REDGRAVE v. DUCEY

No. CV-20-0082-CQ.

493 P.3d 878 (2021)

Marcie A. REDGRAVE, individually and on behalf of all others similarly situated, Plaintiff/Appellant, v. Doug DUCEY, Governor; Thomas J. Betlach, in his official capacity as director of the Arizona Health Care Cost Containment System; Arizona Department of Economic Security; Arizona Division of Developmental Disabilities, Defendants/Appellees.

Supreme Court of Arizona.

Filed August 19, 2021.


Attorney(s) appearing for the Case

Nicholas J. Enoch , Stanley Lubin , Kaitlyn A. Redfield-Ortiz (argued), Lubin & Enoch, P.C., Phoenix, Attorneys for Marcie A. Redgrave.

J. Mark Ogden , Littler Mendelson, P.C., Phoenix, Attorneys for Doug Ducey; and Mark Brnovich , Arizona Attorney General, Drew C. Ensign , Deputy Solicitor General, (argued), Robert J. Makar , Assistant Attorney General, Phoenix, Attorneys for Thomas J. Betlach, Arizona Department of Economic Security, and Arizona Division of Developmental Disabilities.

David L. Abney , Ahwatukee Legal Office, P.C., Phoenix; Stanley G. Feldman , Miller, Pitt, Feldman & McAnally, P.C., Tucson; and Daniel J. Adelman , Arizona Center for Law in the Public Interest, Phoenix, Attorneys for Amici Curiae Arizona Center for Law in the Public Interest and Arizona Association for Justice/Arizona Trial Lawyers Association.

Edmundo P. Robaina , Robaina & Kresin PLLC, Phoenix; and Ty D. Frankel , Bonnett, Fairborn, Friedman & Balint, P.C., Phoenix, Attorneys for Amicus Curiae Kimberly Spitler.

CHIEF JUSTICE BRUTINEL authored the opinion of the Court, in which VICE CHIEF JUSTICE TIMMER, and JUSTICES BOLICK, LOPEZ, BEENE, and MONTGOMERY joined.


¶1 The United States Court of Appeals for the Ninth Circuit certified the following question to this Court: Has Arizona consented to damages liability for a state agency's violation of the minimum wage or overtime provisions of the federal Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§...

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