Schmidt, Sethi & Akmajian Blog

Arbitration Clause Not Procedurally Unconscionable

Posted by Ted A. Schmidt | Aug 20, 2026 | 0 Comments

Juergensmeyer v. Hickman's Egg Ranch Inc., Nos. 1 CA-CV25-0462, CA-CV 25-0586 (App. Div. I, August 18, 2026) (J. Weinzweig) https://coa1.azcourts.gov/LinkClick.aspx?fileticket=-jtnWmAZZGo%3D&portalid=1 ARBITRATION CLAUSE IN STANDARIZED AGREEMENT ENFORCEABLE & NOT PROCEDURALLY UNCONSCIONABLE WHEN...

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Evidence: Penitent/Clergy Privilege-- Confession Defined

Posted by Ted A. Schmidt | Aug 17, 2026 | 0 Comments

Rodriguez-Ramirez v. State, No. CR-25-0157-PR (August 12, 2026) (J. Beene)  https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2026/CR250157PR.pdf?ver=MLf6c6HI3dfJCYMrboNZQw%3d%3d COMMUNICATION BETWEEN PASTOR AND CO-PASTOR DOES NOT QUALIFY AS A PENITENT/CLERGY PRIVILEGE (A.R.S. § 13-4062) C...

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Probate: Evidence of Testamentary Capacity

Posted by Ted A. Schmidt | Aug 07, 2026 | 0 Comments

Samaras  v. Samaras, No. 1  CA-CV 25-0611 PB (App. Div. I, July 29, 2026) (J. Foster) https://coa1.azcourts.gov/Portals/1/OpinionFiles/Div1/2026/Samaras%20v.%20Samaras%20-%20Final%20for%20posting.pdf?ver=OSm-L4zL9ca1A--nE2KNuA%3D%3D IN DETERMINING TESTAMENTARY CAPACITY TO EXECUTE A WILL COURT MU...

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Insurance: UIM Coverage for Named Insured

Posted by Ted A. Schmidt | Jul 06, 2026 | 0 Comments

State Farm Mut. Auto. Ins. Co. v. Balzan, No. CV-24-0140-PR (July 6, 2026) (J.Cruz)  CV240140PR.pdf MULTIPLE INSURED INDIVIDUALS WHO JOINTLY PURCHASE AUTO INSURANCE AS NAMED INSURED ARE ONE INSURED FOR PURPOSES OF STACKING UIM COVERAGE Connor Balzan lives with his parents. He has a seperate au...

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A NEW STANDARD FOR MEDICAL MALPRACTICE?

Posted by Peter Akmajian | Jul 01, 2026 | 0 Comments

The American Law Institute (ALI) recently approved a new “Restatement of the Law” on Medical Malpractice, which is part of the Restatement (Third) of Torts. First off, what is the ALI and what is a Restatement? The ALI is an organization of legal experts—according to its website, “eminent judges...

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SuperLawyers Magazine Cover Story - Indefatigable

Posted by Dev Sethi | May 28, 2026 | 0 Comments

SuperLawyers has included me in my practice areas of plaintiff's personal injury, medical malpractice, and products liability. This is the organization's 20th anniversary, and I am proud to be featured in its special Anniversary Edition magazine. I enjoyed sharing why I do what I do and talking a...

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Notice of Claim Requires Sum Certain

Posted by Ted A. Schmidt | May 14, 2026 | 0 Comments

Terborg v. Town of Payson, No. 2 CA -CV 2025-0080 (App. Div. II, November 5, 2025) (J. Eckerstrom) https://www.appeals2.az.gov/decisions/CV20250080OpinionCorrreleased.pdf WHERE NOTICE OF CLAIM DEMANDED “ONE HUNDRED THOUSAND DOLLARS ($250,000)” A.R.S. § 12-821.01(A) IS SATISFIED AS WRITTEN WORD C...

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Wrong Organ Removal

Posted by Peter Akmajian | Apr 20, 2026 | 0 Comments

A surgeon in Florida has been charged with second-degree manslaughter because he removed a patient's liver instead of the spleen, which was the intention of the surgery, killing the patient on the operating table. https://www.nytimes.com/2026/04/14/us/florida-surgeon-manslaughter-organ-removal.ht...

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Dev Sethi Welcomes Admitted Students to UA Law

Posted by Dev Sethi | Apr 14, 2026 | 0 Comments

Last week I had the opportunity to welcome newly admitted students to the University of Arizona Rogers College of Law. It was Admitted Students' Weekend, and the school put on a great reception at the historic Pima County Courthouse. Excited pre-1L students and their families mingled with faculty...

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