Governor Doug Ducey and Arizona Secretary of State Katie Hobbs announced an Executive Order that allows Arizonans to get documents notarized remotely, while ensuring secure and effective verification processes. Until this order, notaries and signers were required to complete the notarization pro...
Youth soccer is a year-round sport and it probably touches someone in your family or extended family. Ted Schmidt, president of the board of the FC Tucson Youth soccer organization was recently interviewed by the Arizona Daily Star to talk about how they want to help preserve these activities whi...
Rules of Civil Procedure Rule 4(i) Extension of Time to Serve Complaint Sholum v. Gass, No. CV-19-0149-PR (March 30,2020) (J. Gould) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2020/CV190149.pdf RULE 4(i) REQUIRES EXTENSION OF TIME TO SERVE A COMPLAINT NOT ORIGINALLY SERVED WITHIN...
Stress management often starts with having a greater awareness about our surroundings in our personal lives and society at large so we not only focus on the positive, but be conscious of the negative in a way that allows us to flip the bad things on their head. For example, awareness that stress...
Since my last blog on “Law in the Time of Coronavirus”, social distancing has become the rule in the legal world. Now, virtually every law firm, including ours, is working remotely. Most court hearings, even telephonic hearings, have been postponed. Judges and court staff are working remotely....
On March 26, 2020, the Presiding Judge of the Pima County Superior Court, Kyle Bryson, signed an Administrative Order restricting physical access to the Pima County Superior Court. You can read the full text of the Order here. This is at least the third Order the Pima County Court has issued to...
Before a big project, have you ever attempted to get pumped up by agreeing to treat yourself with something nice once the task is complete: a movie, a nice dinner, a glass of wine? In other words, something to look forward to as a motivator to get the job done? Though that is not a bad strategy, ...
Today the State of Arizona unveiled a comprehensive website, ArizonaTogether, that provides Arizonans easy access to a network of individual and business resources we need as we work though the COVID-19 outbreak. I spent some time exploring it this morning. It is very helpful. There are direct...
To know who Rebecca and her crew are, read Part I first or you will be as lost as they are. After a group discussion, Rebecca and the crew agreed that it was time to pick a trail and set out. Carol was the only one who disagreed. She stayed behind with all the food and toilet paper and was short...
We are in unprecedented times. We join you, working to navigate the rapidly evolving challenges caused by the coronavirus (COVID-19). Despite the day-to-day uncertainty we all face, Schmidt, Sethi & Akmajian remains fully operational and firm attorneys and staff are working diligently to serve o...
In an effort to fight the Coronavirus, the Coronavirus Preparedness and Response Supplemental Appropriations Act (CPRSA) was passed by the U.S. government this month. In short, $8.3 billion dollars was appropriated to various departments, programs and funds to address the pandemic. As a part of t...
Even before this pandemic caused all the feelings that bring discomfort and raise concern, the modern world was already an extremely stressful place to live in. This is in large part due to worry over whether we are in control, making the right choice, out of the countless choices in front of us...
Tomorrow morning, March 19, 2020, the Pima County Board of Supervisors meets to vote on a special resolution declaring a State of Emergency. This resolution will close bars, gyms, and other venues of public gathering. It will also end sit down dining in restaurants, coffee shops, and food court...
A common question is whether business income/business interruption insurance coverage applies if a governmental authority requires a business to close in response to COVID-19 planning. As a business owner, you should review your policy and consult your agent, but the short answer is likely no. T...
As the Coronavirus (COVID-19) grips our State and Nation, the impact of the pandemic is felt across many aspects of society, including the legal system. The situation is ever-changing, day-by-day and hour-by-hour. As one might imagine, when public gatherings are banned or limited, legal proceed...
Federal Law Preempts Balance Billing Lien Statutes Ansley v. Banner Health Network, No. CV-19-0077-PR (March 9, 2020) J. Bolick https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2020/CV190077PR.pdf ARIZONA STATUTES AUTHORIZING THE RECORDING OF LIENS AGAINST THIRD PARTY TORTFEASORS FOR HO...
Torts: Tribal Sovereign Immunity—“Subordinate Economic Organization” Hwal'Bay Ba: J Enterprises, Inc. v. Jantzen, No. CV 2018-00428 (February 25, 2010) (J. Timmer) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2020/CV190123PR%20FILED.pdf ENTITY CLAIMING TRIBAL SOVEREIGN IMMUNITY AS A ...
Evidence Rule 609 Impeachment with Misdemeanor Conviction Brown v. Dembow, No. 1 CA-CV 19-0054 (App. Div. I, February 25, 2020) (J. Thumma) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2020/CV19-0054%20-%20Brown.pdf PRIOR CONVICTION THAT COULD BE DESIGNATED A FELONY BUT WAS ULTIMATELY D...
Auto liability insurance is required in Arizona. The mandatory minimum coverage is $15,000 per person/$25,000 per occurrence. Liability coverage protects you and your assets if your negligence causes a collision and injury to another person. If you purchase the state minimum, you are protected...
On February 20, 2020, The New York Times ran an editorial “Why are Nonprofit Hospitals so Highly Profitable?” Shockingly, this article explained that seven of the ten most profitable hospitals in American are “non-profit” hospitals. How can this be? In short, before 1969, for a hospital to be n...
Attorneys' Fees to Successful Party with Genuine Financial Obligation to Pay ARS § 12-341.01 Fields v. Elected Officials Retirement Plan,No. 1 CA-CV 18-0126 (App. Div. I, February 6, 2020) (J. Weinzweig) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2020/1%20CA-CV%2018-0126%20-%20Fields%2...
Pursuant Arizona statute, a plaintiff suing a hospital emergency medicine provider must prove the case by clear and convincing evidence. A.R.S. 12-572. The “clear and convincing” standard is a higher burden of proof than “preponderance of the evidence”, which is the normal standard of proof for...
As I stated last month, the focus of my column for the year 2020 will be the legal complexities of riding--and possibly falling off of--a rental scooter in 2020. Fortunately for consumers, a favorable opinion has already come down from the US Court of Appeals for the 9th Circuit in Wilson v. Huuu...
Civil Rights: 42 U.S.C. § 1983—Use of Excessive Force Tuuamalemalo v. Greene, No. 18-156665 (9th Cir. December 24, 2019) (J. Fletcher) https://law.justia.com/cases/federal/appellate-courts/ca9/18-15665/18-15665-2019-12-24.html USE OF CHOKE HOLD ON A NON-RESISTING RESTRAINED PERSON VIOLATES 4TH ...
Our first Newsletter of 2020 has been released! We cover the following topics: 'Before You Rent a Scooter, Protect Yourself Legally' by Matt Schmidt 'Why You Need a Real ID& How to Get Yours Before the Deadline' by Dev Sethi 'Black Boxes in Medicine & the Implications for Malpractice Cases...