Posted by Ted A. Schmidt | Jan 24, 2025 |
Westerman v. Ernst, No. 2 CA-CV 2023-0205 (App. Div. II, January 22, 2025) (J. Gard) https://www.appeals2.az.gov/decisions/CV20230205Opinion.pdf
OPENING IN VEGETATION IN LANDSCAPING ALLOWING PASSAGE TO PARKING LOT AT STRIP MALL CREATED QUESTION OF FACT AS TO WHETHER PLAINTIFF IS INVITEE VS TRESP...
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Posted by Dev Sethi | Jan 22, 2025 |
When you're injured in an accident in Arizona, determining who is at fault is a critical part of securing fair compensation. Arizona follows a "comparative fault rule," which can significantly impact the outcome of your personal injury claim. Understanding how this rule works is essential to prot...
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Posted by Peter Akmajian | Jan 15, 2025 |
Many of the potential cases we consider relate to care in the Emergency Room. These are challenging cases in part because the Arizona legislature imposed a requirement that such cases be proven by “clear and convincing” evidence, and at least one Arizona court has added to the difficulties surro...
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Posted by Ted A. Schmidt | Jan 10, 2025 |
Arizona Public Records Act: Scope of Required Disclosure/Statute of Limitations
Abraham v. Arizona Bd. of Regents, No. 2 CA-CV 2024-0073 (App. Div. II, January 6, 2025) https://www.appeals2.az.gov/decisions/CV20240073Opinion.pdf
PUBLIC RECORD REQUESTS ENTITLED TO PRESUMPTION OF DISCLOSURE BUT ...
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Posted by Ted A. Schmidt | Jan 09, 2025 |
Sierra Club v. Salt River Agri. Improv. & Power Dist., No. 2 CA-CV 2023-0184 (App. Div. II, January 3, 2025) (J.Gard) https://www.appeals2.az.gov/decisions/CV20230184Opinion.pdf
SALT RIVER PROJECT IS A POLITICAL SUBDIVISION OF THE STATE SUBJECT TO ARIZONA'S PUBLIC RECORD LAW BUT THOSE RECORDS RE...
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Posted by Ted A. Schmidt | Dec 12, 2024 |
State v. Mekeel, No. 1 CA-CR 23-0102 (App. Div. I, December 5, 2024) (J. Brown) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2024/Mekeel%20-%201%20CA-CR%2023-0102%20-%20Opinion.pdf
PROVIDING JURY WITH EXHIBIT NOT ADMITTED INTO EVIDENCE CONSTITUTED FUNDAMENTAL ERROR BUT WHERE JURY GAVE LI...
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Posted by Peter Akmajian | Nov 12, 2024 |
A recent study by the American Medical Association exposes a disturbing public health crisis—more than 80% of emergency departments (ERs) in the U.S. are not fully prepared for pediatric cases. This is despite the fact that pediatric ER visits make up about 20% of total ER visits each year. T...
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Posted by Ted A. Schmidt | Nov 05, 2024 |
In Re: MH2023-004502, No. 1 CA-MH 23-0085 (App. Div. I, October 31, 2024) (J.Jacobs) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2024/No.%201%20CA-MH%2023-0085%20IN%20RE%20MH2023-004502.pdf
EXAMINATION OF MENTAL HEALTH PATIENT BY BEHAVIORAL HEALTH SOCIAL WORKER WHICH INCLUDED TREATMENT ...
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Posted by Matt Schmidt | Nov 05, 2024 |
A recent episode from 60 Minutes revealed a troubling tactic used by insurance companies in attempt to pay out far less money on claims than what the claims were worth. Following hurricane Helene, 60 Minutes' investigators uncovered a slew of cases where insurers substantially modified, eliminate...
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Posted by Ted A. Schmidt | Nov 05, 2024 |
City of Chandler v. Roosevelt Water Conservation District, No. 1 CA-CV 23-0744 (App. Div. I, October 31, 2024) (J. Catlett)
A.R.S. § 12-821 ONE YEAR STATUTE OF LIMITATIONS APPLIES TO PUBLIC ENTITY SUING ANOTHER PUBLIC ENTITY DESPITE NULLUM TEMPUS OCCURRIT REGI/STATUTE OF LIMITATIONS ACCRUES WHEN...
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Posted by Dev Sethi | Nov 05, 2024 |
August 5, 2023 was one of the hottest days in a record setting hot summer in Tucson. That afternoon the Pima County Sheriff's Office sent out a Silver Alert asking the community for help locating Miguel Moreno. Miguel was a 72 year old man with a dementia diagnosis. A few days earlier he moved in...
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Posted by Ted A. Schmidt | Oct 28, 2024 |
Liberti v. City of Scottsdale, No. 2 CA-CV 2024-0082 (App. Div. II, October 25, 2024) (J. Sklar) https://www.appeals2.az.gov/decisions/CV20240082releasedasOpinion.pdf
ABUSE OF PROCESS CLAIM ACCRUES AGAINST PUBLIC ENTITY WHEN PLAINTIFF “REALIZES” OR “RESONABLY SHOULD KNOW” SHE HAS BEEN DAMAGED RE...
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Posted by Ted A. Schmidt | Oct 21, 2024 |
City of Mesa v. Ryan, No. CV23-0284-PR (October 17, 2024) (C.J. Timmer)
A.R.S. § 12-821.01(A) REQUIRES GOVERNMENTAL ENTITY BE SERVED A NOTICE OF CLAIM WITHIN 180 DAYS WHICH CONTAINS “A SPECIFIC AMOUNT FOR WHICH THE CLAIM CAN BE SETTLED AND FACTS SUPPORTING THAT AMOUNT”—DEMANDING $1 MILLION “O...
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Posted by Ted A. Schmidt | Oct 21, 2024 |
Gross v. The Shores at Rainbow Lake Comm. Ass'n, No. 1 CA-CV 23-0394 (App. Div. I, October 10, 2024) (J. Thumma)
AMENDMENT TO CC&R's OF HOA ONLY ENFORCEABLE IF “REASONABLE AND FORESEEABLE”
Defendant The Shores Lake Community Association [HOA] amended its Covenants, Conditions and Restrictions [...
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Posted by Ted A. Schmidt | Oct 03, 2024 |
Kirsten v. Arizona Dept. of Transp., No. 1 CA-CV 24-0092 (App. Div. I, October 1, 2024) (J. Jacobs) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2024/No.%201%20CA-CV%2024-0092%20KIRSTEN%20v%20ADOTMVD.pdf
ABSENCE PROOF OF IMPAIRMENT, A.R.S. § 36-2852(A)(1) PROHIBITS SUSPENSION OF DRIVER'S...
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Posted by Ted A. Schmidt | Sep 11, 2024 |
Melbye v. Dennis, No. 2 CA-CV 2023-0209 (App. Div. II, September 9, 2024) (J. Eckerstrom) https://www.appeals2.az.gov/decisions/CV20230209Opinion.pdf
FAILURE TO TIMELY ANSWER AMENDED COMPLAINT IN FACE OF ENTRY OF DEFAULT SUPPORTS ENTRY OF DEFAULT JUDGMENT/DEFENDANT MAY APPEAL FROM DEFAULT JUDGME...
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Posted by Ted A. Schmidt | Aug 19, 2024 |
Francisco v. Affiliated Urology Ltd, No. CV-23-0152-PR (August 16, 2024) (J. Montgomery) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2024/CV230152PR.pdf
FAILURE TO WARN PATIENT OF RISKS OUTLINED IN DRUG PACKAGING BEFORE PRESCRIBING MEDICATION INADEQUATE WITHOUT EXPERT TESTIMONY TO ES...
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Posted by Ted A. Schmidt | Aug 09, 2024 |
Gallery Comunity Ass'n v. K. Hovnanian at Gallery, LLC, No. 1 CA-CV 23-0375 (App. Div. I, August 6, 2024) (J. Jacobs) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2024/1%20CA-CV%2023-0375%20Gallery%20v.%20K.%20Hovnanian.pdf
A.R.S. § 33-2002(A) AUTHORIZES HOA TO BRING LAWSUIT FOR STRUCTUR...
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Posted by Dev Sethi | Aug 05, 2024 |
I am loving the First Day of School photos that friends are sending me and that are popping up on my social media. It's bittersweet for me – for the first time in a long time, I don't have a kid starting school this week. My K-12 parenting career has ended. Now I look forward to hauling IKEA mov...
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Posted by Peter Akmajian | Jul 22, 2024 |
Over the past several months, there has been a great deal of reporting that women and minorities are more likely than white males to be the victims of poor health care. https://www.nbcnews.com/health/health-news/medical-mistakes-are-likely-women-minorities-rcna133726
According to researchers, w...
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Posted by Ted A. Schmidt | Jul 16, 2024 |
Stalker & Parson Cos., Inc. v. Scottsdale Ins. Co., No. CV-21-0256-CQ (July 10, 2024) (J. Beene) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2024/CV210256CQ.pdf
LOADING & UNLOADING (TO INCLUDE TRANSPORTATION OF LOAD BETWEEN LOADING AND UNLOADING) OF VEHICLE CONSTITUTES “USE” OF INSUR...
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Posted by Dev Sethi | Jul 11, 2024 |
The aftermath of a serious injury can be overwhelming. Medical bills pile up, and the path to recovery can seem long and uncertain. If your injury was caused by someone else's negligence, you may be considering legal action. Know this - Arizona law imposes a strict deadline for filing a personal ...
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Posted by Ted A. Schmidt | Jul 01, 2024 |
Carter v. BNSF Railway Co., No. 1 CA-CV 23-0164 (App. Div. I, June 25, 2024) (J.Cattani)) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2024/1%20CA-CV%2023-0164.pdf
LOCOMOTIVE PARKED ON SIDERAIL AWAITING REPAIRS IS NOT “IN USE” TO CREATE STRICT LIABILITY FOR INJURY AGAINST RAILWAY COMPANY...
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Posted by Ted A. Schmidt | Jul 01, 2024 |
Evidence: Admissibility of Personnel Record and Driving History of Defendant's Employee in Damages Only Trial
Roaf v. Stephen S. Rebuck Consulting, LLC, No. CV-23-0233-PR (June 25, 2024) (C.J. Brutinel) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2024/CV230233PR.pdf
WHERE DEFENDANT ...
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Posted by Peter Akmajian | Jul 01, 2024 |
Ted Schmidt, managing partner of Schmidt, Sethi & Akmajian, has been elected President of the State Bar of Arizona Board of Governors. Ted is a longtime Tucson resident and graduate from the University of Arizona liberal arts college and University of Arizona College of Law in 1977.
“It's an h...
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