Insurance: Medpay Exclusion Providing No Coverage Where Workmen's Compensation Benefits Required Doneson v. Farmers Ins. Exch., __Ariz. App.__,No. 2 CA-CV2017-0174 (App. Div. II, October 3, 2018) (J. Ekerstrom) https://www.appeals2.az.gov/Decisions/CV20170174Opinion.pdf MEDPAY EXCLUSION PROVIDI...
Last week I focused on resources to help evaluate the safety and performance of cars. Today, I share a cool tool that helps a buyer understand the value proposition of a car. Everyone talks about the savings a used car offers. "Let someone else take the depreciation" is a common refrain. Bu...
In Part 1, I shared some of the emotions that come with a driving daughter. I have heard from many friends going through the same crucible, and I have received excellent advice from friends whose kids are already on the road. I appreciate it all. A couple of themes repeat: 1. Expose new driver...
We are experiencing a contentious and highly political process over the president's selection of Judge Brett Kavanaugh to sit on the Supreme Court. Some may think such political fights are a recent phenomenon. It has always been so. In 1795, George Washington nominated John Rutledge of South C...
Civil Procedure—Certifying Class Action Ferrara v. 21st Century N.A. Ins. Co., 799 Ariz. Adv. Rep. 23 (App. Div. II, September 10, 2018) (J. Eppich) CERTIFICATION OF A CLASS FOR CLASS ACTION REQUIRES “NUMEROSITY” OF CLASS MEMBERS AND WHERE CLASS MEMBERS RESIDE IN MULTIPLE STATES A LEVEL OF “COM...
Workers Compensation Unfair Claims Practices Tapia v. The Industrial Comm'n, 797 Ariz. Adv. Rep. 52 (App. Div. II, August 16, 2018) (J. Ekerstrom) SELF-INSURED EMPLOYER ENGAGES IN UNFAIR CLAIMS PRACTICES WHEN IT UNREASONABLY DENIES CLAIM WITHOUT ADEQUATESUPPORTING INFORMATION IN ITS POSSESSION...
At the top of the features list for new drivers -- at least for the parents of new drivers -- is safety technology. The developments brought to market in the past few years make vehicles exponentially safer now than when we started driving. In fact, in most recent years much of the revolution...
Last Sunday the Engage Foundation kicked off its second annual Youth Co-ed Touch Rugby League with over 60 kids from all over town, including kids from the Boys and Girls Club of Tucson, Big Brothers/Big Sisters of Tucson, foster families, the military and the Arizona Schools for the Deaf and Bli...
Our September 2018 Newsletter has been released! Take a look at the following topics 'Is Your Doctor Qualified?' by Peter Akmaijan 'Supreme Court Clarifies Workers Compensation Rules' by Ted Schmidt 'Pima County Increasing Access to Jury Trials' by Matt Schmidt 'Why You Should Vote Yes on...
This is the first installment in a series. Check back as I come to terms with my daughter as a new driver. And I as navigate different issues ranging from choosing a car for a new driver; getting her insured; considering a "driver's contract"; keeping tabs on her behind the wheel; and more. So...
Torts: Viability of Negligence Claim vs Intentional Act Ryan v. Napier, __Ariz. Adv. Rep. __ No. CV-17-0325-PR (August 23, 2018) (J. Timmer) CARELESS DECISION MAKING RESULTING IN INTENTIONAL ACT IS AN INTENTIONAL TORT AND NOT AN ACTIONABLE NEGLIGENCE CLAIM/NEGLIGENCE VS BATTERY Plaintiff McDon...
Schmidt, Sethi & Akmajian is proud to be the Gameday Sponsor for the Engage Foundation, a nonprofit established by Matt Schmidt to teach underprivileged kids how to engage in life by providing new, free and safe opportunities to participate in activities that are challenging, inspiring and underr...
We are proud to announce that our partners have been recognized by Best Lawyers for 2019! Ted Schmidt has been recognized for personal injury, products liability, and medical malpractice Dev Sethi has been recognized for personal injury and products liability Peter Akmaijian has been recog...
Workers Comp Lien—Apportionment of Fault Twin City Fire Ins. Co. v. Leija, __Ariz. Adv. Rep. __ No. CV-17-0280-PR (App. Div. I, August 2, 2018) (J. Pelander) TORT VICTIM HAS NO RIGHT TO POST-SETTLEMENT APPORTIONMENT OF EMPLOYER'S FAULT HEARING TO REDUCE WORKERS COMPENSATION LIEN AGAINST SETTLEM...
Civil Procedure/Federal Torts Claim Act: Discretionary Function Morales v. United States, __F3d__, No. 17-15215 (July 13, 2018) (J. McKeown) US GEOLOGICAL SURVEY DECISION NOT TO MARK A CABLE CONTRIBUTING TO HELICOPTER CRASH DRIVEN BY POLICY CONSIDERATIONS IS DISCRETIONARY FUNCTION RENDERING US...
Civil Procedure: Subject Matter Jurisdiction to Enforce Office of Administrative Hearings Directives Whitmer v. Hilton Casitas Homeowner's Assoc., 795 Ariz. Adv. Rep. 20 (App. Div. I, July 10, 2018) (J. Cattani) WHERE OFFICE OF ADMINISTRATIVE HEARINGS HAS NO JURISDICTION TO ENFORCE ITS DIRECTIV...
There are substantial revisions that have been made to the Arizona Rules of Civil Procedure this year. One of the most significant took effect July 1, 2018 and changes the way cases are managed. Under the new Rule 26.2, cases will now be assigned by stipulation of all parties, by motion for good ...
This is a reminder to register to vote! July 30, 2018 is the registration deadline to vote in Arizona's primary election. The primary election will be held on August 28, 2018. Got to www.servicearizona.com and click "Voter Registration" to register. Don't sleep on this essential right of citi...
Ruffin v. Lokosky, __Ariz. Adv. Rep. __ 1 CA-CV 17-0353 (App. Div. I, July 12, 2018) (J.Mc Murdie) DEFAULT JUDGMENT SET ASIDE FOR LACK OF DUE DILIGENCE WHEN PLAINTIFF KNOWING DEFENDANT'S E-MAIL ADDRESS, TELEPHONE NUMBER AND SOCIAL MEDIA ACCOUNTS CHOSE TO SERVE BY PUBLICATION Plaitniff s...
I recently wrote about the potential dangers of talcum powder and the talc litigation going on across the country. On July 12, 2018, a jury in St. Louis returned a verdict against Johnson & Johnson for $4.69 billion ($550 million for compensatory damages and $4.14 billion in punitive damages). ...
Koepff v. Physician Group of Arizona, Inc., __Ariz. Adv. Rep. __, No. CV-17-0222-PR (July 9, 2018) (J. Bales) DISMISSAL WITH PREJUDICE OF AGENT-SURGEON DOES NOT PRECLUDE CLAIM AGAINST SURGEON'S PRINCIPAL FOR ITS INDEPENDENT NEGLIGENCE Plaintiffs sued their surgeon alleging negligence ari...
Kopacz v. Banner Health, __Ariz. Adv. Rep. __, 1 CA-CV 17-0493 (App. Div. I, July 5, 2018) (J. Johnsen) MEDICAL MALPRACTICE STATUTE OF LIMITATIONS NOT TOLLED BY PHYSICAL INFIRMITY/MUST SHOW ABSENCE OF SOUND MIND Plaintiff suffered many complications following a catherization procedure an...
In 1864, President Abraham Lincoln closed the most famous political speech in American history by describing our nation's rebirth as a "government of the people, by the people, for the people." That fervent pledge of people's rule in the Gettysburg Address is at the heart of public records law w...
Normandin v. Encanto Adventures, LLC, __Ariz. Adv. Rep. No. 1 CA-CV 17-0373 (App. Div. I, June 26, 2018) (J. McMurdie). RECREATIONAL USE STATUTE IS CONSTITUTIONAL AND BARS CLAIM AGAINST MANAGER OF PREMISES WHERE FEE PAID BY PLAINTIFF WAS NOT FOR USE OF SPECIFIC AREA IN PARK WHERE INJURY OC...
Insurance—Single Occurrence Cincinnati Indem. Co. v. Southwestern Line Constructors Joint Apprenticeship & Training Program, 792 Ariz. Adv. Rep. 20 (App. Div. I, May 31, 2018) (J. Perkins) SINGLE EVENT CAUSED BY SEVERAL INDEPENDENT ACTS IS A “SINGLE OCCURRENCE” WHERE INSURANCE POLICY DEFINES “O...