Monday, May 28th, 2018

Arizona Remand Yields Mixed Ruling in ‘Papers’ Case

"Plaintiffs have not shown that they are likely to succeed on their facial challenges to Subsection 2(B) as a result of the Supreme Court’s opinion in the related case.  Plaintiffs have shown that they are likely to succeed as to the merits of their claim that A.R.S. § 13-2929 is preempted.  Plaintiffs have further shown that they are likely to suffer irreparable harm in the absence of an injunction and that the balance of the equities and the public interest favor an injunction as to A.R.S. § 13-2929.  IT IS THEREFORE ORDERED granting in part and denying in part Plaintiffs’ Motion for Preliminary Injunction (Doc. 723).  IT IS FURTHER ORDERED preliminarily enjoining the enforcement of A.R.S. § 13-2929." – Valle del Sol v. Whiting, Sept. 5, 2012