Trial court lacks jurisdiction to consider rule 60(b) motion attacking constitutionality of punitive damage award where attack must be made via rule 59 motion for new trial filed within 15 days of the entry of judgement.
Schmidt, Sethi & Akmajian Blog
Evidence: Attorney-Client Privilege
Party asserting attorney-client privilege must make prima facie showing that an attorney-client relationship exists, that communication in question was to seek or give legal advice and that communication was intended to be confidential and was treated as confidential
Injured at a Friend’s or Family Member’s Home? We Can Help.
If you gathered for the holidays, a celebration, or a quick hello but ended up with an injury at a loved one’s home, you can fairly fight for the compensation you deserve.
Torts/Constitution—First Amendment: Defamation Involving Statements Made in Political Race
First amendment protects speech in political advertisement implicating nonpolitical third party.
Restitution: Economic Losses Directly Caused by Criminal Conduct
Attorneys fees incurred by victim to exercise, enforce, and defend rights in criminal proceeding may be recovered in restitution award if directly caused by criminal conduct.
Passenger in an Accident? Here’s What To Do.
Accidents are unexpected. Prepare yourself by reading this blog if you ever, unfortunately, find yourself as a passenger in a car accident.
Civil Procedure/Torts/Govt’l Immunity—Collateral Order Doctrine
Dismissal of defense of derivative sovereign immunity can be addressed on appeal after judgement on the merits so collateral order doctrine does not apply.
Civil Procedure/Specific Jurisdiction
Purposefully directed activities in forum state by defendant must be shown to establish specific jurisdiction within state.
Civil Procedure: No Issue Preclusion Without Final Judgment
There is no issue preclusion created by dismissal with prejudice where there is no final judgement on the merits.
Alumnus Ted Schmidt on Giving Students "A New Day In Court"
Ted is championing “A New Day in Court,” The James E. Rogers College of Law's most ambitious capital undertaking in more than a decade. The project is particularly close to his heart, reflecting more than forty years of teaching, mentoring and coaching students.
A Road Map for Arguing Damages (Vol. 1): Tell the Truth
In this new series, I discuss how we approach presenting damages – how we tell our clients’ stories. Today I start with the most basic rule. Tell the Truth.
Why Left Turns Are the Most Dangerous Maneuver
Left turns are so dangerous that many companies in the business of driving avoid them all together. UPS has famously had a “No Left Turn” policy for over a decade. And there is even growing commentary that left turns should be abolished.
Schmidt, Sethi & Akmajian Donation to Help Start UArizona Law Advocacy Center
The all-alumni firm of Schmidt, Sethi & Akmajian has been a major contributor to the “A New Day in Court” fundraising initiative in support of UArizona Law’s Advocacy program.
Torts: Foreseeability, Duty & Standard of Care in Protecting Students From Sexual Assault
School’s duty to protect students from sexual assault does not require proof assault was foreseeable
Medical Malpractice 2021—Year End Review
When the COVID pandemic first hit in early 2020, we wondered how it would affect our cases and the world of medical malpractice. By mid-2021, trials began to resume live at courthouses throughout Arizona, but unfortunately COVID and its various mutations plus lack of universal vaccinations have proven challenging. It remains to be seen whether the latest wave of COVID and Omicron will result in cancellations of trials again and more difficulties ahead.
Taking Your Dog for a Walk? Keep Your Dog Leashed.
A friendly reminder for all pet owners from Schmidt, Sethi & Akmajian to please keep your dogs leashed when you’re out for a walk and always adequately confined when they’re at home.
Civil Rights: 42 U.S.C. § 1983 Claim for Violation of First Amendment
Police escorting reporter out of protest zone possibly implicating plaintiff’s first amendment rights does not rise to a violation of 42 U.S.C. § 1983 civil rights
Civil Procedure—Federal Court Dismissal as Claim Preclusion to State Court Action
Federal court dismissal based upon subject matter jurisdiction not a judgement on merits so claim preclusion does not apply in state court action.
Civil Rights: 42 U.S.C. § 1983 Claim Subjective Deliberate Indifference Standard Applies to State Created Danger
School aide unknowingly allowing disabled high school student to enter pool attended by lifeguards did not rise to the level of subjective deliberate indifference to support 42 U.S.C. § 1983 claim
Evidence: Rule 702 Admissibility of Expert Testimony When Not “All Methods” Used in Forming Opinions/Admissibility of Statements by a Party in Pretrial Statement & Disclosures
Expert’s personal opinion as to admissibility of his opinions in a court of law irrelevant to question of admissibility & rule of 702 does not require expert use of “all possible methods” in forming opinions/court’s ruling no evident supported a conclusion of an increase in value of business was error where such evident existed in pretrial statement and disclosure statement.
Life 360 Sells Your Location Information. Here Is How to Keep Your Privacy.
For many parents and families, Life 360 is a helpful tool. The app allows users to see the precise, real-time location of friends or family members, including the speed at which they are driving and the battery level on their devices. But it’s likely you have no idea who else may be tracking this data.
Parent With Questions about Kids and Covid Vaccination? Arizona Department of Health Has Answers.
The Arizona Department of Health Services has published a town hall video with COVID-19 experts and partners responding to questions from the public regarding COVID-19 Vaccine, including safety, efficacy and guidance for children and adults.
U of A President Robert "Bobby" Robbins honors Schmidt, Sethi & Akmajian for major donation
President Robert "Bobby" Robbins honored the all-alumni AZ Injury Law team of Schmidt, Sethi & Akmajian for donating $250,000 to help launch the new Tom Mauet Advocacy Center at the Arizona Law School and create the new Kevin R. Boyle Trial Courtroom.
Torts: Tariff Does Not Protect Utility From Liability for Property Damage Caused by Fire
While utilities may escape liability for economic damages caused by a negligent interruption of service through a tariff, they may not escape liability for failing to exercise the highest degree of skill and care resulting in personal injury or property damage.
Arizona Supreme Court Lifts Change of Judge Suspension and Issues Other COVID Related Orders
The Arizona Supreme Court issued its latest in a series of Orders governing judicial proceedings impacted by COVID 19. On November 10, 2021, Chief Justice Robert Brutinel signed Administrative Order 2021-072. This new order replaces Order 2021-109...