Evidence/Medical Malpractice/Causation/Expert Witness Testimony Sampson v. Surgery Center of Peoria, No. CV-210-0024-PR (July 30, 2021) (J.Bolick) https://supremestateaz.granicus.com/player/clip/3145?view_id=11&redirect=true WHERE CAUSE OF DEATH IS DISPUTED IN MEDICAL MALPRACTICE CASE CAUSATION...
On July 30, 2021, the Arizona Supreme Court decided the case of Sampson v. Surgery Center of Peoria (No. CV-20-0024-PR) and held that for a plaintiff to prove a medical malpractice case it is generally required that the plaintiff present competent expert testimony on causation. The Supreme Court...
The TV series “Dr. Death” is airing on Peacock. It is based on a popular podcast of the same name. The show tells the tragic and true story of a dangerous, incompetent neurosurgeon in Texas who ends up severely injuring and even killing numerous patients. The protagonists are two doctors and a D...
After a slightly optimistic Spring and early Summer, where courthouse operations started to loosen and some normalcy teased on the horizon, COVID's Delta Variant and a scary increase in case numbers has shot us back into uncertainty and restriction. In fact, I was just sitting down to write a sum...
As cyclists gathered awaiting the start of Show Low's Bike the Bluff race, a driver behind the black Super Duty pick-up truck crashed into a group just heading out to ride. The crash sent eight riders to the hospital, and some required helicopter transport. Tragically, one of the injured riders d...
The short answer - YES. It's a major no-no. Electronics hold a deeply rooted place in our lives, even while we are sleeping. Researchers report that a majority of children, and a surprisingly high number of adults, admit to sleeping with a charging device in bed or under their pillow. Sleeping ...
Torts—Legislative Immunity Mesnard v.Campagnolo, No. CV20-0209-PR (June 30, 2021) (J. Timmer) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2021/CV200209PR.pdf THE SPEAKER OF THE HOUSEORDERING AN OUTSIDE LAW FIRM TO INVESTIGATE ALLEGED SEXUAL HARASSMENT CLAIMS AGAINST ANOTHE MEMBER OF...
The United States Supreme Court issued a win for the First Amendment today. In an 8-1 ruling, the Court declared that the First Amendment's freedom of speech provision allows public schools to punish for some off campus student speech, but the justices agreed that a teenage cheerleader's profanit...
Last week I posted on steps required to level the playing field in trucking cases. These collisions are different than a typical car crash, and require a special approach. Here is a video with more information.
Trucking collisions – crashes that involve commercial vehicles, delivery trucks, 18 wheelers, buses, and other larger scale vehicles – are different than a typical car crash. The amount of evidence, both the paper trail and the electronic fingerprints left behind, dwarf what we see in a car wreck...
The National Trial Lawyers is pleased to announce that Dev Sethi of Schmidt, Sethi & Akmajian has been selected for inclusion into its Top 100 Civil Plaintiff Trial Lawyers in Arizona, an honor given to only a select group of lawyers for their superior skills and qualifications in the field. Mem...
The U.S. Supreme Court today left in place a $2 billion verdict in favor of women who claimed they developed ovarian cancer from using Johnson & Johnson talc products.
President Biden and Congressman Matt Gaetz found themselves in strange company last month. In President Biden's case, internet sleuths sniffed out his personal Venmo. In Congressman Gaetz' situation, the FBI followed breadcumbs from his publicly posted list of transactions to build a case against...
Product Liability—Preemption/Admissibility of Expert Testimony/Punitive Damages Hardeman v. Monsanto Co., Nos. 19-16636 19-16708 (9th Cir., May 14, 2022) (J. Nelson) https://cdn.ca9.uscourts.gov/datastore/opinions/2021/05/14/19-16636.pdf CALIFORNIA FAILURE TO WARN LAW CONSISTENT WITH FEDERAL I...
Arbitration: Enforceability of Agreement to Arbitrate in Skilled Nursing Home Contract Heaphy v. Willow Canyon Healthcare, Inc, No. 2 CA-CV 2020-0113 (App. Div. II, May 18, 2021) (J. Espinosa) https://www.appeals2.az.gov/decisions/CV20200113Opinionwithcoverpagecorrection.pdf HEALTHCARE POWER OF...
In this FAQ series regarding insurance coverage for car accidents, we have covered the following topics: Declaration Pages Liability Coverage Property Damage Medical Payments As discussed in the prior blogs, once you have a copy of your declarations page, it is important to know what ...
High school graduation season is upon us. Already some local students have crossed the stage and moved their tassels. My own daughter graduated over the weekend. It was a joyful and emotional few days, full of fun and celebration. But we also took a few minutes to understand the risks that come w...
Jurisdiction to Enforce Settlement Agreement Major v. Coleman, No. 2 CA-CV 2020-0081 (App. Div. II, May 5, 2021) (J. Eppich) https://www.appeals2.az.gov/decisions/CV20200081Opinion.pdf TRIAL COURT HAS JURISDICTION TO DISMISS AN ACTION WITH PREJUDICE UPON SETTLEMENT WHILE RETAINING AUTHORITY TO ...
Computer researchers and doctors are working together on technology that would fully automate surgery just like self-driving cars.
Brandi Levy, a high school sophomore at a Pennsylvania public school came home disappointed one day in 2017. She did not make the varsity cheerleading team, and she decided to take out her frustration in a snap. By now, I suspect you know that snap is a noun and verb transcending the physical...
In the last few blogs, I have discussed the importance of knowing what and how much coverage you have by requesting your declarations page. Once you get a copy of your Dec Page, it is also important to know what the types and amounts of coverages on that page actually means. We have covered prope...
Ted Schmidt has been selected as a top 50 lawyer in the state of Arizona by Super Lawyers.
Civil Procedure—Personal Jurisdiction/Product Liability Ford Motor Co. v. Montana, No. 19-368 (March 25, 2021) (J. Kagan) https://www.supremecourt.gov/opinions/20pdf/19-368_febh.pdf RESIDENTS OF STATE WHERE ACCIDENT OCCURRED HAVE PERSONAL JURISDICTION IN THAT STATE OVER FORD MOTOR CO. WHICH D...
The Arizona Legislature has passed SB 1377, which provides civil immunity for employers and health care providers for acts or omissions related to “a public health pandemic that is the subject of the state of emergency declared by the Governor.