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...
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination "because of sex." Today, in a landmark 6-3 decision, the Supreme Court of the United States ruled that Title VII's ban on discrimination protects gay, lesbian, and transgender employees. Until today, fewer than half o...
This week put a quick end to any lingering doubt that important business must wait because of COVID related shelter orders and slowdowns of regular operations. The United States Senate Committee on Health, Education, Labor, and Pensions held a wholly remote/video-conference based hearing address...
Ted Schmidt was recently honored as a 'Top 50 Lawyer in the Southwest' by Super Lawyers in their latest publication. You can read the full list of other attorneys on their website's digital copy here.
This blog collects trial court orders allowing remote video depositions over the objection of a party. Check back for updates. The COVID 19 health crisis continues. Courthouses around the nation are operating with skeleton staff to protect the health and welfare of both court staff and the ge...
Torts—Suit Against State—Accrual of Notice of Claim Deadline Humphrey v. State, I CA-CIV 16-0570 (App. Div. I, April 30, 2020) (J. Brown) NOTICE OF CLAIM DEADLINE ACCRUES WHEN PLAINTIFF KNOWS OR REASONABLY SHOULD KNOW CAUSE OF DAMAGE/WHEN FACTS ARE NOT IN DISPUTE IT IS NOT A QUESTION FOR THE JU...
Our May 2020 has arrived! Our attorneys cover the following topics: 'A Path to Happiness' by Dev Sethi 'Good News for Those Having Trouble Serving Their Lawsuit' by Ted Schmidt 'A Journey to the Canal Du Midi' by Peter Akmajian 'Three Things that Make Me Happy About Being Stuck at Home' by...
In a previous blog, I talked about important factors we consider in evaluating a case. One of the keys is insurance. Today I focus on two common types insurance coverage available under your personal auto insurance policy - how they are different, and how they protect you and your family. Let's ...
Today I am talking about three important factors we evaluate when considering whether a case is right for us. Liability. This is the basic question of who did what wrong. One simple example, an automobile collision where the other driver ran a red light. It's obvious who did what wrong. But ...