Posted by Ted A. Schmidt | Sep 20, 2023 |
North Shore Condominium Ass'n v. Wan-Tsing Kwang, No. 1 CA-CV 22-0641 (App. Div. I, September 14, 2023) (J. Campbell) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/CV%2022-0641%20North%20Shore%20OP.pdfARBITRATION AWARD ADDING FEES AND COSTS TO AMOUNT AWARDED IN “NOTICE OF DECISION” I...
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Posted by Ted A. Schmidt | Sep 20, 2023 |
Cocchia v. Testa, No. 1 CA-CV 22-0571 (App. Div. I, September 12, 2023) (J. Catlett) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/CV%2022-0571%20Cocchia.pdf
DEFENDANT CAN RAISE LACK OF PERSONAL JURISDICTION IN STATE WHERE JUDGMENT IS OBTAINED OR IN THE STATE WHERE ENFORCEMENT OF THE...
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Posted by Ted A. Schmidt | Sep 13, 2023 |
Campion v. City of Tucson, No. 2 CA-CV 2022-0046 (App. Div. II, September 11, 2023) (J. Eppich) https://www.appeals2.az.gov/decisions/CV20220046Opinion.pdf
A.R.S. § 12-820.03(A) GIVES TRIAL COURT DISCRETION TO BIFURCATE LIABILITY AND DAMAGE ISSUES FROM THE APPLICABILITY OF A GOVERNMENTAL IMMUNIT...
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Posted by Dev Sethi | Sep 11, 2023 |
Tucson will host the world renowned El Tour de Tucson on November 18, 2023. This annual race is in its 40th year and welcomes over 7,500 riders in distances from 102 miles to a family fun ride of 1 mile.
With the El Tour de Tucson drawing near, our streets are buzzing with an increasing number o...
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Posted by Matt Schmidt | Sep 11, 2023 |
This blog will be updated monthly to highlight legal knowledge that is beneficial for all of us to know and use when common situations arise in our everyday lives.
Insurance
*Homeowners insurance does not just protect you in the event that your home and/or personal property are damaged. It also...
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Posted by Ted A. Schmidt | Aug 17, 2023 |
Sowards v. Sowards, No.CV-22-0065-PR (August 17, 2023) (J. Montgomery) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2023/CV220065PR.pdf
PI SETTLEMENT THAT DOES NOT ADDRESS DIVISION OF FUNDS NOR RIGHTS OF HUSBAND AND WIFE IN DISSOLUTION OF THEIR MARRIAGE NOT A VALID PROPERTY SETTLEMENT...
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Posted by Ted A. Schmidt | Aug 17, 2023 |
State Farm Auto. Ins. Co. v. Orlando, No. 1 CA-CV 22-0447 (App. Div. I, August 15, 2023) (J. Morse) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/1%20CA-CV%2022-0447%20STATE%20FARM%20v.%20ORLANDO.pdf
ARIZONA'S UIM STATUTE DOES NOT ALLOW INSURER TO EXCLUDE COVERAGE FOR OFF-ROAD ACCIDE...
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Posted by Ted A. Schmidt | Aug 17, 2023 |
Morales v. Coffey, No. 1 CA-SA 23-0040 (App. Div. I, August 10, 2023) (J. Perkins) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/1%20CA-SA%2023-0040%20Morales%20v.%20Coffee.pdf
IN HIGHWAY DESIGN CASE AGAINST GOVERNMENT, A.R.S. § 12-820.03(B) REQUIRING TRIAL COURT TO BIFURCATE ISSUES...
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Posted by Peter Akmajian | Aug 02, 2023 |
As recently reported in the New York Times, dozens of people have lost limbs after undergoing arterial procedures ironically called “leg saver” procedures. https://www.nytimes.com/2023/07/15/health/atherectomy-peripheral-artery-disease.html
This article highlights how medical device manufacturer...
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Posted by Ted A. Schmidt | Aug 02, 2023 |
Quinn v. Cardenas, No. 1 CA-CV 22-0398 (App. Div. I, August 1, 2023) (J.Catlett) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/1%20CA-CV%2022-0398%20Quinn.pdf
WHERE ESSENTIAL FACTS SUPPORTING FEDERAL COURT SUMMARY JUDGMENT ARE ESSENTIAL TO PROVING STATE COURT CLAIMS, DOCTRINE OF ISSU...
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Posted by Ted A. Schmidt | Aug 02, 2023 |
State v. Clay, No. 1 CA-CR 22-0571(App. Div. I, August 1, 2023) (J. Kiley) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/1%20CA-CR%2022-0571%20State%20v.%20Clay%20OP.pdf
RESTITUTION PAYMENTS MAY BE ORDERED TO BE PAID TO “ANY PERSON” WHO SUFFERS ECONOMIC LOSS CAUSED BY DEFENDANT INCLU...
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Posted by Ted A. Schmidt | Jul 28, 2023 |
Postscript:Our friend, Greg Gadarian, points out that the policy at issue in Columbus Life Insurance Co. originated in 2003. In 2008, Arizona added ARS. Sec 20-443.02. That section states:
A. Intentionally practicing or planning to initiate a life insurance policy for the benefit of a person or...
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Posted by Ted A. Schmidt | Jul 26, 2023 |
Wallace v. Smith, No. CV-22-0143-SA (July 25, 2023) (J. Brutinel) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2023/CV220143SA.pdf
ARCAP 7(A)(4)(A) REQUIRING SUPERSEDEAS BOND BE CALCULATED TO INCLUDE “DAMAGES, COSTS, ATTORNEYS' FEES AND PREJUDGMENT INTEREST” CONTROLS OVER A.R.S. § 12-...
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Posted by Ted A. Schmidt | Jul 26, 2023 |
Herbal Brands, Inc. v. Photoplaza, Inc., No. 21-17001 (9th Cir., July 5, 2023)(J. Graber) https://cdn.ca9.uscourts.gov/datastore/opinions/2023/07/05/21-17001.pdf
SALE OF PRODUCT IN REGULAR COURSE OF BUSINESS VIA INTERACTIVE WEBSITE AND DELIVERY OF PRODUCT IN FORUM CREATES PERSONAL JURISDICTION
...
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Posted by Ted A. Schmidt | Jul 25, 2023 |
Davis v. Cranefield Aerospace Solutions Ltd, No. 22-35099 (9th Cir. June 23, 2023) (J.Bumatay) https://cdn.ca9.uscourts.gov/datastore/opinions/2023/06/23/22-35099.pdf
TWO VISITS TO FORUM STATE AND A CONTRACTUAL RELATIONSHIP WITH A RESIDENT OF FORUM STATE DOES NOT CREATE NECESSARY “MINIMUM CONTAC...
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Posted by Ted A. Schmidt | Jul 21, 2023 |
State v. Jimenez, No. 2 CA-CR 2022-0062 (App. Div. II, July 13, 2023) (J. Eckerstrom) https://www.appeals2.az.gov/decisions/CR20220062memo.pdf
TRIAL COURT IS GIVEN GREAT DEFFERNCE IN DECIDING MOTIONS TO STRIKE FOR CAUSE AND ON CLOSE QUESTIONS THE APPELLATE COURT SHOULD DEFER
Defendant was convi...
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Posted by Ted A. Schmidt | Jul 18, 2023 |
Doe v. Roman Catholic Church, No. 1 CA-CV 22-0143 (App. Div. I, June 29, 2023) (J.Cruz) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/1%20CA-CV%2022-0143%20-%20Doe%20v.%20Roman%20Catholic%20Church%20et%20al.%20Final%20OP.pdf
TIMELY APPEAL AGAINST ONE DEFENDANT DOES NOT RENDER OTHERW...
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Posted by Dev Sethi | Jul 14, 2023 |
One of our best resources is the network of partners we develop to assist our clients. Today's blog comes from a professional and creative private investigator we work with to preserve evidence, investigate leads, and track down information. Steve Mason from Mason Investigative Solutions shares s...
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Posted by Dev Sethi | Jun 15, 2023 |
Mediation is a powerful tool that allows parties involved in a legal dispute to seek a resolution outside of the courtroom. As a client preparing for mediation, it's essential to approach the process strategically and with careful consideration.
Understand the Mediation Process: Before enteri...
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Posted by Ted A. Schmidt | Jun 06, 2023 |
Chevron North America is recalling its EGO Power Brushless Hedge Trimmer (Model HT2410) and instructing consumers to discontinue use of the trimmer immediately. The potentially defective and dangerous product should be returned.
There have been 34 incidents of the trimmer turning itself on unexp...
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Posted by Dev Sethi | May 19, 2023 |
Peloton, a leading name in the home fitness industry, has gained popularity for its interactive workout experience.
On May 11, 2023, the company announced a recall effecting 2.2 million bikes. This voluntary recall applies to Peloton original bike sold in the United States between 2018 and 2022....
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Posted by Dev Sethi | May 17, 2023 |
Picture this: you're cruising down the streets of Arizona, minding your own business, when suddenly a car making a left turn collides with your vehicle. Left turn accidents are all too common on our roads, but who bears the responsibility in such cases? Let's delve into the Arizona Revised Statut...
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Posted by Ted A. Schmidt | May 10, 2023 |
Kelly v. Blanchard, No. 1 CA-SA 23-0021 (App. Div. I, April 27, 2023) (J. Catlett) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2023/1%20CA-SA%2023-0021%20Kelly%20v.%20Hon.%20Blanchard.pdf
Ariz. R. Civ. P. 35(d)(2)(B) REQUIRING PARTY WHO REQUESTS INDEPENDENT MEDICAL EXAMINATION TO PRODUC...
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Posted by Ted A. Schmidt | May 09, 2023 |
Laurence v. Salt River Project Agricultural Improvement & Power District, No. CV-21-0292-PR (April 28, 2023) (J. Timmer) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2023/CV210292PR.pdf
WHERE TORT CLAIM AGAINST EMPLOYEE IS DISMISSED FOR REASONS UNRELATED TO MERITS OF CASE RESPONDEAT ...
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Posted by Peter Akmajian | May 04, 2023 |
A Philadelphia jury last week handed down the largest medical malpractice verdict in the history of Pennsylvania--$182.7 million to a five-year old boy born with cerebral palsy and his mother, against the Hospital of the University of Pennsylvania. See https://pennrecord.com/stories/641916402-ph...
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