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...
Last weekend my son and I spent the morning at Pima County Teen Court. Bodhi was a volunteer and served as a juror. He loved it. We will go back. And I will probably start volunteering as a "judge" presiding over the process. A parent/son volunteer organization called boys team charity ho...
Till now the two benchmarks for car safety analysis have been government crash tests and Insurance Institute of Highway Safety analysis. This week a very well-regarded car safety expert and longtime ASU Professor of Engineering has released a new approach. Her website, TheAutoProfessor.com, i...
Most people are fortunate enough to avoid facing trial, let alone being tried six times for the same crime by the same prosecutor. The must listen Season Two of the highly acclaimed "In the Dark" Podcast takes a close look into the story of Curtis Flowers, a black man who has faced six trials f...
Insurance: Medpay Exclusion Providing No Coverage Where Workmen's Compensation Benefits Required Doneson v. Farmers Ins. Exch., __Ariz. App.__,No. 2 CA-CV2017-0174 (App. Div. II, October 3, 2018) (J. Ekerstrom) https://www.appeals2.az.gov/Decisions/CV20170174Opinion.pdf MEDPAY EXCLUSION PROVIDI...
Last week I focused on resources to help evaluate the safety and performance of cars. Today, I share a cool tool that helps a buyer understand the value proposition of a car. Everyone talks about the savings a used car offers. "Let someone else take the depreciation" is a common refrain. Bu...
In Part 1, I shared some of the emotions that come with a driving daughter. I have heard from many friends going through the same crucible, and I have received excellent advice from friends whose kids are already on the road. I appreciate it all. A couple of themes repeat: 1. Expose new driver...
We are experiencing a contentious and highly political process over the president's selection of Judge Brett Kavanaugh to sit on the Supreme Court. Some may think such political fights are a recent phenomenon. It has always been so. In 1795, George Washington nominated John Rutledge of South C...
Civil Procedure—Certifying Class Action Ferrara v. 21st Century N.A. Ins. Co., 799 Ariz. Adv. Rep. 23 (App. Div. II, September 10, 2018) (J. Eppich) CERTIFICATION OF A CLASS FOR CLASS ACTION REQUIRES “NUMEROSITY” OF CLASS MEMBERS AND WHERE CLASS MEMBERS RESIDE IN MULTIPLE STATES A LEVEL OF “COM...
Workers Compensation Unfair Claims Practices Tapia v. The Industrial Comm'n, 797 Ariz. Adv. Rep. 52 (App. Div. II, August 16, 2018) (J. Ekerstrom) SELF-INSURED EMPLOYER ENGAGES IN UNFAIR CLAIMS PRACTICES WHEN IT UNREASONABLY DENIES CLAIM WITHOUT ADEQUATESUPPORTING INFORMATION IN ITS POSSESSION...
At the top of the features list for new drivers -- at least for the parents of new drivers -- is safety technology. The developments brought to market in the past few years make vehicles exponentially safer now than when we started driving. In fact, in most recent years much of the revolution...
Last Sunday the Engage Foundation kicked off its second annual Youth Co-ed Touch Rugby League with over 60 kids from all over town, including kids from the Boys and Girls Club of Tucson, Big Brothers/Big Sisters of Tucson, foster families, the military and the Arizona Schools for the Deaf and Bli...
Our September 2018 Newsletter has been released! Take a look at the following topics 'Is Your Doctor Qualified?' by Peter Akmaijan 'Supreme Court Clarifies Workers Compensation Rules' by Ted Schmidt 'Pima County Increasing Access to Jury Trials' by Matt Schmidt 'Why You Should Vote Yes on...
This is the first installment in a series. Check back as I come to terms with my daughter as a new driver. And I as navigate different issues ranging from choosing a car for a new driver; getting her insured; considering a "driver's contract"; keeping tabs on her behind the wheel; and more. So...
Torts: Viability of Negligence Claim vs Intentional Act Ryan v. Napier, __Ariz. Adv. Rep. __ No. CV-17-0325-PR (August 23, 2018) (J. Timmer) CARELESS DECISION MAKING RESULTING IN INTENTIONAL ACT IS AN INTENTIONAL TORT AND NOT AN ACTIONABLE NEGLIGENCE CLAIM/NEGLIGENCE VS BATTERY Plaintiff McDon...
Schmidt, Sethi & Akmajian is proud to be the Gameday Sponsor for the Engage Foundation, a nonprofit established by Matt Schmidt to teach underprivileged kids how to engage in life by providing new, free and safe opportunities to participate in activities that are challenging, inspiring and underr...
We are proud to announce that our partners have been recognized by Best Lawyers for 2019! Ted Schmidt has been recognized for personal injury, products liability, and medical malpractice Dev Sethi has been recognized for personal injury and products liability Peter Akmaijian has been recog...
Workers Comp Lien—Apportionment of Fault Twin City Fire Ins. Co. v. Leija, __Ariz. Adv. Rep. __ No. CV-17-0280-PR (App. Div. I, August 2, 2018) (J. Pelander) TORT VICTIM HAS NO RIGHT TO POST-SETTLEMENT APPORTIONMENT OF EMPLOYER'S FAULT HEARING TO REDUCE WORKERS COMPENSATION LIEN AGAINST SETTLEM...
Civil Procedure/Federal Torts Claim Act: Discretionary Function Morales v. United States, __F3d__, No. 17-15215 (July 13, 2018) (J. McKeown) US GEOLOGICAL SURVEY DECISION NOT TO MARK A CABLE CONTRIBUTING TO HELICOPTER CRASH DRIVEN BY POLICY CONSIDERATIONS IS DISCRETIONARY FUNCTION RENDERING US...
Civil Procedure: Subject Matter Jurisdiction to Enforce Office of Administrative Hearings Directives Whitmer v. Hilton Casitas Homeowner's Assoc., 795 Ariz. Adv. Rep. 20 (App. Div. I, July 10, 2018) (J. Cattani) WHERE OFFICE OF ADMINISTRATIVE HEARINGS HAS NO JURISDICTION TO ENFORCE ITS DIRECTIV...
