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 Blog
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.”
Civil Procedure—Timeliness of Notice of Claim
Civil Procedure—Timeliness of Notice of Claim Cruz v. City of Tucson, 770 Ariz. Adv. Rep. 8 (App. Div. II, August 1, 2017) (J. Vasquez) NOTICE OF CLAIM MUST BE FILED WITHIN 180 DAYS OF WHEN PLAINTIFF KNOWS OR REASONABLY SHOULD KNOW SHE HAS BEEN DAMAGED AND THE CAUSE, SOURCE, ACT, EVENT, INSTRU...
Taylor Swift on Cross Examination
A civil trial in Denver that pits Taylor Swift against a disgraced radio DJ is shining a light on Taylors meet and greets and the abuse performers - especially female performers - are susceptible to. Her testimony is a masterclass in dealing with aggressive cross examination. In 2013 Taylor wa...
Civil Procedure: Failure to Plead Right to Arbitration & Waiver/Application of Federal vs State Law
Security Alarm Financing Enterprises v. Fuller,___ Ariz. Adv. Rep. __, 1CA-CV-16-0255 (App. Div. I, July 6, 2017) (J. Johnsen) WHETHER FAILURE TO PLEAD RIGHT TO ARBITRATION UNDER FEDERAL ARBITRATION ACT CONSTITUTES WAIVER OF THIS RIGHT IS GOVERNED BY FEDERAL LAW WHICH REQUIRES A SHOWING OF PREJU...
CLE Fast Track Trials Training and Seminars by the PCBA
Beginning on October 1, 2017, the Superior Court in Pima County will launch a three-year pilot program designed to resolve less complicated civil claims through the Fast Trial and Alternative Resolution Program (“FASTAR”). Ted Schmidt will be one of the hosts for the training session in August ...
Civil Procedure: Remittitur and Additur
Soto v. Sacco, __Ariz. Adv. Rep. __ No. CV-16-0136-PR (July 13, 2017) (J. Lopez) TRIAL COURT HAS DISCRETION UNDER RULE 59(a)&(i) TO ISSUE REMITTITUR OR ADDITUR OF JURY VERDICT IF IT ADEQUATELY STATES THE GROUNDS AND EXPLAINS ITS RULING WITH SUFFICIENT PARTICULARITY TO AVOID SPECULATION AS TO...
Torts: Negligence Standard of Care for Broker & Contractual Waiver of Right to Jury Trial
BNCCORP Inc. v. HUB Int'l Ltd, __Az. Adv. Rep.__ (App. Div. I, July 11, 2017) (J. Thompson) CONTRACTUAL WAIVER OF RIGHT TO JURY TRIAL INCLUDED CIVIL CLAIMS OF NEGLIGENCE & AFFILIATE TO PARTY TO CONTRACT IS BOUND BY WAIVER/INSURANCE BROKER STANDARD OF CARE DOES NOT REQUIRE ASSESSMENT OF RISKS...