Diane Drain

OCTOBER 29, 2020

Maricopa County, Arizona, Sheriff’s Bidding Requirements at a Sheriff’s Execution Sale of a Judgment Debtor’s “Homestead” Residence. The Arizona statute, which includes the conditions that must be complied with before the Sheriff will even schedule a Sheriff’s Execution Sale of a Homestead Residence, is set forth in full below: 33-1105.

Real Estate 197

Real Estate Depositions Diligence Calendaring 197

Diane Drain

JULY 16, 2021

Arizona Residential Eviction Actions Procedures – effective July 15, 2021. IT IS FURTHER ORDERED beginning on the effective date of this Order, all other eviction cases shall be processed solely under Arizona statutes and rules, except as provided herein. Drain - Phoenix Arizona Bankruptcy Attorney. PLEADINGS.

Calendaring 104

Calendaring Statute Court Cause of Action 104

JURIST

OCTOBER 28, 2024

The program is only available to voters in certain swing states, including Georgia, Arizona, and Pennsylvania. ” There may be a grey area in the statute, but since a lawsuit has been filed, the court can provide a clear answer on the legality of the petition. He’s paying them to sign the petition.”

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Attorney Criminal Law Statute Litigating 211

SCOTUSBlog

MAY 23, 2022

David Martinez Ramirez and Barry Lee Jones, both of whom were sentenced to death in Arizona, argued that rigid application of the statute would lead to the absurd result of prisoners being able to raise a claim, but not to develop any evidence to support it, undermining the rationale of Martinez.

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Lawyer Lawyers Court Statute 113

SCOTUSBlog

MARCH 17, 2023

Meanwhile, the water level at Lake Powell, the massive reservoir created by the Glen Canyon Dam on the Utah-Arizona border, is at historic lows, threatening its ability to generate power. The federal government and the states of Arizona, Colorado, and Nevada, which intervened below, successfully sought Supreme Court review.

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Government Statute Court Litigating 120

JURIST

MARCH 17, 2022

The Northern District Court of California Tuesday ruled that Major League Baseball (MLB) violated Arizona and Florida state minimum wage laws when not paying minor leaguers during spring training, instructional leagues, or extended spring training. Chief Magistrate Judge Joseph C.

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Statute Laws Attorney Court 104

SCOTUSBlog

DECEMBER 9, 2021

As Roberts put it, what should the court do in a situation where “the plain language” of a statute “seems to require one result,” while “the plainly logical meaning of a subsequent precedent” seems to require the opposite? The question raised in Shinn v. Roberts replied, “That’s a lot of prescience to ascribe to Congress.”.

Statute 104

Statute Lawyers Lawyer Court 104

JURIST

AUGUST 21, 2024

The Arizona Supreme Court ruled on Tuesday that a 200-word description of a ballot initiative to enshrine a right to abortion in the state’s constitution was valid and determined voters would see the initiative on the statewide general election ballot.

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Court Statute Court Rules Laws 211

JURIST

OCTOBER 3, 2023

State of Arizona on Tuesday, banning Arizona from excluding gender-affirming care in state health insurance plans. ” The case was originally filed in 2019 by Russell Toomey, an Associate Professor at the University of Arizona. US District Court Judge Rosemary Marquez affirmed the final consent decree in the case Toomey v.

Healthcare 245

Healthcare Court Statute Litigating 245

SCOTUSBlog

MARCH 28, 2022

The new cases involve a challenge to an animal-welfare law in California, a death-penalty issue in Arizona, and a copyright dispute over an Andy Warhol work. Arizona , the justices agreed to take up the case of a death-row inmate in Arizona who had asked the justices to weigh in on a dispute over whether Lynch v.

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Laws Court Statute 89

SCOTUSBlog

MARCH 23, 2022

For many years thereafter, the Arizona Supreme Court refused to apply Simmons. That court believed that Arizona’s sentencing law was sufficiently different from the others the Supreme Court had considered that Simmons did not apply. Arizona , 21-846 , and Burns v. The Arizona Supreme Court denied Cruz’s claim.

Court 71

Court Statute Felony Laws 71

SCOTUSBlog

NOVEMBER 3, 2023

Established in 1871, the San Carlos Apache Indian Reservation spans 2,800 square miles in southeastern Arizona and is home to nearly 11,000 people. Under the federal statute governing these contracts, tribes can then keep third-party insurance revenue so long as they spend it on health care.

Government 101

Government Contract Statute Court 101

LawSites

JULY 27, 2022

During a question-and-answer session following her speech, I asked her about the stalled efforts to bring about reform in California and what the Supreme Court could do to move the issue forward, particularly in light of the leading roles taken by the supreme courts of Arizona and Utah to bring about reforms in those states.

Lawyer 98

Lawyer Lawyers Legal Services Attorney 98

Constitutional Law Reporter

NOVEMBER 28, 2022

Arizona: In this death penalty case, the justices will decide whether the Arizona Supreme Court’s ruling that a state rule of criminal procedure barred the defendant, John Cruz, from obtaining relief is an adequate and independent state-law ground for the judgment against him. .

Constitutional Law 52

Constitutional Law Statute Education Court Rules 52

SCOTUSBlog

OCTOBER 4, 2022

McDonough , a case that the court already rescheduled seven times last term, and which involves the construction of a statute providing disability pay for members of the military. Court of Appeals for the Federal Circuit, by a divided vote , deferred to the Department of Veterans Affairs construction of the statute under Chevron U.S.A.,

Construction 101

Construction Statute Felony Court 101

JURIST

APRIL 9, 2024

The focus is on a law from 1864, established shortly after Arizona was designated as a US territory by the Senate and decades before it attained statehood. The regulation has remained largely unchanged since 1865, and the near-total abortion ban was codified into Arizona state law in the early 20th century. The 2022 ruling Dobbs v.

Laws 249

Laws Court Statute Criminal Law 249

Paralegal Bootcamp

JULY 28, 2022

In some jurisdictions (like Arizona), the jurors are sent questions to answer. is to know your local rules and statutes. Mary Katherine Mayer is a NALA Advanced Certified Paralegal in Criminal Litigation and the Recording Secretary for the Arizona Paralegal Association. Knowing the Rules of Evidence. Meet the Author.

Paralegals 264

Paralegals Paralegal Criminal Law Laws 264

Diane Drain

JANUARY 3, 2021

CFPB Sues Encore Capital Group, Midland Funding, Midland Credit Management, and Asset Acceptance Capital Corp for Collecting Debts Beyond Statute of Limitations without disclosing debts were uncollectable, and other illegal acts. Drain - Phoenix Arizona Bankruptcy Attorney. and Asset Acceptance Capital Corp. – Diane L.

Statute 104

Statute Attorney Court 104

SCOTUSBlog

JANUARY 8, 2024

The statute includes a list of information the government must include – most notably, the time and place of the removal hearing. A noncitizen who does not attend a removal proceeding can be ordered removed as long as written notice has been provided to him under the statute. Tori Madden) The question before the justices on Jan.

Government 91

Government Statute Court Cause of Action 91

JURIST

JULY 29, 2024

The Maricopa County Superior Court of Arizona on Friday barred the wording of an abortion-related ballot initiative pamphlet explaining a constitutional amendment proposal. ” The Arizona Constitution allows for fifteen percent of voters to propose legislation.

Court 197

Court Statute Court Rules Laws 197

SCOTUSBlog

NOVEMBER 4, 2022

The first case involves Axon Enterprise, an Arizona company that makes police body cameras and other technology products for law enforcement. The general federal jurisdiction statute ( 28 U.S.C. Axon has been mired in FTC investigations and proceedings since it purchased a competitor in 2018.

Statute 115

Statute Court Entertainment Administrative Law 115

JURIST

JULY 12, 2022

US District Court Judge Douglas Rayes Monday blocked Arizona’s “personhood” law from taking effect. This order only affects the “personhood” law and not the other abortion laws on Arizona’s books.

Laws 232

Laws Statute Attorney Court 232

JURIST

OCTOBER 8, 2022

An Arizona state appeals court Friday blocked enforcement of a 1901 abortion ban, which bans all abortions unless the procedure is necessary to save a pregnant person’s life. Planned Parenthood said, with the stay in place, Arizona clinics will now resume abortion procedures.

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Court Healthcare Statute Attorney 223

SCOTUSBlog

NOVEMBER 2, 2022

The Supreme Court has held that the federal government assumes a trust obligation to assert reserved water rights for Native tribes only when it “ expressly accepts those responsibilities by statute ,” by regulation, or by treaty with a tribe. Navajo Nation and Arizona v. Arizona , 21-1553. Navajo Nation. New Relists.

Government 109

Government Construction Court Statute 109

SCOTUSBlog

NOVEMBER 2, 2021

Mark Brnovich is the attorney general of Arizona. “… the right of the people to keep and bear arms shall not be infringed.”. For this reason, any state statutes containing widespread prohibitions or overly burdensome regulations on the concealed carry of firearms must be immediately questioned. A preview of the case is here.

Attorney 107

Attorney Statute Education Government 107

SCOTUSBlog

OCTOBER 26, 2022

In recent years, the Supreme Court has expressed misgivings about white-collar prosecutions under broadly worded statutes. Judge Gregg Costa, joined by six other judges, wrote that “[t]he Supreme Court’s message is unmistakable: Courts should not assign federal criminal statutes a ‘breathtaking scope’ when a narrower reading is reasonable.”

Statute 128

Statute Construction Court Felony 128

JURIST

AUGUST 18, 2021

A group of Arizona plaintiffs filed a lawsuit in federal court on Tuesday seeking to block implementation of two provisions of an abortion law set to go into effect in September. The personhood provision, on the other hand, “alters the entire Arizona Revised Statutes.”

Statute 197

Statute Court Attorney Laws 197

SCOTUSBlog

SEPTEMBER 29, 2023

Board of Governors of the Federal Reserve System , the justices agreed to decide when the six-year statute of limitations to challenge an action by a federal agency begins to run: Is it when the agency issues the rule, even if the plaintiff has not yet suffered any injury from the action; or is it instead when the plaintiff is actually injured?

Calendaring 124

Calendaring Court Statute Court Rules 124

Conflict of Laws

JUNE 28, 2023

Supreme Court yesterday upheld the constitutionality of Pennsylvania’s corporate registration statute, even though it requires out-of-state corporations registering to do business within the state to consent to all-purpose (general) personal jurisdiction. This post is by Maggie Gardner, a professor of law at Cornell Law School.

Court 40

Court Statute Cause of Action Contract 40

Diane Drain

MARCH 15, 2021

It is possible that a court may construe section 6428B as a separate statute and therefore not a recovery rebate “under section 6428.” Drain - Phoenix Arizona Bankruptcy Attorney. COVID-19 SCAMS – WARNINGS FROM FTC. The post You will not lose your 2021 Stimulus Payments if you File Bankruptcy (Maybe?) appeared first on Diane L.

Lawyers 104

Lawyers Lawyer Statute Court 104

SCOTUSBlog

MAY 23, 2022

Even Justice Clarence Thomas led off the questioning by noting that Arizona’s position that the statute governs would render Martinez “pretty worthless.”. In Ramirez’s case, Arizona did not object to the evidentiary hearing in the district court and did not raise AEDPA’s bar on developing new evidence until the case reached the U.S.

Court 145

Court Statute Lawyer Lawyers 145

SCOTUSBlog

OCTOBER 22, 2021

Issue : Whether a statute that criminalizes speech intended to annoy or offend is unconstitutionally overbroad under the First Amendment. Tekoh concerns a plaintiff’s ability to bring a lawsuit for a constitutional violation under 42 U.S.C. Lamoureux v. Bethany Hospice and Palliative Care LLC. Disclosure : Goldstein & Russell, P.C.,

Court 110

Court Statute Laws Court Rules 110

Diane Drain

APRIL 3, 2021

That statute made a number of additional temporary changes to the Bankruptcy Code, all of which, by their terms, expire either one year or two years after the changes became effective. Drain - Phoenix Arizona Bankruptcy Attorney. This debt limit was increased to $7.5 Changes Under the Consolidated Appropriations Act of 2021.

Small Business 104

Small Business Statute Contract Attorney 104

SCOTUSBlog

FEBRUARY 26, 2022

Specifically, the statute calls for differential pay when a reservist is “perform[ing] active duty in the uniformed services pursuant to a call or order to active duty under … a provision of law referred to in [10 U.S.C. §] 101(a)(13)(b).” Customs and Border Protection and as a technical sergeant in the Arizona Air National Guard.

Human Resources 88

Human Resources Court Statute Laws 88

SCOTUSBlog

JUNE 27, 2022

Arizona does not provide a basis for civil damages under 42 U.S.C. Share On Thursday, the Supreme Court released its opinion in Vega v. Tekoh , in which a 6-3 court held that a violation of Miranda v.

Court 101

Court Constitutional Law Statute Government 101

Constitutional Law Reporter

JANUARY 25, 2024

” Paragraph (1) of section 1229(a) requires a single notice document that contains all the information specified in the statute, including the “time and place” of proceedings. California Coastal Commission and Dolan v. City of Tigard , Oregon simply because it is authorized by legislation.

Immigration 52

Immigration Government Court Manufacturing 52

HowAppealing

MAY 13, 2024

“Arizona’s 1864 abortion ban not enforceable until mid-August, state Supreme Court says”: Stacey Barchenger of The Arizona Republic has this report. ” The post “Arizona’s 1864 abortion ban not enforceable until mid-August, state Supreme Court says” appeared first on How Appealing.

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Court Statute Laws 100