Posted by Ted A. Schmidt | Aug 20, 2026 |
Juergensmeyer v. Hickman's Egg Ranch Inc., Nos. 1 CA-CV25-0462, CA-CV 25-0586 (App. Div. I, August 18, 2026) (J. Weinzweig) https://coa1.azcourts.gov/LinkClick.aspx?fileticket=-jtnWmAZZGo%3D&portalid=1
ARBITRATION CLAUSE IN STANDARIZED AGREEMENT ENFORCEABLE & NOT PROCEDURALLY UNCONSCIONABLE WHEN...
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Posted by Ted A. Schmidt | Aug 17, 2026 |
Rodriguez-Ramirez v. State, No. CR-25-0157-PR (August 12, 2026) (J. Beene) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2026/CR250157PR.pdf?ver=MLf6c6HI3dfJCYMrboNZQw%3d%3d
COMMUNICATION BETWEEN PASTOR AND CO-PASTOR DOES NOT QUALIFY AS A PENITENT/CLERGY PRIVILEGE (A.R.S. § 13-4062) C...
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Posted by Ted A. Schmidt | Aug 07, 2026 |
Samaras v. Samaras, No. 1 CA-CV 25-0611 PB (App. Div. I, July 29, 2026) (J. Foster) https://coa1.azcourts.gov/Portals/1/OpinionFiles/Div1/2026/Samaras%20v.%20Samaras%20-%20Final%20for%20posting.pdf?ver=OSm-L4zL9ca1A--nE2KNuA%3D%3D
IN DETERMINING TESTAMENTARY CAPACITY TO EXECUTE A WILL COURT MU...
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Posted by Ted A. Schmidt | Aug 07, 2026 |
Enrichi-Roppe v. Sanchez, No. 2 CA-SA 2026-0048 (App. Div. II, July 30, 2026) (J. Sklar) https://www.appeals2.az.gov/decisions/SA20260048Opinion.pdf
LITIGANT DESIGNATED “VEXATIOUS” BY COURT IS ENTITLED TO INVOKE RULE 42.1 PEREMPTORY NOTICE OF CHANGE OF JUDGE AGAINST THE PRESIDING JUDGE
Plainti...
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Posted by Ted A. Schmidt | Aug 05, 2026 |
Doe v. The Corp. of the President of the Church of Jesus Christ of Latter-Day Saints, No. 2-CA-CV 230293 (July 30, 2026) (VCJ Lopez) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2026/Opinion%20-%20CV-25-0213.pdf?ver=R13aYAM3jtcD4bk_lhSGSw%3d%3d
FIRST AMENDMENT PROHIBITS FACTFINDERS (E...
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Posted by Ted A. Schmidt | Aug 05, 2026 |
Gallery Community Ass'n v. K. Hovnanian At Gallery, LLC, No. CV-24-0252-PR (July 29, 2026) (J. Montgomery) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2026/CV240252PR%20Filed.pdf?ver=rgenY5L0I5q0nq5fXlCFPA%3d%3d
HOA AUTHORIZED TO BRING IMPLIED WARRANTY OF WORKMANSHIP CONSTRUCTION DEF...
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Posted by Ted A. Schmidt | Aug 05, 2026 |
State v. Aguirre, No. 1 CA-SA 26-0176 (App. Div. I, July 28, 2026) (J. Gaona) https://coa1.azcourts.gov/Portals/1/OpinionFiles/Div1/2026/State%20v%20Aguirre%20-%201%20CA-SA%2026-0176.pdf?ver=9ETzlo9vZL51-oDL5gXM3g%3D%3D
A LAWSUIT FOR DAMAGES AGAINST STATE FOR ERRONEOUS CONVICTION OF A CRIME NEED...
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Posted by Ted A. Schmidt | Aug 05, 2026 |
McMahan v. Grasshopper, No. CV-25-0287-PR (July 30, 2026) (C.J. Timmer) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2026/McMahan%20v%20Grasshopper%20CV-25-0287%20%20Opinion.pdf?ver=CE1_1rEiYuipcYIIXfLRGg%3d%3d
INEFFECTIVE SERVICE OF PROCESS NOT WAIVED BY DEFENDANT'S ANSWER TO COMPLAI...
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Posted by Ted A. Schmidt | Jul 21, 2026 |
Gelvin v. Parker, No. CV-25—0116-PR (July 17, 2026) (J. Bolick) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2026/CV250116PR.pdf?ver=41ghJuXBdRxoAaoXOJW6dw%3d%3d
ATTORNEY/CLIENT PRIVILEGE APPLIES WHEN 3RD PARTY IS PRESENT DURING COMMUNICATION ONLY WHEN 3RD PERSON'S INVOLVEMENT IS OBJE...
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Posted by Ted A. Schmidt | Jul 10, 2026 |
DMB REALCO, LLC v. Mariscal, Weeks, McIntyre& Friedlander, P.A., No. 1 CA-CV 24-0278 (App., Div. I, July 8, 2026) (J.Catlett)https://coa1.azcourts.gov/Portals/1/OpinionFiles/Div1/2026/CV%2024-0278%20DMB%20Realco.pdf?ver=7kopdcdoiiEKJ6cTZGtzDw%3D%3D
LEGAL MALPRACTICE CLAIM MUST COMMENCE WITHIN 2 ...
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Posted by Ted A. Schmidt | Jul 09, 2026 |
Maywald v. Toyota Motor Corp., No. CV-25-0009-PR (July 7, 2026) (J. Beene)https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2026/CV250009PR.pdf?ver=-DHMOy60U_mvlq9EoXdIxw%3d%3d
ABSENCE OF LANE DEPARTURE WARNING SYSTEM IN AUTO DOES NOT EXCUSE DRIVER FROM DRIVING UNSAFELY AND DOES NOT RENDER...
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Posted by Ted A. Schmidt | Jul 06, 2026 |
Stith v. Bella Vita Health & Rehab. Centr., 1CA-CV 24-0484 (App. Div. I, July 6, 2026) (J. Morse)https://coa1.azcourts.gov/LinkClick.aspx?fileticket=nwb65c1VuhQ%3D&portalid=1
RULE 50 (a) MOTION FOR JUDGMENT AS A MATTTER OF LAW IS REVIEWABLE ON APPEAL IF RULE 50(b) MOTION IS ALSO MADE AT CLOSE OF...
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Posted by Ted A. Schmidt | Jul 06, 2026 |
State Farm Mut. Auto. Ins. Co. v. Balzan, No. CV-24-0140-PR (July 6, 2026) (J.Cruz) CV240140PR.pdf
MULTIPLE INSURED INDIVIDUALS WHO JOINTLY PURCHASE AUTO INSURANCE AS NAMED INSURED ARE ONE INSURED FOR PURPOSES OF STACKING UIM COVERAGE
Connor Balzan lives with his parents. He has a seperate au...
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Posted by Peter Akmajian | Jul 01, 2026 |
The American Law Institute (ALI) recently approved a new “Restatement of the Law” on Medical Malpractice, which is part of the Restatement (Third) of Torts.
First off, what is the ALI and what is a Restatement? The ALI is an organization of legal experts—according to its website, “eminent judges...
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Posted by Ted A. Schmidt | Jun 25, 2026 |
Houston v. Penzone, No. 1 CA-CV 25-0511 (App. Div. I, June 25, 2026) (J. Gaona) https://coa1.azcourts.gov/Portals/1/OpinionFiles/Div1/2026/1%20CA-CV%2025-0511%20Houston%20v.%20Penzone.pdf?ver=u4-IDX9YzrHmETmKlmGt4A%3D%3D
TORT OF FALSE LIGHT REQUIRES PROOF OF PLAINTIFF-SPECIFIC FACTS AND ABSENCE ...
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Posted by Ted A. Schmidt | Jun 25, 2026 |
Monsanto Co. v. Durnell No. 24-1068 (June 25, 2026) (J.Kavanaugh) https://www.supremecourt.gov/opinions/25pdf/24-1068_n7ip.pdf
FEDERAL INSECTICIDE, FUNGICIDE & RODENTICIDE ACT PREEMPTS STATE “FAILURE TO WARN” OF CANCER RISK CLAIMS
Monsanto developed, manufactured and sold a herbicide known as...
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Posted by Ted A. Schmidt | Jun 22, 2026 |
Keathley v. Buddy Ayers Const., Inc., 608 U. S. ___ (2026) (J. Brown)
https://www.supremecourt.gov/opinions/25pdf/25-6_d1o2.pdf
PLAINTIFF'S FAILURE TO DISCLOSE PERSONAL INJURY CLAIM IN BANKRUPTCY COURT REQUIRES CONSIDERATION OF TOTALITY OF CIRCUMSTANCES BEFORE JUDICIAL ESTOPPEL MAY BAR THE PERS...
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Posted by Dev Sethi | May 28, 2026 |
SuperLawyers has included me in my practice areas of plaintiff's personal injury, medical malpractice, and products liability. This is the organization's 20th anniversary, and I am proud to be featured in its special Anniversary Edition magazine. I enjoyed sharing why I do what I do and talking a...
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Posted by Ted A. Schmidt | May 19, 2026 |
Simms v. Arizona Racing Comm'n, No. CV-25-0079-PR (May 14, 2026) (V.C.J. Lopez) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2026/CV250079PR.pdf?ver=iCQfpN7dbQW6RHbWJSLjtw%3d%3d
“SUBSTANTIAL EVIDENCE REVIEW” REMAINS AS STANDARD OF REVIEW FOR SUPERIOR COURT REVIEWING AGENCY ACTIONS DES...
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Posted by Ted A. Schmidt | May 14, 2026 |
Terborg v. Town of Payson, No. 2 CA -CV 2025-0080 (App. Div. II, November 5, 2025) (J. Eckerstrom) https://www.appeals2.az.gov/decisions/CV20250080OpinionCorrreleased.pdf
WHERE NOTICE OF CLAIM DEMANDED “ONE HUNDRED THOUSAND DOLLARS ($250,000)” A.R.S. § 12-821.01(A) IS SATISFIED AS WRITTEN WORD C...
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Posted by Ted A. Schmidt | Apr 29, 2026 |
Nunez v. Valente< No. 1 X-a 25-0214 (App. Div. I, April 24, 2026) (J. Jacobs) https://coa1.azcourts.gov/Portals/1/OpinionFiles/Div1/2026/No.%201%20CA-SA%2025-0214%20Nunez%20v.%20Valente.pdf?ver=N1N4CjDLqalZ5yF63xHVwg%3D%3D
PARTY SHOULD BE PERMITTED TO WITHDRAW ADMISSIONS DEEMED ADMITTED FOR FAIL...
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Posted by Ted A. Schmidt | Apr 28, 2026 |
City of Chandler v. Roosevelt Water Conserv. Dist., No. CV-24-0267-PR (April 28, 2026) (J. Montgomery) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2026/CV240267-PR.pdf?ver=4DTJ00_aCYU8mSJcPYy6hA%3d%3d
COMMON LAW DOCTRINE OF NULLUM TEMPUS (TIME DOES NOT RUN AGAINST THE KING) RENDERS 1...
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Posted by Peter Akmajian | Apr 20, 2026 |
A surgeon in Florida has been charged with second-degree manslaughter because he removed a patient's liver instead of the spleen, which was the intention of the surgery, killing the patient on the operating table. https://www.nytimes.com/2026/04/14/us/florida-surgeon-manslaughter-organ-removal.ht...
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Posted by Dev Sethi | Apr 14, 2026 |
Last week I had the opportunity to welcome newly admitted students to the University of Arizona Rogers College of Law. It was Admitted Students' Weekend, and the school put on a great reception at the historic Pima County Courthouse. Excited pre-1L students and their families mingled with faculty...
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Posted by Dev Sethi | Jan 21, 2026 |
One of the most common questions clients ask during a personal injury case is: “Why are you so focused on my social media?” After all, social media is how we stay connected to friends and family. It feels personal and casual at the same time.
In a lawsuit, it's none of those things.
Once you br...
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