Evidence & Torts: Ecclesiastical Abstention Doctrine/False Light Invasion of Privacy & Intentional Infliction of Emotional Distress Christakis v. Deitsch, No. 1 CA-CV 19-0344 (App. Div. I, December 1, 2020) (J. Swann) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2020/1%20CA-CV%2019-0344....
I have been working with University of Indiana Mauer College of Law professor Jody Madeira, investigating and prosecuting a case of fertility fraud. What is fertility fraud? It is a recently discovered phenomenon of doctors who have secretly and without permission impregnated their patients thr...
Torts—42 U.S.C. 1983 Claim for Excessive Force by Police Cortesluna v. Leon, No. 19-15105 (9th Cir., October 27, 2020) (J. Garber) https://cdn.ca9.uscourts.gov/datastore/opinions/2020/10/27/19-15105.pdf POLICE OFFICERS HAVE QUALIFIED IMMUNITY WHEN COURT FINDS THEIR USE OF FORCE WAS OBJECTIVELY ...
Dev Sethi is representing a mother and daughter in a fertility fraud case involving Doctor James Blute III.
Evidence/Civil Proc. R. 26(b)(4)(F)(ii): Treating Doctors as Expert Witnesses in Medical Negligence Cases Haught v. Payson Healthcare, NO. 2-CA-CV 2019 (Az App. Div. I, Ocotober 30, 2020) (J.Vasquez) https://www.appeals2.az.gov/decisions/CV20190150Opinion.pdf IMPERMISSIBLE TO ASK MULTIPLE TR...
UPDATE - 10/14/2020 - The deadline to register to vote in Arizona is 5pm on October 15th. The decision discussed below has been reversed by the 9th Circuit Court of Appeals. If you are not yet registered, you can visit ServiceArizona or the Arizona Secretary of State's website. Original blog: ...
Early voting in Arizona has started and voter enthusiasm is high. Already local officials have reported higher than average numbers of ballots being returned.
Eligible Arizona voters can now register to vote through 5pm on October 23, 2020. Citizens who register before that date will be eligible to vote on Election Day, November 3, 3020. Judge Steven Logan granted Mi Famila Vote and Arizona Coalition for Change's request to extend the voter registrati...
Torts: Qualified Immunity of Police Dispatcher/Citing Vacated Decisions Harianto v. State, No. 1 CA-CV 18-0446 (App. Div. I, September 24, 2020) (J. Brown) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2020/CV18-0446%20Harianto%20OP.pdf ADOT & DPS DISPATCHERS HAVE QUALIFIED IMMUNITY AGAI...
There may never be another time in your lifetime when exercising your right to vote will be more important or easier.
As schools begin to reopen in Arizona, districts are asking parents to sign liability waivers.
Contract Barring Tort Claims Not Enforceable Against Non-Party to Contract/Closely Related Party Doctrine JTF Aviation Holdings Inc. v. CliftonLarsonAllen LLP, No. CV2017-003641 (September 18, 2020) (J. Montgomery) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2020/CV190209PR.pdf Def...
Our September 2020 has arrived! Our attorneys cover the following topics: 'Court Says School May Be Liable for the Off-Campus Murder of a Student' by Ted Schmidt 'Remote Depositions Are Here to Stay & Why I'm All for It' by Dev Sethi 'Jury Trials in the COVID Era' by Peter Akmajian 'Has a S...
Rules of Civil Procedure: Rule 35 Neuropsychological Examination Clayton v. Kenworthy, No. 1 CA-SA 20-0086 (App. Div. I, September 15, 2020) (J. Howe) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2020/SA%2020-0086%20Clayton%20v.%20Hon.%20Kenworthy.pdf RULE 35 DOES NOT GIVE COURT DISCRET...
Evidence: Attorney-Client Privilege/Burden of Proof/Special Master/Crime-Fraud Exception Clements v. Bernini, No. CR-19-0140-PR (September 9, 2020) (J. Brutinel) PARTY CLAIMING ATTORNEY-CLIENT PRIVILEGE MUST MAKE PRIMA FACIE SHOWING PRIVILEGE APPLIES/COURT MAY HOLD HEARING TO DETERMINE WHETHER ...
Torts—Proximate Cause in Dramshop Action Torres v. JAI Dining Services Inc., No. 1 CA-CV 19-0544 (App. Div. I, July 16, 2020) (J. Winthrop) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2020/1%20CA-CV%2019-0544%20-%20Torres.pdf WHERE DRIVER BECOMES INTOXICATED AT BAR THEN DRIVES HOME, SL...
Notice of Claim Deadline Tolled Until Failure of Mediation Standard Constr. Co. Inc. v. State, No. 1 CA-CV 19-0411 (App. Div. I, September 3, 2020) (J. Swann) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2020/1%20CA-CV%2019-0411.pdf WHERE PARTIES ARE CONTRACTUALLY OBLIGATED TO SUBMIT TO...
Evidence: Sham Affidavit Doctrine Perdue v. La Rue, No. 1 CA-CV 19-0657 (App. Div. I, September 3, 2020) (J. Howe) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2020/CV%2019-0657%20Perdue%20v.%20La%20Rue.pdf SHAM AFFIDAVIT DOCTRINE REQUIRES COURT TO DISREGARD AFFIDAVIT FILED IN CONTRADIC...
Restitution Caps and Victim's Rights Slayton v. State, No. CR-19-0118-PR (August 4, 2020) (J. Brutinel) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2020/CR190118PR.pdf CAP ON AMOUNT OF RESTITUTION DEFENDANT MAY BE LIABLE TO PAY IN PLEA AGREEMENT WITHOUT VICTIM'S CONSENT VIOLATES VIC...
Torts—Negligence Per Se Must be Based Upon Specific Legal Requirement Not General Standard of Care Ibarra v. Gastelum, No. 1 CA-CV 19-0597 (App. Div. I, July 23, 2020) (J. Thumma) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2020/CV19-0597%20-%20Ibarra.pdf VIOLATION OF LANDLORD/TENANT S...
Torts—Duty of City, and School District for Off-Campus After School Hours Shooting Dinsmoor v. City of Phoenix, No. 1 CA-CV 19-0045 (App., Div. I, June 30, 2020) (J. Cattani) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2020/1%20CA-CV%2019-0045.pdf SCHOOL-STUDENT RELATIONSHIP MAY GIVE R...
Evidence—Machine Produced Video Not Hearsay State v. Stuebe, No. 1CA-CR 19-0032 (App. Div. I, June 30, 2020) (J. Morse) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2020/CA-CR%2019-0032%20State%20v%20Stuebe%20OP%20-%20FINAL.pdf AUTOMATED E-MAIL & MACHINE PRODUCED VIDEO NOT HEARSAY BECAU...
COVID 19 has upended all our lives in many ways, not the least of which, the lives of our children. Not only has school been abruptly moved from the classroom to the home, but the all important need to recreate and maintain proper physical fitness has been all but eliminated. Pima County re...
Mountainside Fitness, a Phoenix area chain of gyms, defied Governor Doug Ducey's Executive Order directing gyms, among other businesses, to close hoping to stem the increase in Arizona's COVID-19 cases. Mountainside remained open, even in the face of enforcement efforts. With the assistance o...
Evidence: Behavioral Health Professional-Client Privilege In Re MH 2019-004895, No. 1 CA-MH 19-0065 (App. Div. I, June 23, 2020) (J. Brown) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2020/MH%2019-0065%20OP.pdf BEHAVIORAL HEALTH PROFESSIONAL-CLIENT PRIVILEGE PROTECTS INFORMATION OBTAIN...
