Arizona State Law Journal Blog

The Dignity Crutch: Understanding Sovereign Immunity After Franchise Tax Board of California v. Hyatt

By KC Hooker. In May 2019, the Supreme Court decided Franchise Tax Board of California v. Hyatt, which overturned Nevada v. Hall and held that citizens cannot sue a state in another state’s courts. The decision was not surprising given the Court’s expansion of sovereign immunity—or the idea that governments are immune from suits by private parties—since the mid 1990s. As the Court expanded sovereign immunity during that decade, it departed from the literal text of the Eleventh Amendment, which limits federal court jurisdiction to entertain suits against states, and began to rely on a principle called the “dignity rationale.”

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Arizona’s Compulsory Arbitration Program: Is It Time for a Reform?

By Christian Fernandez. What is Arizona’s compulsory arbitration program? Arbitration is a form of alternative dispute resolution where an independent third party hears the case and determines the result. Arizona courts have adopted a compulsory arbitration program for all civil lawsuits that meet the requirements listed in Rules 72–77 of the Arizona Rules of Civil Procedure. All civil disputes valued under a specific amount are resolved through this arbitration program instead of litigating in court. This program applies to plaintiffs that are only seeking money damages. In addition, this program does not apply to criminal lawsuits. How does the compulsory

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Do plaintiffs in data breach cases have a leg to stand on?

By Kacie Donovan. Data breaches and resulting amounts of compromised personal information are increasing rapidly. The FBI has said “[T]here are only two types of companies: those that have been hacked and those that will be. And even they are converging into one category: companies that have been hacked and will be hacked again.” Unsurprisingly, plaintiffs affected by these ever-common data breaches are seeking relief in court. Standing doctrine is a hotly contested battleground for the parties to litigation following a data breach. In some courts, plaintiffs experience difficulty demonstrating that the theft of their data alone gives them standing. Several

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CBD: The Legality & Regulation of the “Other” Cannabis Ingredient

By Abby Dockum. Over the past several years, products containing cannabidiol—better known as CBD—have spread across the shelves of grocery stores and pharmacies. Sales of CBD products are expected to surpass $5 billion dollars in 2019, up 700% from 2018. This may be attributed in part to increased research on the health benefits of CBD, but it is more likely due to changes in CBD’s legal status. What is CBD? CBD, like tetrahydrocannabinol (THC), is an active ingredient of cannabis. Unlike THC, however, CBD has no psychoactive effect, meaning it does not cause a “high.” CBD is not addictive, and

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Defective Work & Offers to Cure: Do Contractors Have a Common Law Right to Cure?

By Caitlin Doak. No published Arizona opinion provides for an implied right to cure. However, a recent unpublished Court of Appeals opinion suggests that Arizona is inching closer to adopting an implied right to cure absent a contractual right to cure. In Fisher v. Rondo Pools, 1 CA-CV 18-0343 (Ariz. App. 2019), the court found no error in the superior court instructing the jury that “in determining whether Rondo materially breached the contract, it could consider Rondo’s ‘ability to cure or fix the alleged breach’ and whether Rondo ‘can make any reasonable assurances that it would cure the alleged breach.’”

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Supreme Court Kicks Off Controversial Docket

By Harman Dhanoa. On October 7th, 2019, the justices returned to the bench for what has been called “the most significant Supreme Court term in a decade.” The docket of 59 cases is set to cover high-profile matters including abortion, gun rights, LGBT+ rights, presidential power, and more. While Chief Justice John Roberts has long sought to maintain an image of the Court as an apolitical institution, all eyes will be on the conservative-leaning Court as it rules on divisive issues ahead of the 2020 presidential election. A brief overview of the issues on the docket this term: Abortion In

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The opinions expressed herein are those of the individual contributors to the ASLJ Blog and should not be construed as the opinions of the
Arizona State Law Journal or the Sandra Day O’Connor College of Law at Arizona State University.