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Diversity Jurisdiction: Removal & Remand

Posted by Ted A. Schmidt | Oct 15, 2021 | 0 Comments

Diversity Jurisdiction: Removal & Remand The Boeing Co. v. Autozone West, Inc., No. 19-56409 (9th Cir., October 1, 2021) (J. Bennett) https://cdn.ca9.uscourts.gov/datastore/opinions/2021/10/01/19-56409.pdf THIRTY DAY DEADLINE TO REMOVE CASE FROM STATE COURT TO FEDERAL COURT BASED UPON DIVERSITY...

Punitive Damages—Cell Phone Use While Driving

Posted by Ted A. Schmidt | Sep 29, 2021 | 0 Comments

Punitive Damages—Cell Phone Use While Driving Purdy v. Metcalf, No. 2 CA-SA 2021-0039 (App. Div. II, September 24, 2021) (J. Staring) PUNITIVE DAMAGE INSTRUCTION APPROPRIATE IN WRONGFUL DEATH CASE WHERE EVIDENCE SUPPORTS CONCLUSION DEFENDANT PROFESSIONAL DRIVER WAS DISTRACTED BY CELL PHONE USE ...

Arizona Judge Rules Mask Ban is Unconstitutional

Posted by Dev Sethi | Sep 27, 2021 | 0 Comments

A Phoenix judge has ordered that a state law attempting to bar schools from imposing mask requirements on campus is unconstitutional. The law was set to take effect on Wednesday, September 29, 2021, but now it will not. The judge agreed with a coalition of school groups who argued that including ...

GM Recalls Every Bolt Ever Made.

Posted by Dev Sethi | Aug 23, 2021 | 0 Comments

In a blow to General Motors' future plans, the automaker announced today that it has broadened a 2020 recall of its Chevy Bolt electric vehicle. GM is now recalling every single Bolt ever made. This expanded recall is due to a fire risk tied to faulty lithium ion batteries manufactured by LG. If ...

Arbitration: Enforceability of Agreement to Arbitrate Disputes That Requires Plaintiff to Bear All Costs & Fees/Substantive Unconscionability

Posted by Ted A. Schmidt | Aug 17, 2021 | 0 Comments

Arbitration: Enforceability of Agreement to Arbitrate Disputes That Requires Plaintiff to Bear All Costs & Fees/Substantive Unconscionability Rizzio v. Surpass Senior Living LLC, No. CV-20-0058-PR (August 17, 2021) (J. Montgomery) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2021/CV2...

TUSD Bus Crash Turns Fatal

Posted by Dev Sethi | Aug 11, 2021 | 0 Comments

On Wednesday morning, August 11, 2021, a Tucson Unified School District bus was involved in a collision near Valencia Rd and Mountain Ave. Reports are that a pick up truck was also involved. Details of the crash remain unclear, but it has been confirmed that no students were on board at the time ...

Dr. Death - Can It Be True?

Posted by Peter Akmajian | Jul 29, 2021 | 0 Comments

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...

Back to the Future - The Delta Variant and the Courts.

Posted by Dev Sethi | Jul 29, 2021 | 0 Comments

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...

The Importance of UM and UIM Coverage

Posted by Dev Sethi | Jul 14, 2021 | 0 Comments

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...

Is Charging Your Phone in Bed with You Dangerous?

Posted by Dev Sethi | Jul 14, 2021 | 0 Comments

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

Posted by Ted A. Schmidt | Jul 06, 2021 | 0 Comments

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...

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Schmidt, Sethi & Akmajian

Schmidt, Sethi & Akmajian is one of the most experienced, successful personal injury law firms in the Tucson area. Established in 1995, our firm has a long history of success, as seen in our many victories.

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