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...
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: ...
