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…
Continue Reading Restitution to Person Not Victim or Immediate Family
Schmidt, Sethi & Akmajian Blog
Latest from Schmidt, Sethi & Akmajian Blog - Page 3
Issue Preclusion Applied in State Court Based Upon Federal Judgment
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…
Continue Reading Issue Preclusion Applied in State Court Based Upon Federal Judgment
Insurance: Life Insurance Contestability for Lack of Insurable Interest After Expiration of Contestability Period
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…
Continue Reading Insurance: Life Insurance Contestability for Lack of Insurable Interest After Expiration of Contestability Period
Personal Specific Jurisdiction
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
…
Continue Reading Personal Specific Jurisdiction
Arizona Rules of Appellate Procedure Trumps Statute on How to Compute Supersedeas Bond
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-…
Continue Reading Arizona Rules of Appellate Procedure Trumps Statute on How to Compute Supersedeas Bond
Specific Personal Jurisdiction
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…
Continue Reading Specific Personal Jurisdiction
Selection: Grounds for Strike for Cause
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…
Continue Reading Selection: Grounds for Strike for Cause
Timeliness of Appeal from Rule 54(b) Judgment/Vicarious Liability of Diocese for a Acts of Priest
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…
Continue Reading Timeliness of Appeal from Rule 54(b) Judgment/Vicarious Liability of Diocese for a Acts of Priest
Public Record Fees Increase – SB1148
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…
Continue Reading Public Record Fees Increase – SB1148
Navigating Mediation: How to Prepare for a Successful Resolution
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…
Continue Reading Navigating Mediation: How to Prepare for a Successful Resolution
Some EGO Power Hedge Trimmers Have Mind of Their Own
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…
Continue Reading Some EGO Power Hedge Trimmers Have Mind of Their Own
Peloton Recalls 2.2 Million Bike Seats – How to Get Yours Fixed
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….
Continue Reading Peloton Recalls 2.2 Million Bike Seats – How to Get Yours Fixed
Left Turn Accidents and Liability in Arizona – Who's at Fault
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…
Continue Reading Left Turn Accidents and Liability in Arizona – Who's at Fault
Civil Procedure: Obligation to Produce “Like Reports” of IME Physician or Psychologist
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…
Continue Reading Civil Procedure: Obligation to Produce “Like Reports” of IME Physician or Psychologist
Torts—Respondeat Superior Against Employer Where Employee Dismissed with Prejudice
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 …
Continue Reading Torts—Respondeat Superior Against Employer Where Employee Dismissed with Prejudice
Governmental Liability: Notice of Claim
Placing deadline for acceptance of settlement demand in notice of claim that is less than 60 days does not invalidate notice
Continue Reading Governmental Liability: Notice of Claim