Date: September 20, 2013

Arizona v. Hon. Warren J., Rose – Legal Reform

The people of Arizona passed an initiative giving crime victims a constitutional right to refuse interviews and depositions, from those accused of perpetrating a crime. Though the constitutional provision states that this protection applies to all crime victims in Arizona, the Legislature has enacted a statute purporting to exclude business owners from these protections. Accordingly, the NFIB Small Business Legal Center filed in this case to make clear that the legislature cannot take away a business’ constitutional rights through legislation. 

Federal Trade Commission v. Wyndham – Regulatory
U.S. District Court for the District of Arizona
NFIB joined an amicus brief in Arizona federal court in support of Wyndham Worldwide’s motion to dismiss a lawsuit brought by the Federal Trade Commission, alleging that the company engaged in "unfair" trade practices because it allegedly lacked "reasonable" data security measures to prevent hackers from breaching its data defenses.
NFIB’s brief argues that the FTC has a pattern of abusing its "unfairness" authority by routinely punishing businesses who are themselves hacking victims for allegedly failing to have “reasonable” data security measures in.

Industrial Comm’n of Arizona (ICA) v. Martin – Workers’ Compensation

NFIB has joined the fight against the state of Arizona’s unconstitutional taking of funds from the state’s workers’ compensation fund.  On January 31, 2009 Arizona Governor Jan Brewer signed SB 1001, which sweeps over $4 million from the state’s Special Fund of the Industrial Commission, the fund established by Arizona’s workers’ compensation statute to ensure injured workers receive benefits mainly in cases where the employer is uninsured or the insurance carrier is insolvent. These millions of dollars were used to balance the state’s budget in violation of the state’s constitution and workers’ compensation statute that clearly state that money from the Special Fund may only be used to cover workers’. 

Stearns v. Arizona Department of Revenue – Tax 
Arizona Supreme Court – petition for review
Petitioners have asked the court to overrule a Court of Appeals’ decision that sanctioned a violation of the TBOR by allowing the Department of Revenue change its mind on interpretation of taxation and then apply it retroactively to the detriment of taxpayers who were following different rules in the earlier time. 


If you have a case that impacts small business, please contact us at:  1-800-552-NFIB as we are actively looking for opportunities to weigh in on important issues in this state. NFIB Small Business Legal Center is involved in many cases that impact this state and others; to see our complete list of Supreme Court cases click on Washington, DC on the interactive map.

 Thank You

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