Arizona State Law Journal Blog

By Tessa Patterson.Phoenix-based startup Nikola Motor Company (“Nikola”) has risen to the top. Nikola was once valued at more than Ford Motor Company buthas since endured bumpy roads, including a patent lawsuit with fellow electric car competitor, Tesla. The most recent roadblocks comes in the form of fraud allegations from short-seller Hidenburg Research, and subpoenas from the Department of Justice and the Securities and Exchange Commission. Subpoenas do not necessarily mean any action will be brought against Nikola. Though if the government uncovers the necessary elements of fraud, it may get the green light to bring suit.What is Nikola?Founded by Trevor Milton in 2014, Nikola specializes in battery-electric and hydrogen fuel-cell vehicles, with a focus on semitrucks. Since going public in June through a special-purpose acquisition company, Nikola’s stock price…

By Renee Guerin.Native Voters at the Forefront of the 2020 Election The recent presidential election underscored the importance of an often-overlooked group—indigenous voters. Multiple news outlets lauded Native voters as key to President-elect Biden’s narrow victory in decisive states like Wisconsin and Arizona. One news source suggested Biden won 98% of the Native vote in Arizona (in comparison to 51% of the vote statewide). Similarly, Dr. Len Necefer, an assistant professor at the University of Arizona and Navajo Nation member, estimated that 76,000 of 86,000 registered Navajo voters cast a ballot and approximately 74,000 voted for President-elect Biden. This increased turnout is largely due to the efforts of Native activists and grassroots organizations to register voters, provide voting resources, and create media campaigns which mobilized indigenous voters.  "'Proud Requiem' //…

By John Butzer.IntroductionCan an individual who is not a party to a contract be bound to a limitation provision of that contract? In Arizona, the answer is no. Recently, the Arizona Supreme Court unanimously decided in JTF Aviation Holdings, Inc. v. CliftonLarsonAllen LLP that the closely related party doctrine does not extend to this scenario.  "Signature" by Hammer51012 is licensed under CC BY-SA 2.0 The Original DisputeIn December 2013, JTF Aviation, Inc. (JTF) hired CliftonLarsonAllen LLP (CLA) to conduct an audit of JTF’s consolidated financial statements. The primary purpose of the audit was to ensure that JTF’s financial information was presented in accordance with Generally Accepted Accounting Principles, known as GAAP. JTF and CLA documented their relationship with an Engagement Letter, which was signed by JTF’s Chief Financial Officer, Dick…

By Eric Wilkins.E-cigarettes, or “vapes,” have been climbing in popularity since they first arrived in American markets in 2007. Originally, vaping was proposed as a “healthier” alternative to smoking traditional cigarettes. In recent years, marketing strategies of e-cigarette vendors have, seemingly, increasingly targeted minors with unfortunate success. The recent explosion in their popularity—coupled with the rise in associated health complications—has received enough attention to result in a string of lawsuits and discussion by policymakers. Photo credit to https://vaping360.com/ E-cigarettes: A Litigious History  Notwithstanding their relatively recent introduction to the market, the story of legal battles within the e-cigarette industry is convoluted. As just one example, Juul Labs, Inc.—a ubiquitous industry giant whose name has become nearly synonymous with vaping itself—is currently facing more than seven hundred lawsuits from numerous states…

By Aurora Walker.With a global pandemic, a massive economic slump, widespread civil unrest, and a contentious presidential election, the year 2020 has turned up the heat on political drama in America. To top all of this off, President Trump added even more fuel to the fire by nominating Amy Coney Barrett to replace Ruth Bader Ginsburg on the Supreme Court.Ginsburg died on September 18, and in the following days and weeks,Americans paid tribute to her life and legacy. President Trump nominated Barrett just eight days after Ginsburg’s death and just a few weeks before the 2020 general election. A majority of Americans opposed the timetable of her appointment. While some were elated at the prospect of a young, conservative woman on the court, others had concerns about Barrett’s judicial views…

By Molly Walker. At the end of October 2020, the CDC reported nearly nine million COVID-19 cases and over 200,000 COVID-19 deaths in the United States. The positive case count for individuals with COVID-19, the coronavirus disease, continues to soar. The unprecedented nature of the disease along with the serious health implications it poses have prompted an abundance of legal claims. Recently, several unions petitioned the United States Court of Appeals for the Ninth Circuit to compel the Occupational Safety and Health Administration (OSHA) to create standards addressing infectious diseases in the workplace. "Medical Safety Gear" by wuestenigel is licensed under CC BY 2.0 The PetitionOn October 29, 2020, several unions, consisting of teachers, government employees, and health care workers, jointly filed a petition with the United States Court of Appeals…

 By Catherine Swett.Jaguars once ranged across a large portion of the United States, through California, Arizona, New Mexico, Texas, and even as far as Louisiana. But their numbers declined throughout the 20th century until they were only found in remote areas of Arizona and New Mexico. In the last two decades, only seven jaguars have been documented in the United States. And now their population faces a new threat—the Trump administration’s border wall.Panthera onca "Male Jaguar–Photo Courtesy of UA/USFWS" by U.S. Fish & Wildlife Service Southwest Region is marked with CC PDM 1.0 Jaguars have been listed as an endangered species in the United States since 1997, and they received designated critical habitat near the Arizona-Mexico border in 2014. While there are many threats to the species, habitat loss and…

By Jacinda Stephens. In July 2020, a heated debate over Proposition 123 (“Prop 123”) came to a close when the Ninth Circuit overturned a U.S. District Court decision on the matter. A year earlier, in March 2019, the U.S. District Court for the District of Arizona held that Prop 123 was unconstitutional in Pierce v. Ducey. Michael Pierce, the plaintiff, sued Governor Ducey, the defendant, to stop the state from using Prop 123 to remove additional funds from Arizona State Trust land. The District Court judge ruled in Pierce’s favor, and held that Prop 123 was unconstitutional because it was a violation of the New Mexico-Arizona Enabling Act. What is Prop 123? "Inside My Classroom" by knittymarie is licensed under CC BY-SA 2.0 The basis of Prop 123 rests on…

By Elyse Pendergrass.Access to healthcare has become a touchstone topic in recent elections, with arguments for and against Medicare for All taking center stage. However, there are groups of people for which a single-payer healthcare system would not remedy inequities in access to care. For patients who have limited English proficiency, universal healthcare is not enough. This population is the least likely in the United States to have access to basic preventative or regular health services. Language barriers in healthcare delivery can produce disastrous, life-threatening outcomes, not only for second-language speakers but also for deaf patients. "Leave no worker behind" by PSNS & IMF is licensed under CC BY-NC-SA 2.0 Due to lack of access to communication with healthcare providers, patients who use American Sign Language (ASL) to communicate are…

By Jillian Knox.Is there a Fourth Amendment “seizure” when police shoot a fleeing suspect who is injured by the bullets but does not stop? On October 14, 2020, the United States Supreme Court heard oral argument for Torres v. Madrid, a case that addresses this question. The outcome will offer important guidance on what constitutes as “seizure” under the Fourth Amendment and has significant implications for the viability of civil rights lawsuits against the police.THE FACTS  "Constitution in the National Archives" by Mr.TinDC is licensed under CC BY-ND 2.0 In July 2014, New Mexico police officers Janice Madrid and Richard Williamson mistook a car in the parking lot of an Albuquerque apartment complex for the target of an organized crime bust. As they approached the vehicle, the driver, Roxanne Torres, thought she was…