Torts—42 U.S.C. 1983 Claim for Excessive Force by Police Cortesluna v. Leon, No. 19-15105 (9th Cir., October 27, 2020) (J. Garber) https://cdn.ca9.uscourts.gov/datastore/opinions/2020/10/27/19-15105.pdf POLICE OFFICERS HAVE QUALIFIED IMMUNITY WHEN COURT FINDS THEIR USE OF FORCE WAS OBJECTIVELY ...
Dev Sethi is representing a mother and daughter in a fertility fraud case involving Doctor James Blute III.
Evidence/Civil Proc. R. 26(b)(4)(F)(ii): Treating Doctors as Expert Witnesses in Medical Negligence Cases Haught v. Payson Healthcare, NO. 2-CA-CV 2019 (Az App. Div. I, Ocotober 30, 2020) (J.Vasquez) https://www.appeals2.az.gov/decisions/CV20190150Opinion.pdf IMPERMISSIBLE TO ASK MULTIPLE TR...
UPDATE - 10/14/2020 - The deadline to register to vote in Arizona is 5pm on October 15th. The decision discussed below has been reversed by the 9th Circuit Court of Appeals. If you are not yet registered, you can visit ServiceArizona or the Arizona Secretary of State's website. Original blog: ...
Early voting in Arizona has started and voter enthusiasm is high. Already local officials have reported higher than average numbers of ballots being returned.
Torts: Qualified Immunity of Police Dispatcher/Citing Vacated Decisions Harianto v. State, No. 1 CA-CV 18-0446 (App. Div. I, September 24, 2020) (J. Brown) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2020/CV18-0446%20Harianto%20OP.pdf ADOT & DPS DISPATCHERS HAVE QUALIFIED IMMUNITY AGAI...
There may never be another time in your lifetime when exercising your right to vote will be more important or easier.
As schools begin to reopen in Arizona, districts are asking parents to sign liability waivers.
Contract Barring Tort Claims Not Enforceable Against Non-Party to Contract/Closely Related Party Doctrine JTF Aviation Holdings Inc. v. CliftonLarsonAllen LLP, No. CV2017-003641 (September 18, 2020) (J. Montgomery) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2020/CV190209PR.pdf Def...
Our September 2020 has arrived! Our attorneys cover the following topics: 'Court Says School May Be Liable for the Off-Campus Murder of a Student' by Ted Schmidt 'Remote Depositions Are Here to Stay & Why I'm All for It' by Dev Sethi 'Jury Trials in the COVID Era' by Peter Akmajian 'Has a S...
Rules of Civil Procedure: Rule 35 Neuropsychological Examination Clayton v. Kenworthy, No. 1 CA-SA 20-0086 (App. Div. I, September 15, 2020) (J. Howe) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2020/SA%2020-0086%20Clayton%20v.%20Hon.%20Kenworthy.pdf RULE 35 DOES NOT GIVE COURT DISCRET...
Evidence: Attorney-Client Privilege/Burden of Proof/Special Master/Crime-Fraud Exception Clements v. Bernini, No. CR-19-0140-PR (September 9, 2020) (J. Brutinel) PARTY CLAIMING ATTORNEY-CLIENT PRIVILEGE MUST MAKE PRIMA FACIE SHOWING PRIVILEGE APPLIES/COURT MAY HOLD HEARING TO DETERMINE WHETHER ...
Torts—Proximate Cause in Dramshop Action Torres v. JAI Dining Services Inc., No. 1 CA-CV 19-0544 (App. Div. I, July 16, 2020) (J. Winthrop) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2020/1%20CA-CV%2019-0544%20-%20Torres.pdf WHERE DRIVER BECOMES INTOXICATED AT BAR THEN DRIVES HOME, SL...
Notice of Claim Deadline Tolled Until Failure of Mediation Standard Constr. Co. Inc. v. State, No. 1 CA-CV 19-0411 (App. Div. I, September 3, 2020) (J. Swann) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2020/1%20CA-CV%2019-0411.pdf WHERE PARTIES ARE CONTRACTUALLY OBLIGATED TO SUBMIT TO...
Evidence: Sham Affidavit Doctrine Perdue v. La Rue, No. 1 CA-CV 19-0657 (App. Div. I, September 3, 2020) (J. Howe) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2020/CV%2019-0657%20Perdue%20v.%20La%20Rue.pdf SHAM AFFIDAVIT DOCTRINE REQUIRES COURT TO DISREGARD AFFIDAVIT FILED IN CONTRADIC...
Restitution Caps and Victim's Rights Slayton v. State, No. CR-19-0118-PR (August 4, 2020) (J. Brutinel) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2020/CR190118PR.pdf CAP ON AMOUNT OF RESTITUTION DEFENDANT MAY BE LIABLE TO PAY IN PLEA AGREEMENT WITHOUT VICTIM'S CONSENT VIOLATES VIC...
Torts—Negligence Per Se Must be Based Upon Specific Legal Requirement Not General Standard of Care Ibarra v. Gastelum, No. 1 CA-CV 19-0597 (App. Div. I, July 23, 2020) (J. Thumma) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2020/CV19-0597%20-%20Ibarra.pdf VIOLATION OF LANDLORD/TENANT S...
Torts—Duty of City, and School District for Off-Campus After School Hours Shooting Dinsmoor v. City of Phoenix, No. 1 CA-CV 19-0045 (App., Div. I, June 30, 2020) (J. Cattani) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2020/1%20CA-CV%2019-0045.pdf SCHOOL-STUDENT RELATIONSHIP MAY GIVE R...
Evidence—Machine Produced Video Not Hearsay State v. Stuebe, No. 1CA-CR 19-0032 (App. Div. I, June 30, 2020) (J. Morse) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2020/CA-CR%2019-0032%20State%20v%20Stuebe%20OP%20-%20FINAL.pdf AUTOMATED E-MAIL & MACHINE PRODUCED VIDEO NOT HEARSAY BECAU...
COVID 19 has upended all our lives in many ways, not the least of which, the lives of our children. Not only has school been abruptly moved from the classroom to the home, but the all important need to recreate and maintain proper physical fitness has been all but eliminated. Pima County re...
Mountainside Fitness, a Phoenix area chain of gyms, defied Governor Doug Ducey's Executive Order directing gyms, among other businesses, to close hoping to stem the increase in Arizona's COVID-19 cases. Mountainside remained open, even in the face of enforcement efforts. With the assistance o...
Evidence: Behavioral Health Professional-Client Privilege In Re MH 2019-004895, No. 1 CA-MH 19-0065 (App. Div. I, June 23, 2020) (J. Brown) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2020/MH%2019-0065%20OP.pdf BEHAVIORAL HEALTH PROFESSIONAL-CLIENT PRIVILEGE PROTECTS INFORMATION OBTAIN...
The baby powder litigation against Johnson & Johnson has proceeded actively. There have been several important developments.
Evidence: Physician/Patient Privilege in Wrongful Death Action Heaphy v. Metcalf, No. 2CA-SA 2020-0001 (App. Div. II, June 18,2020) (J. Eppich) https://www.appeals2.az.gov/decisions/SA20200001Opinion.pdf MEDICAL RECORDS OF BENEFICIARY IN WRONGFUL DEATH CASE NOT DISCOVERABLE UNLESS BENEFICIARY P...
The State of Arizona sent me a check for $60.84 this week. It was for unclaimed money that was owed to me, and for one reason or another the entity that owed me the money sent it to the state for my benefit. This is not a tax refund or other governmental benefit. It is money that was due to me...