Civil Procedure: Setting Aside Default Judgment— Rule 60 (c)(6) Meritorious Defense Gonzalez v. Nguyen, __Ariz. Adv. Rep. __ No. CV-17-0117-PR (April 12, 2018) (J. Bolick) DEFENDANT NEED NOT SUBMIT EVIDENCE OUTSIDE EXISTING RECORD TO ESTABLISH MERITORIOUS DEFENSE IN SUPPORT OF MOTION TO SET...
Liens: Validity of Hospital Lien for Balance Billing on AHCCCS Payments Against Tort Recovery Ansley v. Banner Health Network, __ Ariz. Adv. Rep. __ (App. Div. I, April 3, 2018) (J. Johnsen) HOSPITAL DOES NOT HAVE A LIEN AGAINST TORT RECOVERY FOR FULL VALUE OF SERVICES RENDERED WHERE IT AGREED ...
Matt Schmidt recently spoke to law students at the James E. Rogers College of Law at the University of Arizona. He shared helpful tips regarding networking and marketing in the legal profession. You can read through his presentation at the link below: Networking and Marketing
The National Collegiate Athletic Association and its member universities rake in billions of dollars a year from its sports programs. Their coaches bring in millions in salary. The student athletes who make this all possible, on the other hand, make barely enough to get through school. Many must ...
Torts—Recreational Use Immunity Statute—“Nominal” Fee and Gross Negligence/Pleading amp; Disclosure Obligations Allen v. Town of Prescott Valley, 786 Ariz. Adv. Rep. 10 (App. Div. I, March 13, 2018) (J. Johnsen) FEE OF $270 PER TEAM FOR SOFTBALL LEAGUE WAS “NOMINAL” UNDER RECREATIONAL USE STAT...
The Butler Law Firm, PLC v. Higgins, 785 Ariz. Adv. Rep. 20 (February 22, 2018) (J. Brutinel) WHERE CONTRACT TO PERFORM LEGAL SERVICES DID NOT REQUIRE THE SERVICES BE PERFORMED IN COUNTY WHERE PLAINTIFF WAS LOCATED AND WHERE DEFENDANT WAS AN LLC AND NOT A CORPORATION, DEFENDANTS WERE ENTITLED TO...
Doe v. Mahoney, 784 Ariz. Adv. Rep. 34 (App. Div. I, February 6, 2018) (J. Mc Murdie) UNLESS FALSE STATEMENTS IN AN ANYONOMOUS BLOG CHANGE THE “SUBSTANTIAL STING” OF OTHERWISE TRUTHFUL STATEMENTS THE FIRST AMENDMENT WILL PROTECT BLOGGERS ANONYMITY AND DEFEAT A DEFAMATION ACTION Plaintiff broug...
City of Tucson v. Sensibar, 784 Ariz. Adv. Rep. 17 (App. Div. II, February 5, 2018) (J. Eppich)WHERE STATUTORY BASIS FOR APPEAL EXISTS RULE 54 LANGUAGE UNNECESSARY TO RENDER JUDGMENT APPEALABLEThe defendant was found in violation of building codes in a hearing before the Tucson Municipal Court. D...
Peter Akmajian was recently interviewed on Arizona 360 to discuss Arizonas latest attempt to create a statewide ban on texting while driving. You can view the video below. Peters section begins at the 5:10 mark.
The college basketball scene here in Tucson has been a little chaotic. Unless you have been hanging out in your basement all week, you are now aware that ESPN recently reported having knowledge of an alleged FBI wiretap recording of a phone conversation between University of Arizona head coach S...
Knightbrook Ins. Co. v. Payless Car Rental, __Ariz. Adv. Rep.__ No. Cv-17-0156-CQ (February 8, 2018) (J. Lopez) ARIZONAS EQUITABLE INDEMNITY LAW DOES NOT ALLOW AN ACTION FOR RESTITUTION BASED UPON PAYMENT OF AN OBLIGATION THE PAYOR “JUSTIFIABLY BELIEVES” THE DEFENDANT IS PRIMARILY OBLIGATED TO ...
The City of Tucson recently put some bite into its already existing ban on texting while driving. As of February 1st, Tucson police were authorized to stop anyone they see using cell phones while driving. Before, police had to have another reason for the stop. Now, cell phone use alone justifi...
Arbitration: Signed Agreement to Arbitrate vs Rule Making Power Allstate Prop. amp; Cas. Ins. Co. v. Watts Water Technologies, Inc., __ Ariz. Adv. Rep. __, No1 CA CV 16-0500 (App. Div. I, February 6, 2018) (J. Gemmill) WHERE PARTIES SIGNED CONTRACT AGREEING TO ARBITRATE CLAIMS AND LATER AMENDE...
The trilogy—Daimler AG v. Bauman, S. Ct. (2014); BNSF Railway Co. V. Tyrell, 137 S. Ct. 1549 (2017) amp; Bristol-Meyers Squib Co. v. Superior Court, 137 S. Ct. 1773 (2017) Personal Jurisdiction over out of state corporation can be general or specific. General—defendants contacts with forum st...
Demaree v Pederson, No 14-16207 (9th Cir., January 23, 2018) (Per Curiam) NO QUALIFIED IMMUNITY FOR SOCIAL WORKERS WHO REMOVE CHILDREN FROM HOME WITHOUT WARRANT WHERE THERE IS NO IMMINENT HARM TO CHILDREN AT THE TIME TO JUSTIFY THE REMOVAL Child Protective Services removed plaintiffs children ...
Vanoss v. BHP Copper Inc., 782 Ariz. Adv. Rep. 21 (App. Div. II, January 8, 2018) (J. Ekerstrom) EMPLOYER IS NOT VICARIOUSLY LIABLE FOR INDEPENDENT CONTRACTORS NEGLIGENCE IN CAUSING DEATH OF INDEPENDENT CONTRACTORS EMPLOYEE/EXCLUDING EXPERT TESTIMONY DEPENDENT UPON VICARIOUS LIABILITY APPROPRI...
State v. Zeitner, 782 Ariz. Adv. Rep. 4 (App. Div. I, January 16, 2018) (J. Johnsen) Defendant was convicted of defrauding the Arizona Health Care Cost Containment System (AHCCCS) by lying to a physician to obtain coverage for an abortion. She objected attempted to assert the physician patient...
Jackson v. Eagle KMC LLC, 782 Ariz. Adv. Rep. 7 (App. Div. I, January 16, 2018) (J. Orozco)NATURE AND EXTENT OF WORKERS COMP LIEN SUBROGATION AND ASSIGNMENT RIGHTS IN THIRD PARTY ACTION DETERMINED BY LAW WHERE COMP BENEFITS ARE PAID. Plaintiff, a South Carolina resident, was employed as a truck ...
Matt Schmidt recently spoke to law students at the James E. Rogers College of Law at the University of Arizona. He offered his advice to help out law students with their school life and time management when they become attorneys. You can read through his presentation at the link below: Managing...
In Levine v. Haralson, Miller, Pitt, Feldman amp; McAnally, No. 1 CA-CV 16-0590 (January 25, 2018), the Arizona Court of Appeals addressed a contingent fee claim by an attorney. The attorney at one time had represented the plaintiff. Plaintiff and the attorney had a falling out, and the Plaint...
I have forced myself to listen to the testimony of dozens of women -- some as young as 14 and some superstars like Aly Raisman and McKayla Maroney -- as part of Larry Nassars sentencing hearing. For many years, Nassar was central to USA Gymnastics and Michigan State University, where he served ...
Our January 2018 Newsletter has been released! We discuss the following topics: Religion in the Courtroom Clients amp; Lawyers - Rights amp; Obligations The Costs amp; Benefits of a Structured Settlement Injured on the Job Click here to read through all of it and find out the latest ...
Torts—Wrongful Conduct Rule Muscat v. Creative Innervisions LLC, 781 Ariz. Adv. Rep. 4 (App. Div. I, December 26, 2017) (J. Brown) WRONGFUL CONDUCT RULE ADOPTED IN ARIZONA: HARMS ARISING SOLELY FROM CONSEQUENCES OF PLAINTIFFS OWN CRIMINAL CONDUCT DO NOT CONSTITUTE LEGALLY COGNIZABLE INJURIES T...
Though the evaluation of every case is unique, three primary elements come into play in almost every single one. In Part I of this series, I discussed the first element: liability. To have a case, the wrongdoers actions have to be considered unreasonable and unacceptable by society and law. If l...
Richardson v. All Services ULTD, Inc., __Az Adv. Rep. __No. 1 CA-CV 15-0642 (App. Div. I, December 14, 2017) (J. Howe) PLAINTIFFS MISTAKEN BELIEF AS TO PROPER PARTY RESPONSIBLE FOR INJURY CONSTITUTES MISTAKE AS TO IDENTITY OF PROPER PARTY UNDER ARIZ R CIV PRO 15(c)(2)/ AMENDING COMPLAINT ADDI...