Civil Procedure Rule 55(a)(3)(B)—Application for Default Need Put Corporation Attorney On Notice Maclean v. Newgioco Group, Inc., No. 1 CA-CV 20-0164 (App. Div. I, March 16, 2021) (J. Portley) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2021/CV%2020-0164%20MacLean%20OP.pdf APPLICATION ...
The Arizona Legislature has passed SB 1377, which provides civil immunity for employers and health care providers for acts or omissions related to “a public health pandemic that is the subject of the state of emergency declared by the Governor.
Diversity Jurisdiction: Removal and Remand Academy of Country Music v. Continental Casualty Co., No. 20-55589 (9th Cir. March 22, 2021) (J.Callahan) https://cdn.ca9.uscourts.gov/datastore/opinions/2021/03/22/20-55589.pdf NOTICE OF REMOVAL TO FEDERAL COURT ON DIVERSITY GROUNDS DOES NOT REQUIRE P...
In the last couple blogs, I have discussed the importance of knowing what and how much coverage you have by requesting your declarations page. Once you get a copy of your Dec Page, it is also important to know what the types and amounts of coverages on that page actually means. Last time we expla...
Starting at 8am on Wednesday, March 22, 2021, registration at Arizona's state-operated COVID-19 vaccination sites in Maricopa, Pima and Yuma counties will be open to all Arizonans 16 and older. Information about all vaccination sites across Arizona can be found here. Those without computer acces...
One year of covid restrictions combined with loosening restrictions at restaurants and bars makes for a power keg of excitement as St. Patrick's Day arrives. Businesses are primed to welcome back customers, and patrons are ready for a little bit of fun and reconnection. But just as there is some ...
Civil Procedure, Torts & HIPAAA: Pleading Claim for Negligent Disclosure of Medical Information Shepherd v. Costco Wholesale Corp., No. CV-19-0144-PR (March 8, 2021) (J. Montgomery) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2021/ASC-CV190144%20-%203-8-2021%20-%20FILED%20-%20OPINION...
Workers Compensation: Work Related Mental Injury France v. The Industrial Comm'n, No. CV-20-0068 PR (March 2, 2021) (J. Gould) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2021/CV200068PR-Amended.pdf WORK-RELATED MENTAL INJURY IS COMPENSABLE IF THE SPECIFIC EVENT CAUSING THE INJURY W...
In a now deleted video of a live domestic abuse pre-trial hearing, viewers were able to see one of the main concerns of virtual/remote court proceedings play out in real time. Extreme threat to personal safety and security was at stake, and it was the quick thinking of the prosecutor and the poli...
In recent weeks, there have been developments in COVID related litigation both around the country and in Arizona.
Effective Friday, March 5, 2021, Arizona is in a next phase of COVID-19 protocols. Governor Doug Ducey issued an Executive Order that spells out the changes, including: For businesses, physical distancing and mask protocols will remain in place, however, specific occupancy percentage limitatio...
What is Liability/Bodily Injury Coverage? Last time, we discussed the importance of knowing what and how much coverage you have by requesting your Declarations Page. Once you get a copy of your Dec Page, it is also important to know what the types and amounts of coverages on that page actually ...
Torts/Contracts: Insurance Bad Faith and Defense of Waiver Cavallo v. Phoenix Health Plans, Inc., No. 1 CA-CV 20-0167 (App. Div. I, February 23, 2021) (J. McMurdie) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2021/1%20CA-CV%2020-0167%20(Cavallo).pdf INSURER MAY RAISE CONTRACT DEFENSE O...
Insurance: Assessment of Reasonableness of Refusal to Consent to Settlement By Insurer Where Insurer Has No Duty to Defend Apollo Education Group, Inc. v. National Union Fire Ins. Co., No. CV-19-0229-CQ (February 17, 2021) (J. Bolick) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2021/...
A federal judge has awarded more than $1 million to a veteran who claims he was sexually abused by a former physician assistant at a VA hospital in Kansas.
Family Law—Appointment of Guardian for Minor with no Surviving Parents.
42 U.S.C. § 1983—Excessive Force Villanueva v. State of Calif., D.C. No. 8:17-cv-01302-JLS-KES (January 28, 2021) (J. Warlaw) https://cdn.ca9.uscourts.gov/datastore/opinions/2021/01/28/19-55225.pdf FREEDOM OF MOVEMENT OF PASSENGER IN CAR IS TERMINATED WHEN POLICE SHOOT AT THE CAR AND QUESTIO...
Ted Schmidt was recently elected to the Arizona State Bar Board of Governors and assigned to chair the Programs and Events Committee of the State Bar's Task Force on Social Justice, Diversity, and Inclusion. That Task Force generated a full report of recommendations for the Bar that were unanimo...
The Schmidt, Sethi & Akmajian January 2021 Newsletter covers topics such as Rule 68, COVID litigation, a recent police brutality settlement and more.
From Pima County's website: "You can help make sure Pima County doesn't miss its shot. As the rollout of the COVID-19 vaccine accelerates, volunteers are needed to help staff the effort to get shots into our citizens' arms and protect our community against the virus. Volunteers at our vaccinatio...
The recent insurrection at the U.S. Capitol has resulted in consequences for lawyers connected to the event. One such person is John Eastman, who was a law professor at Chapman University. He spoke at the “Save America” rally preceding the riot and assisted in several of the lawsuits challengin...
Constitution: Due Process Right to Hearing to Assess Credibility of Witness Solorzano v. Jensen, 1 CA-CV 19-0772 (App. Div. I, December 29, 2020) J. Winthrop IN DECIDING ISSUE REQUIRING ASSESSMENT OF CREDIBILITY OF WITNESS DUE PROCESS REQUIRES COURT ALLOW SWORN LIVE TESTIMONY Father petitioned...
Dev Sethi's fertility fraud case was featured on the cover of the Tucson Weekly. Over the counter, retail DNA testing revealed that our client's physician artificially inseminated her with his own sperm, instead of the anonymous donor sperm that he promised. “It is a gross betrayal of the trus...
City reaches settlement with family of man who died in Tucson police custody.
"What day is it?" asked Pooh. "It's today," squeaked Piglet. "My favorite day," said Pooh. This short yet incredibly famous conversation between Pooh and Piglet is a simple reminder that what stands in front of us, at this very moment, is the most important thing. So important, in fact, that i...
