Diane Drain

MAY 15, 2021

On January 1, 2022, HB2617 will become the law of Arizona. Your home is no longer protected from your judgment creditors, which will have a devastating effect on Arizona’s consumers, and those hardest hit by Covid-19. The homestead exemption has been an essential Arizona consumer protection law since the beginning of Arizona statehood.

Laws 197

Laws Litigation Litigating Court 197

Diane Drain

APRIL 20, 2021

Arizona Bill wants Judgment Creditor to get paid before homeowners when house is refinanced (something Arizona law has not allowed since mid 1950s). Concerns about Arizona HB 2617, especially with the amendments: will allow old and new judgments to attached to homesteads. Drain - Phoenix Arizona Bankruptcy Attorney.

Statute 232

Statute Laws Attorney Court 232

The Crime Report

JUNE 2, 2021

In a statement, the Arizona Department of Corrections, Rehabilitation and Reentry said it was “prepared to perform its legal obligation and commence the execution process as part of the legally imposed sentence, regardless of method selected.” In Arizona, where 115 inmates are on death row, hydrogen cyanide has been deployed before.

Statute 98

Statute Legal Legal Court 98

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

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.

Lawyer 109

Lawyer Lawyers Court Statute 109

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 Litigation 115

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.

Statute 104

Statute Laws Attorney Court 104

Diane Drain

APRIL 15, 2021

Russ Wiles, Arizona Republic, Arizona Republic Interviews Diane L. Drain about Arizona homestead protection and exposure to creditors. Homeowners who refinance their mortgag es could lose protections from debt collectors and other creditors under a bill that’s quietly making its way through the Arizona Legislature.

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Laws Small Business Attorney Finance 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.

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Healthcare Court Statute Litigation 245

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 101

Statute Lawyer Lawyers Court 101

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.

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Government Contract Statute Court 90

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 82

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

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.

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Paralegal Paralegals Criminal Law Laws 265

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

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 104

Statute Court Entertainment Administrative Law 104

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.

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Government Construction Court Statute 99

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.

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Attorney Statute Government Education 105

SCOTUSBlog

OCTOBER 1, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the House of Representatives may vote by proxy, when the statute of limitations begins for state prisoners seeking DNA testing, a football coach’s post-game prayer and Texas’ new anti-abortion law. McCarthy v.

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Statute Court Laws Court Rules 97

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 121

Statute Construction Court Felony 121

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 115

Calendaring Court Statute Court Rules 115

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.

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Court Statute Cause of Action Contract 40

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.

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Court Statute Lawyer Lawyers 145

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.

Lawyer 104

Lawyer Lawyers Statute Court 104

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 102

Court Laws Statute Court Rules 102

JURIST

APRIL 4, 2024

If signed, the adultery statute will be immediately repealed. The bill states the purpose of repealing the law is to remove an “outdated statute criminaliz[ing] sexual behavior between consenting adults.” The bill, which passed the State Assembly earlier this year, now goes to New York Governor Kathy Hochul.

Misdemeanor 223

Misdemeanor Laws Felony Statute 223

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

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 100

Court Constitutional Law Government Statute 100

The Crime Report

NOVEMBER 8, 2021

Texas authorities say they have the right to keep it under civil forfeiture statutes. He came to Arizona with $39,500 to purchase a third semi-tractor truck for his logistics business. Police seized $42,000 from Ameal Woods’ car in 2019 when his car was stopped and searched. Photo courtesy Institute for Justice.

Misdemeanor 115

Misdemeanor Court Attorney Statute 115

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 81

Human Resources Court Statute Laws 81

Broadcast Law Blog

SEPTEMBER 19, 2022

The FCC’s Media Bureau issued an Order granting the license renewal of an FM station is Arizona for only one year, instead of the normal eight year period, because the station had been silent for extended periods.

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Statute Legal Legal Court 59

Diane Drain

DECEMBER 31, 2020

However, the statute also says such PPP loans will be available only if the SBA Administrator sends a letter to the Director of the Executive Office for United States Trustee acquiescing to PPP loans in bankruptcy. Drain - Phoenix Arizona Bankruptcy Attorney. The CAA amends the Bankruptcy Code to permit PPP loans to certain debtors.

Small Business 104

Small Business Contract Statute Government 104

SCOTUSBlog

OCTOBER 13, 2022

permits courts to defer to the Department of Veterans Affairs’ construction of a statute designed to benefit veterans, without first considering the pro-veteran canon of construction; and (2) whether Chevron should be overruled. Arizona , 21-1553. Natural Resources Defense Council, Inc. 28 and Oct. 7 conferences). Khorrami v.

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Tort Construction Court Felony 96

ClimateChange-ClimateLaw

APRIL 18, 2023

Even if the decision stands, it applies only in the Ninth Circuit, which encompasses Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands. Air pollution is governed at the federal, state, and sometimes local levels, and the relevant federal statute is the U.S.

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Construction Government Legal Legal 111

JURIST

JUNE 24, 2023

” The states of Texas and Louisiana originally filed their lawsuit against the federal government in 2021, saying: The Biden Administration is refusing to take custody of criminal aliens despite federal statutes requiring it to do so. Secretary of Homeland Security Alejandro N.

Immigration 211

Immigration Court Rules Court Statute 211