Schmidt, Sethi & Akmajian Blog

Understanding Arizona's Comparative Fault Rule

Posted by Dev Sethi | Jan 22, 2025 | 0 Comments

When you're injured in an accident in Arizona, determining who is at fault is a critical part of securing fair compensation. Arizona follows a "comparative fault rule," which can significantly impact the outcome of your personal injury claim. Understanding how this rule works is essential to prot...

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CHALLENGES OF THE ER MALPRACTICE CASE

Posted by Peter Akmajian | Jan 15, 2025 | 0 Comments

Many of the potential cases we consider relate to care in the Emergency Room.  These are challenging cases in part because the Arizona legislature imposed a requirement that such cases be proven by “clear and convincing” evidence, and at least one Arizona court has added to the difficulties surro...

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Fundamental & Prejudicial Error in Jury Deliberations

Posted by Ted A. Schmidt | Dec 12, 2024 | 0 Comments

State v. Mekeel, No. 1 CA-CR 23-0102 (App. Div. I, December 5, 2024) (J. Brown) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2024/Mekeel%20-%201%20CA-CR%2023-0102%20-%20Opinion.pdf PROVIDING JURY WITH EXHIBIT NOT ADMITTED INTO EVIDENCE CONSTITUTED FUNDAMENTAL ERROR BUT WHERE JURY GAVE LI...

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THE CRISIS IN PEDIATRIC EMERGENCY CARE

Posted by Peter Akmajian | Nov 12, 2024 | 0 Comments

A recent study by the American Medical Association exposes a disturbing public health crisis—more than 80% of emergency departments (ERs) in the U.S. are not fully prepared for pediatric cases.   This is despite the fact that pediatric ER visits make up about 20% of total ER visits each year.   T...

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Torts: Accrual of Abuse of Process Action and Waiver

Posted by Ted A. Schmidt | Oct 28, 2024 | 0 Comments

Liberti v. City of Scottsdale, No. 2 CA-CV 2024-0082 (App. Div. II, October 25, 2024) (J. Sklar) https://www.appeals2.az.gov/decisions/CV20240082releasedasOpinion.pdf ABUSE OF PROCESS CLAIM ACCRUES AGAINST PUBLIC ENTITY WHEN PLAINTIFF “REALIZES” OR “RESONABLY SHOULD KNOW” SHE HAS BEEN DAMAGED RE...

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Rules of Civil Procedure: Default Judgment Appropriate Where No Timely Answer to Amended Complaint Filed/Right to Appeal form Default Judgment

Posted by Ted A. Schmidt | Sep 11, 2024 | 0 Comments

Melbye v. Dennis, No. 2 CA-CV 2023-0209 (App. Div. II, September 9, 2024) (J. Eckerstrom) https://www.appeals2.az.gov/decisions/CV20230209Opinion.pdf FAILURE TO TIMELY ANSWER AMENDED COMPLAINT IN FACE OF ENTRY OF DEFAULT SUPPORTS ENTRY OF DEFAULT JUDGMENT/DEFENDANT MAY APPEAL FROM DEFAULT JUDGME...

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GENDER AND RACIAL DISPARITIES IN HEALTHCARE

Posted by Peter Akmajian | Jul 22, 2024 | 0 Comments

Over the past several months, there has been a great deal of reporting that women and minorities are more likely than white males to be the victims of poor health care.  https://www.nbcnews.com/health/health-news/medical-mistakes-are-likely-women-minorities-rcna133726 According to researchers, w...

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