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Newsletter January 2018

Posted by Matt Schmidt | Jan 12, 2018 | 0 Comments

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 ...

Wrongful Conduct Rule Adopted in Arizona

Posted by Ted A. Schmidt | Jan 12, 2018 | 0 Comments

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...

Torts: Qualified Immunity re Failure to Arrest

Posted by Ted A. Schmidt | Dec 21, 2017 | 0 Comments

Noriega v. Town of Miami, 776 Ariz. Adv. Rep. 24 (App. Div. II, October 26, 2017) (J. Vasquez)WHILE POLICE HAVE QUALIFIED IMMUNITY FOR FAILING TO ARREST SOMEONE WHERE POLICE KNOW OF THREAT TO HARM A SPECIFIC INDIVIDUAL AND STATE TO THAT POTENTIAL VICTIM THAT THEY CAN ARREST THE PERPETRATOR A SPEC...

Torts: Negligent Use of Force by Police Officer

Posted by Ted A. Schmidt | Dec 21, 2017 | 0 Comments

McDonald v. Napier, 776 Ariz. Adv. Rep. 7 (App. Div. II, October 18, 2017) (J. Eckerstrom) NEGLIGENCE IN DECISION MAKING TO ULTIMATELY INTENTIONALLY RELEASE A POLICE DOG RESULTING IN INJURY TO PLAINTIFF DOES NOT REQUIRE THE CLAIM BE BROUGHT AS AN INTENTIONAL TORT OF BATTERY AND THE DEFENSE OF JU...

Dangerous Product: Crib and Toddler Mattress Recall

Posted by Matt Schmidt | Dec 18, 2017 | 0 Comments

23,400 crib and toddler mattresses by Dream On Me have been recalled according to Consumer Reports. The beds failed to meet federal flammability standards and were sold on Amazon.com, Kohls.com, ToyRUs.com, Walmart.com, and Wayfair.com from January 2016 through December 2016.  To read more about...

State of the State Courts Survey Analysis Results

Posted by Matt Schmidt | Dec 07, 2017 | 0 Comments

The National Center for State Courts (NCSC) contracted with GBA Strategies to conduct a comprehensive public opinion survey of 1,000 registered voters in order to gauge current levels of public trust and confidence in the state courts.   Here are some of the most surprising findings:  Nearly ...

URGING SHERIFF TO ISSUE CITATIONS AND A PROSECUTOR TO PROSECUTE THOSE CITATIONS FOR A LEGITIMATE PURPOSE DOES NOT CONSTITUTE ABUSE OF PROCESS

Posted by Ted A. Schmidt | Dec 03, 2017 | 0 Comments

Torts: Abuse of Process Fappani v. Bratton, 778 Ariz. Adv. Rep. 8 (App. Div. I, November 16,  2017) (J. Brown) Plaintiff built a private dirt motorbike track on his property for use by his children. Defendant successfully urged the Maricopa County Sheriff to issue two citations for excessive no...

Default Judgements; Jurisdiction

Posted by Ted A. Schmidt | Nov 29, 2017 | 0 Comments

Civil Procedure/Constitutional Law—Personal  Jurisdiction Smith amp; Wesson Corp. v. The Wuster, __Ariz. Adv. Rep. __ No. 1CA-CV 160378 (App. Div. I, November 21, 2017) (J. Thumma) A DEFAULT JUDGMENT IS VOID IF NOT SUPPORTED BY WELL-PLED FACTS WHERE DEFENDANT ESTABLISHES IN UNTIMELY MOTION TO ...

SSA Represents Child Victims of Sexual Assault

Posted by Dev Sethi | Nov 29, 2017 | 0 Comments

Dev Sethi represents two young girls, aged 12, who were sexually assaulted by a 70 year old Sierra Vista School District bus driver.  That driver has now plead no contest to criminal charges related to his interactions with these girls.  This case was recently profiled on KVOA News 4 by Matthew S...

TORTS: MEDICAL MALPRACTICE EXPERT QUALIFICATIONS

Posted by Ted A. Schmidt | Oct 30, 2017 | 0 Comments

Razor v. Northwest Hospital, LLC, ___Az Adv. Rep. ___ No. CV-16-0134-PR (October 18, 2017) (J. Bollick) DEFENDANT IN MED MAL CASE MAY MOVE FOR SUMMARY JUDGMENT BASED UPON DEFICIENCIES IN PLAINTIFFS EXPERT QUALIFICATIONS UNDER ARS 12-2603 WITHOUT FIRST CHALLENGING THE EXPERTS AFFIDAVIT UNDER AR...

Las Vegas Shootings Raise Security Questions.

Posted by Dev Sethi | Oct 23, 2017 | 0 Comments

Las Vegas casinos boast about having the most sophisticated surveillance and security systems in the world. Look up from any casino floor to see that the black domed security cameras are everywhere. So with so many eyes in the sky supposedly watching, why did we have the catastrophic security fai...

The Legalities of Kneeling in the NFL

Posted by Matt Schmidt | Oct 20, 2017 | 0 Comments

For the record, this article is not motivated in any way to take a specific moral or political stance on what have been  extremely controversial issues. The intent is to  clarify what the law is in a social media atmosphere that has made it hard to understand.  A lot has been stated regarding wha...

Schmidt, Sethi & Akmajian Fall 2017 Newsletter

Posted by Matt Schmidt | Oct 02, 2017 | 0 Comments

The Schmidt, Sethi amp; Akmajian Fall 2017 Newsletter is here! We welcome our new attorney Peter Akmajian as he helps formulate our new firm. We discuss his impressive background along with:  Your rights when it comes to being injured by a government worker Law Enforcement Liability and Sect...

A New Arizona Law Firm

Posted by Dev Sethi | Sep 25, 2017 | 0 Comments

We are proud to announce the formation of Schmidt, Sethi & Akmajian, a new Arizona law firm.  We welcome Peter Akmajian, and are happy to share our news with you. 

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Schmidt, Sethi & Akmajian

Schmidt, Sethi & Akmajian is one of the most experienced, successful personal injury law firms in the Tucson area. Established in 1995, our firm has a long history of success, as seen in our many victories.

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