's order granting summary judgment to Defendants Swift Transportation Co. ("Swift”) regarding liability and damages under the Truth-in-Leasing regulations.1 Defendants cross-appeal the district court's finding that the statute of limitations is four ... More...

$0 (01-21-2011 - AZ)
MDY Industries, LLC v. Bizzard Entertainment, Inc. and Vivendi Games, Inc.

Blizzard Entertainment, Inc. ("Blizzard”) is the creator of World of Warcraft ("WoW”), a popular multiplayer online role-playing game in which players interact in a virtual world while advancing through the game's 70 levels. MDY Industries, LLC and its sole member Michael Donnelly ("Donnelly”) (sometimes referred to collectively as "MDY”) developed and sold Glider, a softwa... More...

$0 (12-15-2010 - AZ)
Marlyn Nutraceuticals, Inc. v. Mucos Pharma GMbH & Co. et al.

This appeal presents the question, among others, as to the appropriate criteria that a district court should apply in considering a motion to enter a preliminary injunction requiring a product recall in a trademark infringement case. We join the Third Circuit in requiring that a district court must find a substantial risk of danger to the public or other special circumstances in order to enter an ... More...

$0 (07-02-2009 - AZ)
Horne, Superintendent, Arizona Public Instruction v. Miriam Flores, et al.

These consolidated cases arise from litigation that be-gan in Arizona in 1992 when a group of English Language-Learner (ELL) students in the Nogales Unified School District (Nogales) and their parents filed a class action, alleging that the State was violating the Equal Educational Opportunities Act of 1974 (EEOA), §204(f), 88 Stat.515, 20 U. S. C. §1703(f), which requires a State "to take a... More...

$0 (06-25-2009 - AZ)
Kathleen M. Winn, et al. v. Arizona Christian School Tuition Organization, et al.

Arizona law grants income tax credits restricted to taxpayers who make contributions to nonprofit organizations that award private school scholarships to children. Plaintiffs, certain Arizona taxpayers, allege that some of the organizations funded under this program restrict the availability of their scholarships to religious schools, and that the program in effect deprives parents, the program's ... More...

$0 (04-21-2009 - AZ)
Dream Games of Arizona, Inc., et al. v. PC Onsite, et al.

Dream Games of Arizona ("Dream Games”) prevailed in its lawsuit against PC Onsite for copyright infringement of "Fast Action Bingo,” an electronic video bingo game, and was awarded statutory damages. We must decide whether (1) the district court properly allowed the jury to see unprotectable elements of the game without identifying the protectable elements; (2) the jury should have bee... More...

$0 (04-04-2009 - AZ)
Transwestern Pipeline Company, LLC v. 17.19 Acres of Property Located in Maricopa County, etc., et al.

Transwestern Pipeline Co. (Transwestern) appeals the district court's denial of its preliminary injunction motion seeking immediate possession of appellee landowners' parcels of land. As a holder of a valid Federal Energy Regulatory Commission (FERC) certificate, Transwestern claims it is entitled to condemn appellees' land pursuant to § 717f(h) of the Natural Gas Act (NGA). The district court ... More...

$0 (12-11-2008 - AZ)
Home Builders Association of Central Arizona v. Robert Kard, the Maricopa County Air Control Officer; et al.

¶1 Home Builders Association of Central Arizona ("Home Builders" or "the Association") appeals from the superior court's order dismissing its special action complaint for lack of standing.<br><br>BACKGROUND<br><br>¶2 Maricopa County Air Quality Control Department ("MCAQCD") and Maricopa County Air Quality Control Officer Robert Kard (collectively "the Defendants") are charged with enforcing air ... More...

$0 (07-08-2008 - AZ)
Ralph Nader; Donald N. Daien v. Janice Brewer

Ralph Nader and one of his supporters in Arizona, Donald Daien<br> collectively, "plaintiffs”), appeal from the district <br> court's grant of summary judgment to Janice Brewer, the Secretary<br> of State of Arizona. Plaintiffs alleged that two provisions of<br> Arizona's statutory election scheme—the requirement that<br> circulators of nomination petitions be resi dents of Arizona an... More...

$0 (07-13-2008 - AZ)
Roger and Doreene Watson v. Apache County

1 Roger and Doreene Watson appeal the trial court's summary judgment in favor of Apache County on their claim for negligent misrepresentation. The Watsons challenge the court's rulings that the County is entitled to qualified immunity and that they failed to present or identify facts or an expert witness to establish gross negligence. For the following reasons, we conclude that the County is not e... More...

$0 (05-11-2008 - AZ)
Juan Carlos, et al. v. Scripps-Howard Broadcasting Co., dba KNXV-TV

1 Cooper Tire and Rubber Company ("Cooper") challenges the superior court's ruling that Abbie Boudreau ("Boudreau"), a reporter for Scripps-Howard Broadcasting, dba KNXV-TV ("KNXV"), did not breach the court's confidentiality order when the television station broadcast her story about the safety of Cooper's tires. In resolving this appeal, we address three issues: (1) whether the court properly ba... More...

$0 (03-31-2008 - AZ)