Baird amp; Co., Inc. v. Kutak Rock L.L.P., __Ariz. Adv. Rep.__,No. 1 CA-SA 17-0034 (App. Div. I, September 29, 2017) (J. Swann) PLAINTIFFS ATTORNEY CLIENT PRIVILEGE NOT WAIVED DUE TO ISSUES RAISED IN DEFENDANTS AFFIRMATIVE DEFENSES Defendant Bond Counsel wrote bonds for Underwriters (plainti...

Swenson v. County of Pinal, 772 Ariz. Adv. Rep. 26 (App. Div. II, August 22, 2017) (J. Vasquez) STATES OBTAINING LIABILITY INSURANCE amp; CONTRACTUAL INDEMNITY DOES NOT EXCUSE COMPLIANCE WITH NOTICE OF CLAIM AND STATUTE OF LIMITATION DEADLINES IN TORT CLAIM AGAINST COUNTY Plaintiffs decedent...

The Schmidt, Sethi amp; Akmajian Fall 2017 Newsletter is here! We welcome our new attorney Peter Akmajian as he helps formulate our new firm. We discuss his impressive background along with:  Your rights when it comes to being injured by a government worker Law Enforcement Liability and Sect...

We are proud to announce the formation of Schmidt, Sethi & Akmajian, a new Arizona law firm.  We welcome Peter Akmajian, and are happy to share our news with you. 

Matt Schmidt recently gave a presentation to law students at the James E. Rogers College of Law. He offered his advice on how to reduce stress and increase happiness in order to become more productive and successful.

Courts have consistently held that baseball teams are not liable for injuries caused by foul balls because fans accept the risk of being hit.

The Department of Homeland Security and the Federal Trade Commission have issued a warning about Equifax phishing scams. The Hill (9/14, Chalfant, 1.68M) reports the FTC “issued an alert Thursday warning consumers to beware of phone calls from individuals purporting to be Equifax representatives ...

Yesterday, Equifax announced a cyber security incient potentially impacted 143 million customers in the United States.  Equifax is a large, publicly traded credit reporting company.  It aggregates sensitive information on nearly every adult in the country.  This is a big deal.  Equifax did itse...

Cities that fail to reasonably maintain roads to prevent these types of foreseeable injuries can be held responsible for the harm caused by dangerous roads.

Most people who come into our office have never been involved in a legal dispute before. They are often surprised to learn how many different ways their case might be resolved throughout the process. They are also surprised to learn  the majority of the cases will be resolved without requiring a ...

Young Arizona athletes already place significant stress on their bodies by working out our extreme heat. This stress is compounded by the use of creatine and protein supplements. Together, they can be a toxic combination that can cause severe injuries due to dehydration and muscle breakdown. The Academy of Orthopedics warned, “It may be dangerous to take creatine supplements while undergoing dehydration (for example, for wrestling competition) or when trying to lose weight.”

Civil Procedure—Timeliness of Notice of Claim Cruz v. City of Tucson, 770 Ariz. Adv. Rep. 8 (App. Div. II, August 1, 2017) (J. Vasquez) NOTICE OF CLAIM MUST BE FILED WITHIN 180 DAYS OF WHEN PLAINTIFF KNOWS OR REASONABLY SHOULD KNOW SHE HAS BEEN DAMAGED AND THE CAUSE, SOURCE, ACT, EVENT, INSTRU...

A civil trial in Denver that pits Taylor Swift against a disgraced radio DJ is shining a light on Taylors meet and greets and the abuse performers - especially female performers - are susceptible to.  Her testimony is a masterclass in dealing with aggressive cross examination. In 2013 Taylor wa...

Security Alarm Financing Enterprises v. Fuller,___ Ariz. Adv. Rep. __, 1CA-CV-16-0255 (App. Div. I, July 6, 2017) (J. Johnsen) WHETHER FAILURE TO PLEAD RIGHT TO ARBITRATION UNDER FEDERAL ARBITRATION ACT CONSTITUTES WAIVER OF THIS RIGHT IS GOVERNED BY FEDERAL LAW WHICH REQUIRES A SHOWING OF PREJU...

Beginning on October 1, 2017, the Superior Court in Pima County will launch a three-year pilot program designed to resolve less complicated civil claims through the Fast Trial and Alternative Resolution Program (“FASTAR”).  Ted Schmidt will be one of the hosts for the training session in August ...

Soto v. Sacco, __Ariz. Adv. Rep. __ No. CV-16-0136-PR (July 13, 2017) (J. Lopez) TRIAL COURT HAS DISCRETION UNDER RULE 59(a)&(i) TO ISSUE REMITTITUR OR ADDITUR OF JURY VERDICT IF IT ADEQUATELY STATES THE GROUNDS AND EXPLAINS ITS RULING WITH SUFFICIENT PARTICULARITY TO AVOID SPECULATION AS TO...

BNCCORP Inc. v. HUB Int'l Ltd, __Az. Adv. Rep.__ (App. Div. I, July 11, 2017) (J. Thompson) CONTRACTUAL WAIVER OF RIGHT TO JURY TRIAL INCLUDED CIVIL CLAIMS OF NEGLIGENCE & AFFILIATE TO PARTY TO CONTRACT IS BOUND BY WAIVER/INSURANCE BROKER STANDARD OF CARE DOES NOT REQUIRE ASSESSMENT OF RISKS...

Yahweh v. City of Phoenix, __ Ariz. Adv. Rep. __ No. 1 CA-CV 160207 (App. Div. I, July 11, 2017) (J. Beene) NOTICE OF CLAIM RECITING AMOUNT PLAINTIFF WILL PLEAD IN COMPLAINT DOES NOT SATISFY REQUIREMENT NOTICE ARTICULATE AMOUNT PLAINTIFF WOULD ACCEPT TO SETTLE ALL CLAIMS Plaintiff, was a dete...

Delgado v. Manor Care of Tucson,  767 Ariz. Adv. Rep. 47 (June 20, 2017)(J. Gould) VULNERABLE ADULT CLAIMS UNDER APSA NO LONGER REQUIRE PROOF THE ALLEGED NEGLIGENCE IS LINKED TO SERVICE THE CAREGIVER RENDERS DUE TO RECEPIENT'S INCAPACITY AND RELATED TO THE PROBLEM(S) CAUSED BY THE INCAPACITY ...

Kinerk, Schmidt & Sethi takes pride in playing an active role in trying to make our local community a better place to live in. From Tucson Soccer Academy (Ted Schmidt) to Ben's Bells (Dev Sethi) to little league baseball (Jim Campbell), we encourage all of our lawyers to get involved. As pres...

Often family members feel helpless when they watch their loved one in a nursing home get worse, because they are not getting the care they need. Anyone, at anytime, can call 911 to have their family member transported to a hospital to get the care they need.

D.L. v. Vassiliev, __F3d__, No. 15-15542 (June 5, 2017) (J. Lasnik) FAILURE TO SERVE NOTICE OF CLAIM CURED WHERE FIRST ACTION VOLUNTARILY DISMISSED AGAINST DEFENDANT DOCTOR FOLLOWED BY PROPER NOTICE OF CLAIM AND SECOND FILING Plaintiff sued the defendant doctor in state court unaware he was a...

Sanders v. Alger, 766 Ariz. Adv. Rep. 22 (June 1, 2017) (J. Bales) PATIENT HAS DUTY TO EXERCISE REASONABLE CARE INTERACTING WITH CAREGIVER BASED UPON CAREGIVER/PATIENT RELATIONSHIP & RESCUE RULE/CAREGIVER NOT A PROFESSIONAL RESCUER  ACTING IN RESPONSE TO AN EMERGENCY HENCE FIREMEN'S RULE NOT...

Nevens v. AZHH, LLC, 766 Ariz. Adv. Rep. 19 (App. Div. I, May 30, 2017) (J. Downie) REBUTTAL EXPERT ADDRESSING CAUSATION ISSUE NOT ADDRESSED IN CASE IN CHIEF ALLOWED/LOSS OF CONSORTIUM OF PARENT DOESN'T REQUIRE CATASTROPHIC INJURY Plaintiff sued the Arizona Heart Hospital [AZHH] as a vulnerab...