Schmidt, Sethi & Akmajian Blog

Restitution: Az Does Not Follow Restatement § 78

Posted by Ted A. Schmidt | Mar 01, 2018 | 0 Comments

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 ...

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1983 Claim: Qualified Immunity of Social Worker

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

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 ...

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Choice of Law: Workers Compensation Subrogation Rights

Posted by Ted A. Schmidt | Feb 08, 2018 | 0 Comments

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 ...

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How to Manage Your Caseload and Your Time

Posted by Matt Schmidt | Feb 08, 2018 | 0 Comments

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...

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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...

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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 ...

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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...

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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...

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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...

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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 ...

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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...

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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 ...

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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...

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