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...
Sanchez v. Maricopa County, No. CV-24-0013-PR (July 21, 2025) (J. Montgomery) https://opinions.azcourts.gov/Portals/0/OpinionFiles/Supreme/2025/CV240013PR.pdf COUNTY HAS NO CONTROL OVER DEPUTY SHERIFF AND IS NOT VICARIOUSLY LIABLE FOR DEPUTY CONDUCTING LAW ENFORCEMENT WHO REARENDS PLAINTIFF/COUN...
Phoenix Union High School v. Sinclair, No. CV-24-0307-PR (July 15, 2025) (C.J. Timmer) https://opinions.azcourts.gov/Portals/0/OpinionFiles/Supreme/2025/CV240307PR.pdf SCHOOLS HAVE DUTY TO EXERCISE REASONABLE CARE TO PROTECT STUDENTS WHILE STUDENTS ARE WITHIN THE SCHOOL'S CUSTODY AND CONTROL OR ...
In Re Estate of Bixby, No. 2 CA-CV 2024-0366 (App. Div. II, July 11, 2025) (J. O'Neil) https://www.appeals2.az.gov/decisions/CV20240366Opinion.pdf “XO” AT THE END OF AN ALLEGED TESTAMENTARY NOTE DOES NOT MEET THE HOLIGRAPHIC WILL SIGNATURE REQUIREMENT Decedent left behind two sticky notes befor...
Bradford v. City of Tucson, No. 2 CA-CV 2024-0231 (App. Div. II, May 29, 2025) (J. Kelly) https://www.appeals2.az.gov/Decisions/CV20240231Memo.pdf CITY OF TUCSON NOT IMMUNE FROM PUBLIC & PRIVATE NUISANCE CLAIM REGARDING HANDLING OF HOMELESS CAMP ON CITY PROPERTY/”CONSENTING” TO AN ACTIVITY CREAT...
State Farm Auto. Ins. Co. v. Orlando, No. CV-23-0228-PR (May 29, 2025) (J. Montgomery) https://opinions.azcourts.gov/Portals/0/OpinionFiles/Supreme/2025/CV230228PR.pdf A.R.S. § 20-259.01(B) DOES NOT REQUIRE UIM COVERAGE APPLY TO OFF-ROAD ACCIDENT INVOLVING ATV Defendant suffered a serious leg...
Dodge v. Yavapai County, No. CV-24-0093-PR (May 19, 2025) (J. King) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2025/CV240093PR.pdf ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL HAS ONLY “DISCRETIONARY” DUTIES UNDER A.R.S. §§ 4-210(A)(9), -210.01, & -118 WHICH DO NOT CREATE TORT DU...
Rodriguez-Ramirez v. State, No. 1 CA-SA 230182 (App. Div. I, April 29, 2025) (J. Gass) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2025/Rodriguez-Ramirez%20Final.pdf A.R.S. § 13-4062.3 PRECLUDES ADMISSION OF A CONFESSION MADE BY A PRIEST TO A CO-PRIEST ACTING IN A PROFESSIONAL CAPACITY...
Congratulations to Dev Sethi and Peter Akmajian!Last week federal judges in Arizona recognized both as Pro Bono Lawyers of the Year. The awards were announced at the Arizona District Court Conference in Phoenix. Chief Judge of the Arizona District Court, The Honorable Jennifer Zipps, nominated bo...
