23,400 crib and toddler mattresses by Dream On Me have been recalled according to Consumer Reports. The beds failed to meet federal flammability standards and were sold on Amazon.com, Kohls.com, ToyRUs.com, Walmart.com, and Wayfair.com from January 2016 through December 2016. To read more about...
Schmidt, Sethi & Akmajian Blog
State of the State Courts Survey Analysis Results
The National Center for State Courts (NCSC) contracted with GBA Strategies to conduct a comprehensive public opinion survey of 1,000 registered voters in order to gauge current levels of public trust and confidence in the state courts. Here are some of the most surprising findings: Nearly ...
URGING SHERIFF TO ISSUE CITATIONS AND A PROSECUTOR TO PROSECUTE THOSE CITATIONS FOR A LEGITIMATE PURPOSE DOES NOT CONSTITUTE ABUSE OF PROCESS
Torts: Abuse of Process Fappani v. Bratton, 778 Ariz. Adv. Rep. 8 (App. Div. I, November 16, 2017) (J. Brown) Plaintiff built a private dirt motorbike track on his property for use by his children. Defendant successfully urged the Maricopa County Sheriff to issue two citations for excessive no...
Do I have a case? Part I: The First Main Element of Case Evaluation
The situation of every person who calls us or walks through our door is unique. Every case is different, and a book could be written on the amount of factors that go into evaluating whether someone has a case. Almost every case we look at, however, must contain at least three main elements to jus...
Default Judgements; Jurisdiction
Civil Procedure/Constitutional Law—Personal Jurisdiction Smith amp; Wesson Corp. v. The Wuster, __Ariz. Adv. Rep. __ No. 1CA-CV 160378 (App. Div. I, November 21, 2017) (J. Thumma) A DEFAULT JUDGMENT IS VOID IF NOT SUPPORTED BY WELL-PLED FACTS WHERE DEFENDANT ESTABLISHES IN UNTIMELY MOTION TO ...
SSA Represents Child Victims of Sexual Assault
Dev Sethi represents two young girls, aged 12, who were sexually assaulted by a 70 year old Sierra Vista School District bus driver. That driver has now plead no contest to criminal charges related to his interactions with these girls. This case was recently profiled on KVOA News 4 by Matthew S...
Worker’s Compensation Lien Reduction Based Upon Employer’s Comparative Fault
Twin City Fire Ins. Co. v. Leija, 772 Ariz. Adv. Rep. 17 (App. Div. I, August 31, 2017) (J. Johnsen) INJURED WORKER ENTITLED TO JURY TRIAL REGARDING APPROPRIATE REDUCTION OF WORKERS COMP LIEN BASED UPON EMPLOYERS COMPARATIVE FAULT Victor Leija fell three stories to his death when trying to se...
Schmidt, Sethi & Akmajian Regionally Ranked by Best Lawyers
Our firm has been ranked in two top tier categories by Best Lawyers! They ranked Schmidt, Sethi amp; Akmajian as Tucson Metropolitan Tier 1 for personal injury litigation and medical malpractice law. You can read their official press release about all of the rankings here.
Torts-Federal Preemption of Product Liability Claims Regarding a Medical Device
Conklin v. Medtronics, Inc., __Ariz. Adv. Rep. __ No. 1 CA-CV 16-0252 (App. Div. I, October 19, 2017) (J. Howe) WHERE FEDERAL GOVERNMENT HAS EXPRESSLY PREEMPTED STATE LAWS REGARDING DEFECTIVE DESIGN AND MANUFACTURE OF MEDICAL DEVICES PRODUCT LIABILITY THEORIES WHICH ADD TO OR ARE DIFFERENT FROM...
TORTS: MEDICAL MALPRACTICE EXPERT QUALIFICATIONS
Razor v. Northwest Hospital, LLC, ___Az Adv. Rep. ___ No. CV-16-0134-PR (October 18, 2017) (J. Bollick) DEFENDANT IN MED MAL CASE MAY MOVE FOR SUMMARY JUDGMENT BASED UPON DEFICIENCIES IN PLAINTIFFS EXPERT QUALIFICATIONS UNDER ARS 12-2603 WITHOUT FIRST CHALLENGING THE EXPERTS AFFIDAVIT UNDER AR...
Evidence Rule 615: Invoking Rule of Exclusion/Expert Witnesses
Spring v. Bradford, __Ariz. Adv. Rep. __, No. CV-17-0068-PR (October 23, 2017) (J. Pelander) WHERE PARTY VIOLATES COURT ORDER EXCLUDING WITNESSES FROM HEARING OTHER WITNESS COURT TESTIMONY, THERE IS NO PRESUMPTION OF PREJUDICE TO THE OPPOSING PARTY/ABSENT A SHOWING OF ACTUAL PREJUDICE, SUCH AS ...
Dev Sethi Featured in SABA-AZ's New Quarterly Newsletter
Dev Sethi was featured in the inaugural South Asian Bar Association (SABA) newsletter! Take a look at his insightful interview at the link below: SABA-AZ October 2017 Newsletter
Las Vegas Shootings Raise Security Questions.
Las Vegas casinos boast about having the most sophisticated surveillance and security systems in the world. Look up from any casino floor to see that the black domed security cameras are everywhere. So with so many eyes in the sky supposedly watching, why did we have the catastrophic security fai...
The Legalities of Kneeling in the NFL
For the record, this article is not motivated in any way to take a specific moral or political stance on what have been extremely controversial issues. The intent is to clarify what the law is in a social media atmosphere that has made it hard to understand. A lot has been stated regarding wha...
Discovery & Evidence: Attorney Client Privilege in Attorney Malpractice Action
Baird amp; Co., Inc. v. Kutak Rock L.L.P., __Ariz. Adv. Rep.__,No. 1 CA-SA 17-0034 (App. Div. I, September 29, 2017) (J. Swann) PLAINTIFFS ATTORNEY CLIENT PRIVILEGE NOT WAIVED DUE TO ISSUES RAISED IN DEFENDANTS AFFIRMATIVE DEFENSES Defendant Bond Counsel wrote bonds for Underwriters (plainti...
Torts—Sovereign Immunity/Notice of Claim/Statute of Limitations
Swenson v. County of Pinal, 772 Ariz. Adv. Rep. 26 (App. Div. II, August 22, 2017) (J. Vasquez) STATES OBTAINING LIABILITY INSURANCE amp; CONTRACTUAL INDEMNITY DOES NOT EXCUSE COMPLIANCE WITH NOTICE OF CLAIM AND STATUTE OF LIMITATION DEADLINES IN TORT CLAIM AGAINST COUNTY Plaintiffs decedent...
Schmidt, Sethi & Akmajian Fall 2017 Newsletter
The Schmidt, Sethi amp; Akmajian Fall 2017 Newsletter is here! We welcome our new attorney Peter Akmajian as he helps formulate our new firm. We discuss his impressive background along with: Your rights when it comes to being injured by a government worker Law Enforcement Liability and Sect...
A New Arizona Law Firm
We are proud to announce the formation of Schmidt, Sethi & Akmajian, a new Arizona law firm. We welcome Peter Akmajian, and are happy to share our news with you.
Stress Relief 101 by Matt Schmidt
Matt Schmidt recently gave a presentation to law students at the James E. Rogers College of Law. He offered his advice on how to reduce stress and increase happiness in order to become more productive and successful.
The Baseball Rule: Why Fan’s Injured by Foul Balls Can’t Recover
Courts have consistently held that baseball teams are not liable for injuries caused by foul balls because fans accept the risk of being hit.
Beware of Fake Equifax Agents Calling You
The Department of Homeland Security and the Federal Trade Commission have issued a warning about Equifax phishing scams. The Hill (9/14, Chalfant, 1.68M) reports the FTC “issued an alert Thursday warning consumers to beware of phone calls from individuals purporting to be Equifax representatives ...
What Does the Equifax Data Breach Mean to Me?
Yesterday, Equifax announced a cyber security incient potentially impacted 143 million customers in the United States. Equifax is a large, publicly traded credit reporting company. It aggregates sensitive information on nearly every adult in the country. This is a big deal. Equifax did itse...
Arizona Cities Must Try to Repair Streets to Prevent Injury. Yes, That Also Means Fixing Giant Potholes.
Cities that fail to reasonably maintain roads to prevent these types of foreseeable injuries can be held responsible for the harm caused by dangerous roads.
Different Ways Your Claim is Resolved
Most people who come into our office have never been involved in a legal dispute before. They are often surprised to learn how many different ways their case might be resolved throughout the process. They are also surprised to learn the majority of the cases will be resolved without requiring a ...
Beware Of The Dangerous Combination Of Sports Supplements And Dehydration In Our Hot Arizona Weather
Young Arizona athletes already place significant stress on their bodies by working out our extreme heat. This stress is compounded by the use of creatine and protein supplements. Together, they can be a toxic combination that can cause severe injuries due to dehydration and muscle breakdown. The Academy of Orthopedics warned, “It may be dangerous to take creatine supplements while undergoing dehydration (for example, for wrestling competition) or when trying to lose weight.”