SuperLawyers has included me in my practice areas of plaintiff's personal injury, medical malpractice, and products liability. This is the organization's 20th anniversary, and I am proud to be featured in its special Anniversary Edition magazine. I enjoyed sharing why I do what I do and talking a...
Simms v. Arizona Racing Comm'n, No. CV-25-0079-PR (May 14, 2026) (V.C.J. Lopez) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2026/CV250079PR.pdf?ver=iCQfpN7dbQW6RHbWJSLjtw%3d%3d “SUBSTANTIAL EVIDENCE REVIEW” REMAINS AS STANDARD OF REVIEW FOR SUPERIOR COURT REVIEWING AGENCY ACTIONS DES...
Terborg v. Town of Payson, No. 2 CA -CV 2025-0080 (App. Div. II, November 5, 2025) (J. Eckerstrom) https://www.appeals2.az.gov/decisions/CV20250080OpinionCorrreleased.pdf WHERE NOTICE OF CLAIM DEMANDED “ONE HUNDRED THOUSAND DOLLARS ($250,000)” A.R.S. § 12-821.01(A) IS SATISFIED AS WRITTEN WORD C...
Nunez v. Valente< No. 1 X-a 25-0214 (App. Div. I, April 24, 2026) (J. Jacobs) https://coa1.azcourts.gov/Portals/1/OpinionFiles/Div1/2026/No.%201%20CA-SA%2025-0214%20Nunez%20v.%20Valente.pdf?ver=N1N4CjDLqalZ5yF63xHVwg%3D%3D PARTY SHOULD BE PERMITTED TO WITHDRAW ADMISSIONS DEEMED ADMITTED FOR FAIL...
City of Chandler v. Roosevelt Water Conserv. Dist., No. CV-24-0267-PR (April 28, 2026) (J. Montgomery) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2026/CV240267-PR.pdf?ver=4DTJ00_aCYU8mSJcPYy6hA%3d%3d COMMON LAW DOCTRINE OF NULLUM TEMPUS (TIME DOES NOT RUN AGAINST THE KING) RENDERS 1...
A surgeon in Florida has been charged with second-degree manslaughter because he removed a patient's liver instead of the spleen, which was the intention of the surgery, killing the patient on the operating table. https://www.nytimes.com/2026/04/14/us/florida-surgeon-manslaughter-organ-removal.ht...
Last week I had the opportunity to welcome newly admitted students to the University of Arizona Rogers College of Law. It was Admitted Students' Weekend, and the school put on a great reception at the historic Pima County Courthouse. Excited pre-1L students and their families mingled with faculty...
One of the most common questions clients ask during a personal injury case is: “Why are you so focused on my social media?” After all, social media is how we stay connected to friends and family. It feels personal and casual at the same time. In a lawsuit, it's none of those things. Once you br...
Wagner v. Arizona Municipal Risk Retention Pool, No. 1 CA-CV 24-0562 (App. Div. I, January 7, 2026) (J. Furuya) https://coa1.azcourts.gov/Portals/1/OpinionFiles/Div1/2026/1%20CA-CV%2024-0562%20Wagner%20v.%20Arizona%20Municipal.pdf?ver=A3A_Sik1XegPDINxYwZfyw%3D%3D ARIZONA MUNICIPAL RISK RETENTION...
Clients in medical malpractice cases often tell us they are not suing for money but to “make sure this never happens to anyone else.” The hope is that justice will include accountability to prevent future harm. All too often, however, the justice system and medical regulatory agencies fail to p...
Recently, the New York Times published an investigation about whether there are too many C-Sections performed in the U.S. https://www.nytimes.com/2025/11/06/health/electronic-fetal-monitoring-c-sections.html According to the Times, “[n]early every woman who gives birth in an American hospital is...
For more than 20 years, Schmidt Sethi & Akmajian has put out a quarterly newsletter. We try to hit the sweet spot focusing on ideas that are interesting to both lawyers and our broader community. This is the best one yet because it highlights the amazing non-profit partners our firm supports. Tak...
Frazer Ryan Goldberg & Arnold, LLP v. Mayne, No. 1 CA-CV 24-0706 (App. Div. I, November 19, 2025) (J. Gass) https://coa1.azcourts.gov/Portals/0/OpinionFiles/Div1/2025/1%20CA-CV%2024-0706%20Frazer%20Ryan%20v.%20Mayne%20et%20al%20OP%20(1).pdf REVISED UNIFORM ARBITRATION ACT REQUIRES MOTION TO VACA...
E.H. v. Slayton, 568 P3d 377 (April 30, 2025) (C.J. Timmer) https://law.justia.com/cases/arizona/supreme-court/2025/cr-24-0245-pr.html FUTURE LOST WAGES OF MURDERED CHILD ARE RECOVERABLE AS RESTITUTION TO EXTENT THE AMOUNT HAS A REASONABLE BASIS AND IS NOT PRODUCT OF SPECULATION OR CONJECTURE D...
Clem v. Pinal County, No. 2 CA-CV 2024-0305 (App. Div. II, October 30, 2025) (J. Sklar) https://www.appeals2.az.gov/decisions/CV20240305Opinion.pdf JUROR FRIENDSHIP & POLITICAL SUPPORT FOR DEFENDANT SHERIFF AND DEFENDANT'S TRIAL REPRESENTATIVE NOT “STRUCTURAL ERROR” OR PREJUDICIAL REQUIRING MIST...
Halloween is one of the most exciting nights of the year for Arizona families. But it's also one of the most dangerous. As personal injury attorneys who have seen far too many preventable pedestrian injuries, we know how quickly a fun evening can turn serious. Whether your kids are trick-or-trea...
Henke v. Hospital Dev. of West Phx., Inc., No. CV-24-0259-PR (October 22,2025) (J. King) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2025/CV240259PR.pdf A PRIMA FACIE CASE OF MEDICAL NEGLIGENCE NEED ONLY BE ESTABLISHED BY A PREPONDERANCE OF THE EVIDENCE AND IT IS FOR THE JURY TO CONS...
State v. Alston, No. 1 CA-CR 23-0511 (App. Div. I, October 20, 2025) (J. Brown) https://coa1.azcourts.gov/Portals/0/OpinionFiles/Div1/2026/Alston%20-%201%20CA-CR%2023-0511%20-%20Opinion.pdf UNDER ARIZ.R. EVID. 801(d)(1)(B) PRIOR CONSISTENT HEARSAY STATEMENTS ARE ADMISSIBLE TO REBUT CLAIMED FABRI...
Roebuck v. Mayo Clinic, No. CV-23-0262-PR (September 12, 2025) (J. Beane) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2025/CV230262PR.pdf A.R.S. § 12-516(A)'S BAR OF ORDINARY NEGLIGENCE CLAIMS REGARDING HEALTHCARE PROVIDED FOR PANDEMIC RELATED MEDICAL CARE WHILE ONLY ALLOWING CLAIMS...
McMahan v. Grasshopper Trans. Inc., No. 1 CA-SA 25-0137 (App. Div. I, August 26, 2025) (J. Jacobs) https://coa1.azcourts.gov/Portals/0/OpinionFiles/Div1/2025/No.%201%20CA-SA%2025-0137%20McMahan%20v.%20Grasshopper.pdf FAILURE TO RAISE THE DEFENSE OF INSUFFICIENCY OF SERVICE OF PROCESS IN A MOTION...
Contreras v. Bourke, No. CV 24-0217-PR (August 21, 2025) (J. Cruz) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2025/CV240217PR.pdf ONCE JUDGE RECUSES JUDGE MAY NOT MAKE DECISION ON CASE EVEN IF REASON FOR INITIAL RECUSAL IS ABSENT, WITHOUT GIVING PARTIES NOTICE AND AN OPPORTUNITY TO ...
Maricopa County Special Health Care Dist. v. Jackson, No. 1 CA-SA 25-0068 (App. Div. I, August 7, 2025) (J. Howe) https://coa1.azcourts.gov/Portals/0/OpinionFiles/Div1/2025/%5BFINAL%5D%20Maricopa%20v.%20Jackson%20SA%2025-0068.pdf AA.R.S. § 48-5541 SUBJECTS A SPECIAL HEALTH CARE DISTRICT TO SUIT ...
Cravens v. Montano, No. CV-24-0143-PR (April 29, 2025) (VCJ Lopez) https://scholar.google.com/scholar_case?case=2227252367529046442&hl=en&as_sdt=6&as_vis=1&oi=scholarr LIABILITY COVERAGE FOR A BUSINESS BASED UPON THE NEGLIGENT OPERATION OF A NONOWNED AUTO DEPENDS UPON THE NONOWNED AUTO BE OPERAT...
Garcia v. Ison, No. 1 CA-CV 24-0352 FC (Ct. App. Div. I, July 22, 2025) (J. Cattani) ) https://coa1.azcourts.gov/Portals/0/OpinionFiles/Div1/2025/1%20CA-CV%2024-0352%20FC.pdf PARTY PARTICIPATING IN FRAUD ON COURT TO OBTAIN JUDGMENT CANNOT OBTAIN RELIEF FROM JUDGMENT BASED UPON TRUTH EVEN WHERE A...
The US organ donation system has recently come under fire after reports from Kentucky and elsewhere that patients who still showed signs of recovery were being rushed towards ending their lives for organ donation. See https://www.nytimes.com/2025/06/06/us/kentucky-organ-donations.html The invest...
