Compulsory Arbitration Appeal—Sanctions Apodaca v. Keeling, __Ariz. Adv. Rep.__, No. 1 CA-CV 18-0416 (App. Div. I, March 19, 2019) (J. Howe) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2019/CV%2018-0416.pdf WHERE A SINGLE COMPLAINT IS BROUGHT IN A SINGLE LAWSUIT COURT MUST EVALUATE WHE...
Duff v. Lee, __Az. Adv. Rep. __No.2 CA-SA 2018-0058 (App. Div. II, March 29, 2019) (J. Starling) https://www.appeals2.az.gov/APL2NewDocs1/COA/817/3465717.pdf RULES IMPLEMENTING FASTAR PROGRAM ARE PROCEDURAL/PROCEDURAL RULES ENACTED BY SUPREME COURT CONTROL OVER STATUTORY PROCEDURAL EDICTS & SUPR...
The Centers for Medicare and Medicaid Services recently released their nationwide hospital scores. Most Tucson area hospitals scored only 2 out of 5 stars. The area's highest rated facility was Oro Valley Hospital, which received 4 stars. Ted Schmidt was interviewed to discuss his concerns with ...
Gibson v. Theut, __Ariz. Adv. Rep. __, No. 1 CA-CV 17-0562 (App. Div. I, March 12, 2019) (J. Perkins) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2019/CV%2017-0562.pdf COURT APPOINTED ATTORNEY AND COURT APPOINTED GUARDIAN AD LITEM MAY BE SUED BY MINOR WARD FOR MALPRACTICE AND DO NOT HA...
Ansley v. Banner Health Network, __Ariz. Adv. Rep. __, No. 1 CA-CV 17-0075 (App. Div. I, March 12, 2019) (J. Johnsen)https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2019/1%20CA-CV%2017-0075.pdf 42 C.F.R. § 447.15 PREEMPTS STATE STATUTES AND PROHIBITS HOSPITALS COLLECTING DIFFERENCE BETWEEN ...
Brittner v Lanzilotta, __Ariz. Adv. Rep. __ No. 1 CA-CV 18-0088 (App. Div. I, March 12, 2019) (J. Campbell) COURT APPOINTED INTERVENTIONIST THERAPIST IN FAMILY COURT MATTER HAS JUDICIAL IMMUNITY FROM CIVIL CLAIMS The defendant was a court appointed therapeutic interventionist who was directed b...
Anderson v. State Farm Mut. Auto. Ins. Co., No 15-35981 (9th Cir. March 8, 2019) (J. McKeown) TIMELY REMOVAL MEASURED 30 DAYS FROM DEFENDANT'S ACTUAL RECEIPT OF INITIAL PLEADING Pursuant to state statute, the plaintiffs served their complaint filed in state court upon State Farm Mutual Automobi...
I can't get enough of the college admissions scandal that broke today. It's disgusting. It's hard enough for kids to navigate the stress of college applications without entitled, meddling parents stealing opportunity. All of this is an insult to the basic issues of fairness that these schools ...
Jackson v. EAGLE KMC L.L.C., __Az Adv. Rep. __ No. CV-18-0056-PR (January 2, 2019) (J. Gould) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2019/Jackson%20v.%20Eagle.pdf LAW OF STATE WHERE WORKERS COMPENSATION BENEFITS ARE PAID DETERMINES ASSIGNMENT RIGHTS OF EMPLOYER AND EMPLOYEE The...
Cold and flu season brings sleepless nights consoling sick, coughing kids. But as you reach for relief inside the medicine cabinet, take care to give the right medicine at the right dose. Research reveals that many are lax when it comes to following dosing instructions on over the counter med...
As the law currently stands, no state can enact laws that unduly hinder a woman's access to abortion. In a 5-4 decision, the US Supreme Court blocked a Louisiana law that required doctors at abortion clinics to have admitting privileges at nearby hospitals. Enforcement of the law would shut down...
I have written before on the selection process for the U.S. Supreme Court and the politics involved in that process. At this moment, with the pending retirement of Arizona Supreme Court Justice John Pelander, the judicial selection process for Arizona's highest court has been set in motion.
A portion of the federal government has been shuttered for over a month now, and consequences are coming into sharp focus. Stories of federal workers on line for food and financial assistance are making the news. Local restaurants here in Tucson are offering free meals to federal workers, to mu...
Recently, we have seen a rise in calls concerning insurance claims denied, policies cancelled, and other legal issues surrounding the insurance industry as a whole. There are a few reasons that might explain this, but the important thing is to be aware that it is happening and know what you can d...
Our January 2019 Newsletter has been released! We cover the following topics: 'Schmidt, Sethi & Akmajian Help Ring in the New Year.' 'Tips for Adding a New Driver to Your Auto Insurance' by Dev Sethi 'Has your Doctor Lost Their License in another State?' by Peter Akmajian 'When Does a Bar ...
Torts: Federal Implied Preemption of Failure to Warn Claim Involving Medical Device Conklin v. Medtronics, Inc., __ Ariz. Adv. __No. CV-17-0322-PR (December 18, 2018) (J. Pelander) FAILURE TO REPORT ADVERSE RESULTS TO FDA REGARDING MEDICAL DEVICE IS IMPLIEDLY PREEMPTED BY FEDERAL LAW ...
A Reuters investigation published today reports that Johnson and Johnson knew that its baby talc powder contained asbestos as early as 1971. The report cites lab documents and internal J&J memos that indicates company executives, mine managers, scientists, doctors, and lawyers all knew about the...
A giant color glossy flier arrived in my mail advertising stem cell therapy seminars taking place all over Southern Arizona. According to this advertisement, stem cell therapy will cure just about anything—knee pain, back pain, neuropathy, COPD and osteoarthritis. The brochure screamed out “Dis...
Schmidt, Sethi & Akmajian was recently featured in the Arizona Daily Star for our donation to the men's soccer team at Pima Community College. For the first time in the program's history, the 2018 team won a National Championship. The team was unable to pay for championship rings, and that is whe...
In an earlier post, I explained the different factors that go into determining what tier a case should go into based on the amount in controversy and the complexity of the case. The new tier system is explained in Rule 26.2 of the Arizona Rules of Civil Procedure. The rules underwent substantial ...
Torts: Intervening Superceding Cause Dupray v. Jai Dining Services, 804 Ariz. Adv. Rep. 11 (App. Div. I, November 15, 2018) (J. Howe) DECISION BY INTOXICATED PERSON TO DRIVE MAY CONSTITUTE AN INTERVENING SUPERCEDING CAUSE TO DRAMSHOP LIABILITY Defendant Pedro Panameno consumed a fifth of bourb...
Torts: Governmental Liability—Police Liability/Evidence—Impeachment with Grand Jury Testimony Spooner v. City of Phoenix, __Ariz. Adv. Rep. __ No.1 CA-CV 17-0500 (App. Div. I, November 27, 2018) (J. Jones) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2019/1%20CA-CV%2017-0500%20Spooner%20...
Here at Schmidt, Sethi & Akmajian, we have been proud sponsors of the Engage Foundation. They just finished a successful 2nd season and were recently featured on the All Sports Tucson website. You can read the full coverage here.
This afternoon, the CDC issued a stark, unambiguous warning -- DO NOT EAT ANY ROMAINE LETTUCE. Not in salads, not in lettuce wraps, not in sandwiches...nothing. The recall is the latest declaration of romaine's danger. Again, this warning, like the ones before, is tied to an outbreak of E.coli...
Civil Procedure--Remittitur Ahmad v. State, __Ariz. Adv. Rep. ___ No. 1 CA-CV 14-0664 (App. Div. I, November 13, 2018) (J. Swann) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2018/1%20CA-CV%2014-0664.pdf TRIAL COURT MUST STATE WITH PARTICULARITY GROUNDS REMITTITUR Plaintiffs brought t...
