To recap -- Dev Sethi -- Murder on a Sunday Morning Matt Schmidt -- 12 Angry Men Today, Jim Campbell weighs in with his thoughts: My favorite law movie is Twelve Angry Men. It shows us the deliberations of 12 men deciding the fate of a young man accused of robbery and murder. It takes place ...
Schmidt, Sethi & Akmajian Blog
Joint Commission Releases 2014 Sentinel Event Statistics
What Is a Sentinal Event? A sentinel event is a Patient Safety Event (not primarily related to the natural course of the patient's illness or underlying condition), that reaches a patient and results in any of the following: Death Permanent harm Severe temporary harm and intervention require...
Ted Schmidt Analyzes Phoenix Torch Ride Fatalites
Phoenix media continues to cover the ongoing developments in the deaths of Josh and Miranda Barela who rode from Farmington, NM to Phoenix for the 16th Annual Chester's Torch Ride benefiting Special Olympics Arizona. This ride kicked off Arizona Bike Week. New documents recently released by Sco...
What is Your Favorite Legal Movie? Part II
Over the next few weeks, we all weigh in on our favorite movies. Here is Matt Schmidt's favorite: 12 Angry Men (1957) I think there is a place in everyone's heart for My Cousin Vinny, but 12 Angry Men is a true black and white classic that is preserved in the National Film Registry by the Libra...
What's Your Favorite Legal Movie?
Dev Sethi talks about his favorite legal movie, Murder on a Sunday Morning.
Important U.S. Supreme Court Cases: McClesky v. Kemp (1987)
The Gist: In Georgia, a black man was convicted of murdering a white man and was sentenced to the death penalty. The black man appealed, claiming that the death penalty had a racially discriminatory impact in violation of the 14th amendment because it applied disproportionately in cases where the...
Gov. Ducey Signs Law Easing Speeding Penalties.
The Arizona Legislature has retired for the session, and Governor Ducey is taking action on their bills. This week, the Governor signed a bill that allows drivers to attend traffic school once a year and in the process wipe out a speeding ticket. Previously, Arizona drivers were limited to this...
Important U.S. Supreme Court Cases: Washington v. Davis (1976)
The Gist: Two black males applied for jobs with the Washington, DC police department and were turned down. They sued, claiming the department's hiring practices were discriminatory. The Supreme Court held that laws must have a discriminatory impact and discriminatory purpose in order to be uncon...
Important U.S. Supreme Court Cases: Brown v. Board of Education (1954)
The Gist: Thirteen parents attempted to enroll their twenty black children into white schools that were located closer to their homes. The Board of Education of Topeka rejected every request and instead referred each child to a segregated school. After 58 years of of stating segregation was const...
Insurance—Underinsured Motorist Coverage Offer Valid W/O Premium Quote
Newman v. Cornerstone National Insurance Co., 708 Ariz. Adv. Rep. 32 (March 18, 2015) (J. Brutinel) STATUTE REQUIRING AUTO LIABILITY INSURERS TO MAKE WRITTEN OFFER OF UIM COVERAGE DOES NOT REQUIRE PRICE QUOTE The plaintiff was involved in an automobile accident where the at fault driver had...
Torts—Duty of University to Students Studying Abroad
Boisson V Arizona Board of Regents, __Ariz. Adv. Rep. __ No. 1 CA-CV 13-05889 (Div. I, MMarch 10, 2015) ( J. Thumma) UNIVERSITY OWES NO DUTY OF CARE TO STUDY ABROAD STUDENTS ON INDEPENDENTLY STUDENT ORGANIZED SIDE TRIP Plaintiffs' decedent died of altitude sickness at the Mt. Everest Base C...
Urinary Tract Infections in Newborns: Signs and Treatment
My wife and I were recently given quite a scare when our newborn son--less than three weeks old--was diagnosed with a urinary tract infection (UTI) and had to spend a week in the hospital. Though UTIs in babies don't happen often, they happen enough that parents should be aware of what to look fo...
Torts—Legal Malpractice—Accrual Statute of Limitations—Failure to Name or Join Party
Hayenga v. Gilbert, 706 Ariz. Adv. Rep 10 (App. Div. I, February 12, 2015) (J. Swann ) LEGAL MALPRACTICE CLAIMS THAT OCCUR “IN THE COURSE OF” LITIGATION DO NOT ACCRUE UNTIL LITIGATION FINALLY RESOLVED—FAILURE TO NAME/JOIN PARTY AND DISCOVER DEFENSE Plaintiff purchased real estate from Gosnell...
Torts—Products Liability: Learned Intermediary Rule Abolished
Watts v.Medicis Pharmaceutical Corp., 705 Ariz. Adv. Rep. 19 (App. Div. I, January 29, 2015) (J. Gemmill) LEARNED INTERMEDIARY DOCTRINE INCONSISTENT WITH AZ COMPARATIVE FAULT & REALITIES OF 21st CENTURY DRUG ADVERTISING Plaintiff alleges she contracted hepatitis and lupus from an acne medic...
Another Death Reported at Sierra Tucson
The Arizona Daily Star looks into another death at Sierra Tucson, the third death at the facility in 13 months. You can view the article here.
Torts—Defamation—False Light--Damages
Desert Palm Surgical Group v. Petta, 704 Ariz. Adv. Rep. 9 (App. Div. I, January 15, 2015) (J. Winthrop) DEFAMATION AND FALSE LIGHT INVASION OF PRIVACY DAMAGE AWARD OF $12 MILLION REQUIRES SUPPORTING EVIDENCE BEYOND PLAINTIFFS' VAGUE, CONCLUSIONARY TESTIMONY Petta had numerous cosmetic surgerie...
Insurance: Bad Faith/Advice of Counsel Defense/Subjective Good Faith Belief/Atty-Client Privilege
Everest Indem. Ins. Co. v. Rea, 704 Ariz. Adv. Rep. 23 (App. Div. I, January 15, 2015) (J. Gemmill) ATTORNEY CLIENT PRIVILEGED WAIVED ONLY IF DEFENDANT AFFIRMATIVELY CLAIMS ITS CONDUCT WAS IN GOOD FAITH BECAUSE IT WAS BASED UPON ADVICE OF COUNSEL Plaintiffs were insureds under an Owner Controll...
Important U.S. Supreme Court Cases: Gang Lum v. Rice (1927)
The Gist: A Chinese-American student in Mississippi was not allowed to attend a white-only school because of her descent, even though there were no schools in the district available for the Chinese. The U.S. Supreme Court ruled the school could nevertheless preclude her. The Details: Martha Lum...
Important U.S. Supreme Court Cases: Berea College v. Kentucky (1908)
The Gist: A college in Kentucky admitted both black and white students without discrimination. The Kentucky government passed a law prohibiting the teaching of black and white students at the same school. The U.S. Supreme Court upheld the law. The Details: Berea College was a private school char...
Important U.S. Supreme Court Cases: Cumming V. Richmond County Board of Education (1899)
The Gist: The only high schools available in Richmond County were for white students only. Plaintiffs brought this suit against the County to stop government funding to the white-only high schools, arguing such funding violated the 14th amendment of the U.S. Constitution. Additionally, they argu...
Honda Pays $70 Million Dollar Fine
I have written about car maker recalls -- most recently about the huge airbag recalls that span nearly every major automaker. Many of these recalls are triggered by analysis of data collected by car makers and overseen by the National Highway Safety Transportation Administration. Under federal ...
Important U.S. Supreme Court Cases: Plessy v. Ferguson (1896)
The Gist: Following the abolition of slavery after the Civil War, many states still enforced laws that segregated black people from white people at public schools, transportation facilities and other services. After being arrested for refusing to vacate a white-only railroad cart, a man with Afri...
Important U.S. Supreme Court Cases: Minor v. Happersett (1875)
The Gist: The Missouri Constitution only allowed men to vote. A woman challenged this law, arguing it was a violation of the U.S. Constitution under the Privileges and Immunities Clause of the 14th Amendment. The Supreme Court held that the protections of the 14th amendment did not include the ri...
Arizona Law: Courts Rule on Medical Marijuana, Improper Jury Instructions, Insurance Law and Public Records Requests
Since my last blog on Arizona law, there have been four new decisions from the Arizona Appellate Courts that have an impact on our personal injury law practice. Here is a quick summary of what you need to know: 1. Arizona law makes it a crime to have a prohibited drug in your system while drivin...
Important U.S. Supreme Court Cases: The Slaughter-House Cases (1873)
The Gist: The Louisiana Government passed legislation creating a monopoly in the slaughterhouse business for one company. Butchers brought suits against this legislation, arguing it violated their 14th amendment rights by depriving them of property without due process of law, denying them equal ...