University of Arizona Law to Host Virtual Arizona Supreme Court Arguments Nov. 17

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The two cases are: 

9:45-10:25 a.m. MST 
American Civil Liberties Union of AZ v. DCS, CV-20-0030-PR 
Summary: The ACLU sought records from DCS, arguing that the database in which the documents resided was a public record, and it prevailed on that issue before the Court of Appeals. On remand, the trial court awarded attorneys’ fees because the ACLU “substantially prevailed” on the appeal. For the purposes of an attorneys’ fee award, can winning an issue on which the other side does not take an adversarial position still serve as the basis for finding that a party “substantially prevailed” in the litigation? 

• Combined Petition for Review and Appendix (Filed by Appellee ACLU-AZ on March 6, 2020) 
• Response to Petition for Review (Filed by Appellee DCS on May 6, 2020) 
• Public Docket 

10:30-11:10 a.m. MST 
Concetta Rizzio v. Surpass Senior Living LLC, et al, CV-20-0058-PR 
Summary: The plaintiff's retainer agreement with her attorney provided that the attorney would advance all costs of the arbitration. Notwithstanding these circumstances, can an arbitration provision still be substantively unconscionable for allocating all litigation costs to the plaintiff regardless of which party prevails?   

• Petition for Review (Filed by Appellee Rizzio on March 4, 2020) 
• Defendants'/Appellants' Response to Plaintiffs'/Appellees' Petition for Review (Filed by Appellants Surpass Senior Living LLC et al on April 10, 2020) 
• Public Docket 

The traditional link to view live-streaming arguments is http://www.azcourts.gov/AZ-Supreme-Court/Live-Archived-Video but if that link is not working, please use: https://supremestateaz.granicus.com/ViewPublisher.php?view_id=11.