Last week a California jury awarded Bryan Stow, a Giant's fan, $18 million for injuries--including brain damage--he suffered when two Dodgers' fans beat him outside of Dodger Stadium following a game. As a part of the verdict, the jury found the Dodgers organization 25% at fault and each attacke...
Schmidt, Sethi & Akmajian Blog
Beware of the Arbitration Clause
Arbitration is a form of what's called alternate dispute resolution (ADR), or a method to resolve a dispute outside of the courts. In an arbitration, the two parties involved in a dispute will present their cases to an arbitrator or panel of arbitrators, and the arbitrator or panel will then rend...
Stay Safe this Fourth.
Have your mechanic check your car before you head out for your Fourth of July road trip.
U.S. Supreme Court Rules on Birth Control Coverage
In a 5-4 split decision, the U.S. Supreme Court ruled today in Burwell v. Hobby Lobby that employers of for-profit organizations do not have to provide coverage to female employees for birth control under the Affordable Care Act requirements if it is against the organization's religious beliefs...
Government Data Gives Local Hospital's Complication and Caregiving Statistics.
Recently, the Department of Health and Human Services released the results of a study that showed that one person in eight develops a “hospital acquired complication.” Here is the link to the study. Examples of hospital caused complications are things like adverse drug events, surgical infectio...
Social Media Enters the Courtroom--Technology vs. Privacy
The American Bar Association Ethics Committee has ruled it is ethical for attorneys to scour the internet for social media data connected to jurors sitting on their case. This ruling has potentially broad and far reaching consequences and just reinforces the rule that the wise are most cautious ...
ATVs are Unreasonably Dangerous
Former UA Wildcat Amy Van Dyken-Rouen was transferred to the world renowned spinal cord injury rehabilitation center at Craig Hospital in Colorado this week. The six time Olympic gold medalist severed her spinal cord two weeks ago while riding an ATV in Show Low. A witness said Van Dyken-Rouen, ...
Mariscos Chihuahua to Host Fundraiser for TSAFC During USA v. Portugal Word Cup Soccer Match
What: TSAFC Fundraiser Where: Mariscos Chihuahua (1009 N. Grande Ave) When: Sunday, June 22, around 3PM (Kickoff time for the USA v. Portugal World Cup match) Kinerk, Schmidt & Sethi are proud supporters of the Tucson soccer community across the board, from youth soccer (including the Tucs...
Remembering Bob Beal
A memorial and celebration will be held to remember our friend and former law partner, Robert A. Beal, on June, 14, 2014 at the Tucson Country Club. It will begin at 3:00pm.
Tips For Dealing With Your Health Insurance Claim
Many of us have had this happen before: your health insurance gladly accepts your monthly premiums, but when it is time for them to cover a major health cost (for example, a surgery), they delay coverage, deny payment or don't cover as much as you thought they would. The process of trying to figh...
Arizona Law: Arizona Courts Rule on UIM/UM law and Rules of Evidence Regarding Expert Testimony
The Arizona courts ruled on two cases this week that have an impact on Arizona tort law. First, in State v. Salazar-Mercado, 687 Ariz. Adv. Rep. 9 (May 29, 2014) (J. Timmer), the Arizona Supreme Court ruled that Rule 702 of the Arizona Rules of Evidence allows expert testimony that will educate...
Night and Weekend Hospitalizations Increase Your Risk of Death
Two recent studies conclude that patients admitted to hospitals on nights or weekends have a significantly increased risk of death. The increased risk ranged from 15% to 22%, and the researchers conclude that poorer care at those times is the most likely explanation.
Kinerk, Schmidt & Sethi Takes Pride in Sponsoring Tucson Youth Sports
Kinerk Schmidt and Sethi takes pride in being a leader in Tucson youth sports. We are blessed to be stewards of the Tucson Soccer Academy and are grateful to the community's overwhelming support in making the Ann Schmidt Kickin' It Clubhouse a reality. We also sponsor numerous other youth sport...
Arizona Court of Appeals Finds Event Organizer Not Responsible for Injury to Patron
In a case decided the first of this month the Arizona Court of Appeals has further addressed the question of when a person or group owes a duty to protect others. InBarkhust v. The Kingsmen of Route 66, Inc., 685 Ariz. Adv. Rep. 29 (App. Div. I, May 1, 2014) a group known as the Kingsmen organiz...
How Can the NBA Force Don Sterling to Sell his Team?
Dev Sethi discusses the legal implications of the NBA's action in response to Donald Sterling's racist rant.
ABA Allows Lawyers to Look at Juror's Social Media Presence
Can a lawyer google potential jurors? The American Bar Association says yes (mostly).
Tucson Welcomes ABOTA National Board Meeting
ABOTA's National Board visits Tucson, and Dev Sethi participates in an important ABOTA CLE, Civility Matters.
Civility Matters
Dev Sethi teaches a national course on the importance of civility in litigation. The seminar was co-sponsored by the State Bar of Arizona and the American Board of Trial Advocates.
NCAA Football Players Take Steps to Unionize
In a groundbreaking move, a majority of Northwestern University football players have filed papers seeking to be recognized as members of a union. Their objective? To have college football players officially categorized as employees in an effort to give them better protections and more power. Th...
Safety Tips for Driving in a Low-Visibility Dust Storm
Recently, the Arizona Department of Transportation (ADOT) and the Arizona Department of Public Safety reminded drivers to err on the side of caution when encountering a low-visibility dust storm. These storms can be incredibly dangerous, so the Tucson car accident attorneys at Kinerk, Schmidt &am...
Kinerk, Schmidt & Sethi, PLLC Supports Arizona Gives Day
For the second year in a row, Arizonans have opened their pocketbooks to support Arizona Gives Day. Started in 2013, this is a day dedicated to philanthropy and supporting worthy non-profits doing great work around our state. Last year close to $1,000,000 was raised in a single day. The 2014 Ariz...
Front-Facing Car Seats: Should You Make the Switch?
As new parents, my wife and I continuously have a million questions running through our heads regarding the safety of our daughter. Her one year birthday marks a huge transitional period where she will wean away from some aspects of her young life and be introduced to new concepts. A forward-faci...
Zohydro: Potentially Dangerous Narcotic Medication
Pain control management is a very important part of modern medicine. Doctors often struggle with their patients' severe pain. They want to provide their patients with safe methods of controlling their often very difficult pain problems. At the same time, many of the medicines they use have seriou...
(Uh-Oh)versharing - The Importance of Honoring a Confidentiality Agreement
The majority of cases we handle for our clients settle before trial. Typically during a settlement conference, where all parties come together with a focus on resolution. In settlement, no party admits fault, and everyone agrees that the deal is being done to avoid risk, uncertainty and ongoing e...
Ted Schmidt Sticks His Head Out for Cancer Research
Inside a packed Ann K. Schmidt Kickin' It Clubhouse, Ted Schmidt, along with nearly 20 other Tucson Soccer Academy coaches, volunteers and youth players, lined up to take a seat in a barber's chair. These men, and young men, had spent the last several weeks growing out their hair and beards while...