The Gist: During World War II and following Pearl Harbor, President Franklin D. Roosevelt ordered (Executive Order 9066) 110,000 Japanese Americans into internment camps, arguing it was to protect the nation from its war enemies. The Supreme Court held that Executive Order 9066 was constitutional...
Schmidt, Sethi & Akmajian Blog
Study Confirms That Patients At Greater Risk For Medical Malpractice When They Go to the Hospital On The Weekend
Have you ever worried that the care you get at a hospital during the weekend is substandard. Well, you have reason to. A recent study from the BMJ Quality and Safety Journal looked at the rates of mortality (death) for patients admitted into the hospital during the weekend. They found that for...
Stop the Madness: The Latest Facebook Privacy Hoax
The latest Facebook privacy hoax is upon us. They seem to surface every year or two. And one is back, today. Like a bag of microwave popcorn, it starts with a few pops here and there before building to a rapid fire crescendo. You probably started seeing the hyper-technical posts earlier today...
Insurance—Portability & Scope of Statutorily Required UIM Coverage—Commercial Vehicle
Bambrell v. IDS Property & Cas. Ins. Co., 721 Ariz. Adv. Rep. 24 (App. Div. II, September 9, 2015) (J. Miller) UIM COVERAGE IN PERSONAL AUTO POLICY IS NOT PORTABLE AS TO INJURY IN COMMERCIAL VEHICLE In 2011, Frank Gambrell was driving a semi-tractor tanker, transporting milk for his employ...
Medical Malpractice Expert May Be Asked About Personal Practices/Deadline to File Motion For New Trial/Final Appealable Judgment
Jaynes v. McConnell, 721 Ariz. Adv. Rep. 20 (App. Div. I, September 15, 2015) (J. Gemmill) DEADLINE FOR FILING MOTION FOR NEW TRIAL NOT TRIGGERED UNTIL FINAL APPEALABLE JUDGMENT ENTERED/DEFENDANT'S MEDICAL EXPERT MAY BE ASKED ABOUT PERSONAL PRACTICES Plaintiff sued her colorectal surgeons for n...
Important U.S. Supreme Court Cases: Shelby County v. Holder (2013)
The Gist: To regulate racial discrimination, the Voting Rights Act of 1965 required historically discriminatory local and state governments to get federal approval before changing any of their voting laws or protocols. Selection of which states and local governments had to abide by this was deter...
1 in 5 Female Undergraduates Report Being Sexually Assaulted or Harrassed
More than 20 percent of female undergraduates at wide sample of top-rated universities said this year that they were victims of sexual assault and misconduct, re-affirming findings elsewhere, according to one of the largest studies ever of college sexual violence. The American Association of Univ...
Why Your Doctors Won't Talk To Us, And What We Do To Make Sure The Jury Understands Your Injuries And Medical Treatment
Doctors and lawyers often mix like oil and water. It is no secret many doctors view lawyers with skepticisms at best and contempt at worse. Much of this animosity is because lawyers expose a doctor's malpractice when he or she seriously harms or kills a patient. While this underlying tension ...
Civil Procedure/Medical Malpractice: Required Qualifications of Expert/Right to Substitute New Expert
Preston v. Amadei, 720 Ariz. Adv. Rep. 22 (App. Div. I, August 27, 2015) (J. Brown) STANDARD OF CARE EXPERT IN MEDICAL NEGLIGENCE MUST ENGAGE IN CLINICAL PRACTICE IN SAME SPECIALTY AS DEFENDANT BUT IF EXPERT IS FOUND UNQUALIFIED PLAINTIFF MUST HAVE REASONABLE TIME TO SUBSTITUTE NEW EXPERT THAT I...
Torts—Uncontrolled Airport Has No Duty To Aircraft Once Airborne
Ritchie v. Costello, 720 Ariz. Adv. Rep. 19 (App. Div. I, August 25, 2015) (J. Portley). NO DUTY TO BUSINESS INVITEE ONCE HE LEAVES PREMISES The City of Cottonwood sponsored a hot air balloon event from their uncontrolled airport (which had no tower or air traffic control). Plaintiff Ritchie an...
Torts—Medical Malpractice/Vulnerable Adult/ Punitive Damages/Attorneys’ Fees
Newman v. Select Specialty Hospital-Arizona, Inc., 720 Ariz. Adv. Rep. 12 (App. Div. I, September 1, 2015) (J. Gemmill) PUNITIVE DAMAGE INSTRUCTION APPROPRIATE WHERE NURSES FAILED TO CARE FOR BED SORE KNOWING THE FAILURE CREATED A SUBSTANTIAL RISK OF SIGNIFICANT HARM/RIGHT TO ATTORNEYS' FEES IS ...
Insurance: Morris Agreement on Mechanic’s Lien Against Title Insurer
Fidelity Nat'l Title Ins. Co. v. Centerpoint Mechanic Lien Claims, LLC, 720 Ariz. Adv. Rep. 8 (App. Div. I, August 27, 2015) (J. Cattani) MORRIS AGREEMENT INVALID WHEN MADE BETWEEN INSURED AND ENTITY IT CONTROLLED FOR AN AMOUNT GREATER THAN WHAT WAS PAID TO PURCHASE LIEN AND WHERE INSURED HAD NO...
Arizona Legislature Ignores Its Constitutional Obligation to Fund Schools
Sen. Andy Biggs' recent suggestion that current education funding is acceptable because “some schools are excelling” is faulty. These schools succeed in spite of the state's neglect, because of local taxpayers who pass bonds and overrides, and volunteers who donate their services, time, money an...
KSS Files Suit Involving Falling Meteor
Dev Sethi represents a University of Arizona student who lost his pinkie finger along with the use of his left hand after it was crushed by a falling meteor. The meteor, a specimen from the Canyon Diablo Meteorite was on display inside the Flandrau Planetarium. Read more in the Arizona Republic.
Important U.S. Supreme Court Cases: Grutter v. Bollinger (2003)
The Gist: The University of Michigan Law School used race as one of many factors in evaluating applicants. A white applicant who was denied admission sued, claiming the use of race as a factor was discrimination that violated her Fourteenth Amendment and Civil Rights. The Supreme Court disagree...
Guardianship for Plaintiff Without Home State Who Has Disappeared
Woestman v. Russell, 718 Ariz. Adv. Rep. 26 (App. Div. I, July 28, 2015) (J.Howe) GUARDIANSHIP APPROPRIATE WHERE PLAINTIFF HAS DISAPPEARED, HAS NO “HOME STATE” AND HAS SIGNIFICANT CONNECTION WITH ARIZONA Plaintiff Bryan, a mentally incompetent individual, was injured in a car accident and sued ...
Torts/Constitutional Law—First Amendment Defense to Emotional Distress Claim
Rodriquez v. Fox News, LLC, 718 Ariz. Adv. Rep. 14 (App. Div. I, August 4, 2015) (J. Johnsen) FIRST AMENDMENT BARS TORT CLAIMS RELATED TO NEWS REPORT OF CONCERN TO PUBLIC This negligent and intentional infliction of emotional distress claim was brought on behalf of children who inadvertently wa...
Non-Hospital Medical Lien Perfected by Recordation Within 30 Days of Services
Premier Physician's Group, PLLC v. Navarro, 718 Ariz. Adv. Rep. 17 (App. Div. I, July 28, 2015) (J. Norris) NON-HOSPITAL MEDICAL LIEN PERFECTED RETROACTIVELY & PROSPECTIVELY IF RECORED WITHIN 30 DAYS OF SERVICE A third party was in a car accident involving another vehicle driven by Navarro....
Jurisdiction Over Foreign Trustee
Hoag Charitable Remainder Unitrust v. French, 719 Ariz. Adv. Rep. 40 (App. Div. I, August 18, 2015) (J. Gould) NO JURISIDICTION OVER FOREIGN TRUSTEE OPERATING OUTSIDE JURISDICTION WHERE TRUSTEE DID NOT REACH OUT TO PLAINTIFF'S STATE OF RESIDENCE TO CREATE A RELATIONSHIP Plaintiff, Wells Fargo B...
Torts—Duty—Homebuilder Has No Duty to Subsequent Purchaser of House for Purely Economic Loss
Sullivan v. Pulte Home Corp., __Ariz. Adv. Rep. __, No CV2010-004898 (App. Div. I, July 28, 2015) (J. Downie) HOMEBUILDER OWES NO DUTY BASED UPON STATUTE OR ORDINANCE TO SUBSEQUENT PURCHASER OF HOME WITH WHOM BUILDER HAS NO CONTRACTUAL RELATIONSHIP FOR PURELY ECONOMIC LOSS Plaintiff purchased ...
Important U.S. Supreme Court Cases: Bush v. Gore (2000)
The Gist: The 2000 Presidential Election between George W. Bush and Al Gore came down to Florida, where the tally was so close (a difference of 1,784 votes in favor of Bush) that Gore demanded a recount. While the recount was taking place, the Supreme Court put a halt to it, ruling a recount woul...
Fiat Chrysler Knew Its Cars and Trucks Could Be Hacked for Eighteen Months
Recently, it was disclosed that hackers were able to remotely shut down various Fiat Chrysler vehicles. Hackers exploited the weakness in the Uconnect infotainment system to remotely disable the cars and trucks. Now the other shoe has dropped. Fiat Chrysler recently admitted it has known of t...
Evidence—Partial or Cropped Video Inadmissible
State v. Steinle, 717 Ariz. Adv. Rep. 27 (App. Div. I, July 23, 2015) (J. Orozco) CROPPED OR EDITED VIDEO INADMISSIBLE IN VIOLATION OF RULE OF COMPLETENESS—FAILURE TO SHOW WHOLE STORY Defendant was charged with first degree murder. The prosecution attempted to introduce into evidence a cell pho...
Civil Procedure: Real Party in Interest Rule 17(a) and Rule 15(a) Motion to Amend
Carranza v. Madrigal, 717 Ariz. Adv. Rep. 23 (July 22, 2015) (J. Brutinel) WHILE TRIAL COURT MUST GIVE REAL PARTY IN INTEREST REASONABLE TIME TO SUBSTITUTE INTO CASE THE SUBSTITUTION MUST BE DONE IN BY A RULE 15(a) MOTION TO AMEND AND SUCH A MOTION MAY BE DENIED FOR UNJUST DELAY AND PREJUDICE TO...
Goodyear Dealt Devastating Sanctions
Goodyear Tire and Rubber Company has a long history of frustrating families and victims of their products. From silent recalls to a litigation tactic designed to prevent victims and their lawyers from communicating and sharing information, Goodyear has developed a sophisticated process designed ...