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David J Don

David Don’s Answers

49 total


  • Hi, What's a "Signed unfiled copy of dismissal?"

    I took a company to court for a small personal injury. They wanted to settle out of court, and I agreed. We reached a settlement. Now, they don't want to send me a check until I send them" Signed unfiled copy of dismissal". Is this legal and prope...

    David’s Answer

    A negotiated settlement typically involves both sides in the negotiations to exchange items of value. Here, the company is paying you money; you are providing value by releasing them from further litigation with a notice of dismissal. The timing of when each side exchanges items of value is open to negotiations. The company is asking for a simultaneous exchange of value, rather than one side going first. The arrangement is typical. Good luck.

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  • Can you pursue a civil case against a police department if you plead to passive resistance from a felony resisting arrest in az

    I was beat up by the police and charged with resisting arrest cause they had nothing on me but a ticket for littering not loitering yes littering I singed an open plea for probation I hv video of the lies the officers put in reports

    David’s Answer

    Generally, a criminal conviction limits the types of civil rights cases that you may bring. You need to look at the legal elements of the criminal conviction. If the civil rights claim requires you to prove one of the legal elements of the crime, the civil rights would not be permitted. In other words, you cannot use a civil right's claim that would contradict a previous criminal conviction. Of course these are just general principles, you need to consult with someone about the facts of your case to see whether they apply.

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  • Is there any legal action that can be taken against a police department for a pursuit that ended with death?

    My brother died in a crash while being pursued by Chicago police.

    David’s Answer

    Yes, but these are legally and factually complex cases. You may have remedies under Illinois law or federal constitutional law or both. You really ought contact a Chicago area lawyer. This firm has a good national reputation: http://www.loevy.com

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  • IF Defendent resides in AZ, has civil case in AZ, can defendent site a Case from another state in Oppostion Summary judgement?

    There is a case from another state, not AZ, that is very similar to mine, in that case the defendant won. So I would like to site case in opposion of summary judgement.

    David’s Answer

    Yes. While judges likely will not be bound to follow cases from foreign jurisdictions, they may review them and find their reasoning persuasive.

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  • What is "Cross motion for summary judgement"?

    Looking at options in a civil case

    David’s Answer

    Juries decide facts. Judges decide law. If the parties agree on the important facts, a jury is not needed. The judge can apply the facts to the law and reach a quick, direct-- hence, summary-- judgment. A motion is a party's written request for a judge to take action. A cross motion means that both parties are asking the judge to decide the same issue in their favor. Frequently, a cross motion for summary judgment is brought when the parties largely agree on facts but disagree on the correct statement of law or which facts are relevant for the judge to apply.

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  • My question is about medical issue Can i sue a doctor for his mistake in a surgury ?

    A doctor did a surgury for my mom in her neck and then after a month from the surgury date he called her again to re do the same surgury saying that tow of the screws he put in her neck had fall off although my mom is an old lady 73 year old disab...

    David’s Answer

    Not all poor results are the result of medical malpractice. Sometimes patients get poor results despite the doctor acting appropriately. To have a medical malpractice case, you will need to show that the doctor fell below the standard of care and caused an injury. I'm not sure from your post what you believe the doctor did incorrectly.

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  • What can we do about a wrongful death lawsuit? Any help knowledge or referrals greatly appreciated!

    RAYMOND WAS KILLED ON AUGUST 21ST, 2013 BY A HANDFUL OF PHOENIX POLICE OFFICERS ON A MISSION. SPECIAL ASSIGNMENTS TASK FORCE WAS MISLEAD BY A PACK OF LIES, TOLD BY A VENGEFUL EX-GIRLFRIEND. WHEN ALL WAS SAID AND DONE RAYMOND DIED IN A HAIL OF...

    David’s Answer

    Generally, the use of deadly force by police officers against a non-violent person is unconstitutional, and, if proven, could be the basis for a successful civil rights claim. But these are difficult cases. The law protects police officers in many ways from civil suits. It's also often difficult to establish plaintiff's version of exactly what happened unless there's videotape, credible eyewitnesses, or clear physical evidence. The chances of success on this claim will be highly fact dependent. You need to contact an attorney with experience in police misconduct cases.

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  • Can the attorney I hire to represent me in my personal injury suit negotiate the amont owed to hospital if there's a lien?

    I was hit by a drunk driver that was convicted of felony dui in the accident. They are insured with AAA. In order to increase the money I get I'm hoping it is possible to reduce the amount of the lien. OR is the amount due to the ER non negotiable...

    David’s Answer

    Yes. Personal injury attorneys routinely negotiate with lienholders to accept reductions in claimed lien amounts. You would likely benefit from hiring an attorney to assist you.

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  • I need to file a Notice of Change of Judge. I need a link can't find it. Thx

    I read the rules about changing judges. If I file other papers at the same time is the current judge going to handle the case? Also how do I find out if the judge is rotating?

    David’s Answer

    You should pay special attention to Ariz. R.Civ.P. 42(f)(1)(D), to see whether the papers you intend to file might be interpreted as a waiver of your right to notice the judge.

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  • Hearsay rules

    If a witness gives a statement to the police that gives them probably cause to arrest a defendant, but later on when interviewed by the defendant's Attorney the witness give a different testimony which is recorded by the Attorney. Is the recorded...

    David’s Answer

    You’re asking a technical question about admissibility of a recorded witness statement. Hearsay is an out-of-court statement offered for the truth of the matter asserted. Generally, hearsay is inadmissible, but there are many exceptions. A recorded statement of witness is hearsay. To know whether it’s admissible, you’d need to provide more facts and context, including, primarily, the claims in the case and the purpose of offering the recorded witness statement. But even if the statement itself is inadmissible, there may still be ways to use it at trial. For instance, during cross-examination, witnesses who have given inconsistent statements may be forced to read their inconsistent statements to the jury. Although the statement itself would not be admissible, the jury would get the idea that the witness' story has changed. I’ll also add, without knowing any context to your case, that police officers may rely on hearsay witness statements to establish probable cause to arrest, and whether police officers have probable cause is determined at the time of arrest, not by information they learn later.

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