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 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...
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...
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 ...
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 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 ...
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...
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...
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...
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 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 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...
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....
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...
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, ...
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...
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 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...
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...
Even before this pandemic caused all the feelings that bring discomfort and raise concern, the modern world was already an extremely stressful place to live in. This is in large part due to worry over whether we are in control, making the right choice, out of the countless choices in front of us...
Tomorrow morning, March 19, 2020, the Pima County Board of Supervisors meets to vote on a special resolution declaring a State of Emergency. This resolution will close bars, gyms, and other venues of public gathering. It will also end sit down dining in restaurants, coffee shops, and food court...
A common question is whether business income/business interruption insurance coverage applies if a governmental authority requires a business to close in response to COVID-19 planning. As a business owner, you should review your policy and consult your agent, but the short answer is likely no. T...
As the Coronavirus (COVID-19) grips our State and Nation, the impact of the pandemic is felt across many aspects of society, including the legal system. The situation is ever-changing, day-by-day and hour-by-hour. As one might imagine, when public gatherings are banned or limited, legal proceed...
Federal Law Preempts Balance Billing Lien Statutes Ansley v. Banner Health Network, No. CV-19-0077-PR (March 9, 2020) J. Bolick https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2020/CV190077PR.pdf ARIZONA STATUTES AUTHORIZING THE RECORDING OF LIENS AGAINST THIRD PARTY TORTFEASORS FOR HO...
Torts: Tribal Sovereign Immunity—“Subordinate Economic Organization” Hwal'Bay Ba: J Enterprises, Inc. v. Jantzen, No. CV 2018-00428 (February 25, 2010) (J. Timmer) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2020/CV190123PR%20FILED.pdf ENTITY CLAIMING TRIBAL SOVEREIGN IMMUNITY AS A ...
