The baby powder litigation against Johnson & Johnson has proceeded actively. There have been several important developments.
Talc Litigation Update
Schmidt, Sethi & Akmajian Blog
Evidence: Physician/Patient Privilege in Wrongful Death Action
Evidence: Physician/Patient Privilege in Wrongful Death Action Heaphy v. Metcalf, No. 2CA-SA 2020-0001 (App. Div. II, June 18,2020) (J. Eppich) https://www.appeals2.az.gov/decisions/SA20200001Opinion.pdf MEDICAL RECORDS OF BENEFICIARY IN WRONGFUL DEATH CASE NOT DISCOVERABLE UNLESS BENEFICIARY P...
Missing Money?! Unclaimed Property?!
The State of Arizona sent me a check for $60.84 this week. It was for unclaimed money that was owed to me, and for one reason or another the entity that owed me the money sent it to the state for my benefit. This is not a tax refund or other governmental benefit. It is money that was due to me...
Landmark Decision - Federal Employment Discrimination Law Protects Gay and Transgender Employees
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination "because of sex." Today, in a landmark 6-3 decision, the Supreme Court of the United States ruled that Title VII's ban on discrimination protects gay, lesbian, and transgender employees. Until today, fewer than half o...
Maricopa County Court to Hold Remote Trial
This week put a quick end to any lingering doubt that important business must wait because of COVID related shelter orders and slowdowns of regular operations. The United States Senate Committee on Health, Education, Labor, and Pensions held a wholly remote/video-conference based hearing address...
Ted Schmidt - Top 50 Lawyers in the Southwest
Ted Schmidt was recently honored as a 'Top 50 Lawyer in the Southwest' by Super Lawyers in their latest publication. You can read the full list of other attorneys on their website's digital copy here.
Remote Depositions in the Time of COVID - Rule 30(b)(4)
This blog collects trial court orders allowing remote video depositions over the objection of a party. Check back for updates. The COVID 19 health crisis continues. Courthouses around the nation are operating with skeleton staff to protect the health and welfare of both court staff and the ge...
Torts—Suit Against State—Accrual of Notice of Claim Deadline
Torts—Suit Against State—Accrual of Notice of Claim Deadline Humphrey v. State, I CA-CIV 16-0570 (App. Div. I, April 30, 2020) (J. Brown) NOTICE OF CLAIM DEADLINE ACCRUES WHEN PLAINTIFF KNOWS OR REASONABLY SHOULD KNOW CAUSE OF DAMAGE/WHEN FACTS ARE NOT IN DISPUTE IT IS NOT A QUESTION FOR THE JU...
May 2020 Newsletter
Our May 2020 has arrived! Our attorneys cover the following topics: 'A Path to Happiness' by Dev Sethi 'Good News for Those Having Trouble Serving Their Lawsuit' by Ted Schmidt 'A Journey to the Canal Du Midi' by Peter Akmajian 'Three Things that Make Me Happy About Being Stuck at Home' by...
Liability and Underinsured Motorist Insurance Coverage
In a previous blog, I talked about important factors we consider in evaluating a case. One of the keys is insurance. Today I focus on two common types insurance coverage available under your personal auto insurance policy - how they are different, and how they protect you and your family. Let's ...
Three Keys to Case Selection
Today I am talking about three important factors we evaluate when considering whether a case is right for us. Liability. This is the basic question of who did what wrong. One simple example, an automobile collision where the other driver ran a red light. It's obvious who did what wrong. But ...
Ted Schmidt Elected to the State Bar of Arizona's Board of Governors
Ted Schmidt has been elected to the State Bar of Arizona's Board of Governors. The BOG oversees the policymaking and operations of the Bar. Ted brings a very clear point of view and high standards to the BOG, especially on issues that impact the protection of the public. All who interact with ...
Sapphire of Tucson Nursing & Rehab at the Center of Tucson's COVID 19 Cases
A skilled nursing center adjacent to Banner Kino Hospital and the Kino Sports Complex has become Tucson's Ground Zero for novel corona virus cases. Sapphire of Tucson Nursing & Rehab is a 240 bed facility that provides nursing care and rehabilitation services to patients. On March 30, 2020 n...
Stress Management and Wellness: Ask Why
Three lawyers are asked why they work. The first one says, “To earn my next paycheck.” The second one says, “To continue growing my practice. The last one says, “To help other people.” The first attorney is describing his job. The second attorney is describing her career. The th...
Arizona Allows for Remote Notary
Governor Doug Ducey and Arizona Secretary of State Katie Hobbs announced an Executive Order that allows Arizonans to get documents notarized remotely, while ensuring secure and effective verification processes. Until this order, notaries and signers were required to complete the notarization pro...
FC Tucson Youth Soccer Program 'Not Backing Off' in Midst of Sports Shutdown
Youth soccer is a year-round sport and it probably touches someone in your family or extended family. Ted Schmidt, president of the board of the FC Tucson Youth soccer organization was recently interviewed by the Arizona Daily Star to talk about how they want to help preserve these activities whi...
Rules of Civil Procedure Rule 4(i) Extension of Time to Serve Complaint
Rules of Civil Procedure Rule 4(i) Extension of Time to Serve Complaint Sholum v. Gass, No. CV-19-0149-PR (March 30,2020) (J. Gould) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2020/CV190149.pdf RULE 4(i) REQUIRES EXTENSION OF TIME TO SERVE A COMPLAINT NOT ORIGINALLY SERVED WITHIN...
Stress Management and Wellness: Lift the Anchors and Full Steam Ahead!
Stress management often starts with having a greater awareness about our surroundings in our personal lives and society at large so we not only focus on the positive, but be conscious of the negative in a way that allows us to flip the bad things on their head. For example, awareness that stress...
COVID-19 UPDATE
Since my last blog on “Law in the Time of Coronavirus”, social distancing has become the rule in the legal world. Now, virtually every law firm, including ours, is working remotely. Most court hearings, even telephonic hearings, have been postponed. Judges and court staff are working remotely....
Pima County Courts Restrict Physical Access in Response to COVID-19
On March 26, 2020, the Presiding Judge of the Pima County Superior Court, Kyle Bryson, signed an Administrative Order restricting physical access to the Pima County Superior Court. You can read the full text of the Order here. This is at least the third Order the Pima County Court has issued to...
Stress Management and Wellness: A Positivity Boost
Before a big project, have you ever attempted to get pumped up by agreeing to treat yourself with something nice once the task is complete: a movie, a nice dinner, a glass of wine? In other words, something to look forward to as a motivator to get the job done? Though that is not a bad strategy, ...
A Centralized Resource for Families and Businesses - ArizonaTogether.org
Today the State of Arizona unveiled a comprehensive website, ArizonaTogether, that provides Arizonans easy access to a network of individual and business resources we need as we work though the COVID-19 outbreak. I spent some time exploring it this morning. It is very helpful. There are direct...
Stress Management and Wellness: You Are Not Alone Part II
To know who Rebecca and her crew are, read Part I first or you will be as lost as they are. After a group discussion, Rebecca and the crew agreed that it was time to pick a trail and set out. Carol was the only one who disagreed. She stayed behind with all the food and toilet paper and was short...
We Are In This Together
We are in unprecedented times. We join you, working to navigate the rapidly evolving challenges caused by the coronavirus (COVID-19). Despite the day-to-day uncertainty we all face, Schmidt, Sethi & Akmajian remains fully operational and firm attorneys and staff are working diligently to serve o...
Small Businesses in Arizona Can Get Loan Assistance As a Part of the Disaster Loan Program under the CPRSA
In an effort to fight the Coronavirus, the Coronavirus Preparedness and Response Supplemental Appropriations Act (CPRSA) was passed by the U.S. government this month. In short, $8.3 billion dollars was appropriated to various departments, programs and funds to address the pandemic. As a part of t...