Multiple treating physicians testifying regarding the standard of care in medical negligence case does not violate one expert rule/physician dismissed on summary judgment not indispensable party on cross-appeal of denial of motion to designate said physician as nonparty at fault/failure to disclose treating physician’s expected testimony regarding standard of care requires new trial.
Schmidt, Sethi & Akmajian Blog
School Bus Drivers Now Have A Tool To Report Negligent Drivers Who Run Stop Signs
Remember to stop when children are boarding and exiting a school bus! With school buses in and out of neighborhoods throughout the year, drivers should expect to wait when the bus's stop sign arm is extended while children are boarding and exiting the bus. That seems an obvious point, but Arizon...
Arizona Attorney General Declares 121-Year-Old Abortion Ban Is the Law in Arizona
Yesterday, Arizona's top law enforcement official declared that a century old statute criminalizing all abortion access, except where necessary to save the life of the woman, is the law in Arizona. This approach contradicts Governor Doug Ducey's statements that a newly passed bill allowing abor...
Torts: Hospital Liability as Enterprise Under Vulnerable Adult Statute
Adult Protective Services Act provides private right of action to vulnerable adults who suffer injury or death from neglect, abuse & exploitation & though doctors are not liable under statue, hospital where doctors provided care are in “enterprise” with doctors and potentially can be under the statue
Are autonomous vehicles safer than cars operated by humans?
Autonomous driving technology has arrived and is here to stay. Though it looks promising, it's still developing, and has become a hot topic, even in the legal sector. Though self-driving cars are inevitably the way of the future (and in the long run likely to be safer mechanisms for driving tha...
Preserving Evidence After a Trucking Collision - Time Is of the Essence
Trucking collisions – crashes that involve commercial vehicles, delivery trucks, 18 wheelers, buses, and other larger scale vehicles – are different than a typical car crash. The amount of evidence, both the paper trail and the electronic fingerprints left behind, dwarf what we see in a car w...
Constitution: First Amendment Allows Innominate Juries
Trial court procedure of using innominate prospective & impaneled jurors does not violate the first amendment to the constitution
The Surprising Dangers of Charging Your Phone in Bed
Sleeping with a device is a bad choice from sleep hygiene and mental health perspectives, but from purely a safety standpoint, sleeping with a charging device is downright dangerous.
Jurisdiction: Personal Jurisdiction/Ecclesiastical Abstention Doctrine
Party who directs defamatory communications toward forum state & seeks t interfere with a contract entered into in that state is subject to personal jurisdiction in that state/ecclesiastical abstention doctrine does not apply where plaintiff seeks tort damages unrelated to the governing law of the church
10 Recreational Vehicle Safety Tips
Before you ride off into your summer vacation or take a spin in your RV, scooter, camper, ATV, off-road vehicle, or other recreational vehicle, you need to read these 10 safety tips.
Civil Rights Claim Under 42 U.S.C. § 1983 & Bivens
Civil rights claim under 42 U.S.C. § 1983 & Bivens dismissed where allowing claim could undermine Border Security and where Congress has created other remedies
Medicaid Lien Statutes Allowing Lien for Past & Future Medical Expenses Valid
Florida’s Medicaid lien statute presumptively mandating that 37.5% of personal injury settlement is for past and future medical expenses is valid
Arbitration: Exemption From Mandatory Arbitration for Workers Engaged in Foreign Commerce
Class Action for overtime wages brought by airline ramps supervisors exempt from Federal Arbitration Act because ramp supervisors belong to class of workers engaged in foreign or interstate commerce
Torts: Absolute Immunity of Police Crime Victim Statement
Crime victim statement absolutely immune from tort liability even when victim is police officer.
Torts: Design Professionals’ Duty To Persons Not in Privity
Foreseeability of injury does not create duty for design professional to persons not in privity.
High School Graduation Season - Be Careful
High school graduation season is upon us. Already some local students have crossed the stage and moved their tassels. This time last year, my own daughter graduated from high school. It was a joyful and emotional few days, full of fun and celebration. But we also took a few minutes to understand the risks that come with the event.
Top 10 Pool Safety Tips
When the weather heats up, pool days are right around the corner. Here are the top 10 pool safety tips that you need to know in order to have fun all summer long.
Civil Procedure: Rule 68 Offer of Judgement
Acceptance of offer of judgement made after defendant’s motion for summary judgement was granted but before formal judgement signed is enforceable.
6 Steps To Take After A Motorcycle Accident
No one can fully prepare for an accident, but knowing these 6 steps to take after a motorcycle accident can help you in the long run.
ERISA Preemption of State Law Claims Concerning Management of Pension Plan
ERISA does not preempt breach of contract, professional negligence & breach of warranty claims against 3rd party service provider in its performance of non-discretionary ministerial tasks which do not involve a central matter of plan administration
Ford Recalls Explorer SUVs That Can Roll Away While in Park
This week Ford Motor Company announced a recall of more than 250,000 Explorer SUVs in the United States because they can roll away unexpectedly while in the park position.
2022 Southwest Super Lawyers: Ted Schmidt, Dev Sethi, & Peter Akmajian!
Consistency, dedication, and unparalleled compassion earned Ted Schmidt, Dev Sethi, and Peter Akmajian places on the 2022 Southwest Super Lawyers list!
What You Need to Know about Traumatic Brain Injury
March was Brain Injury Awareness Month, but maintaining brain health is important to consider year round. AZ Injury Law is taking this opportunity to bring attention to preventing Traumatic Brain Injury (TBI) and to promote strategies to improve the quality of for persons living with TBI.
Empower Coalition Contributes Over $70k to Local Veterans' Organizations
In their continued effort to make an impact on our community, Matt Schmidt and the Empower Coalition had the recent honor to present checks totaling $70,000 to seven worthwhile organizations who make the world a better place for the men and women who serve us.
Apple + Arizona Launch First in the Nation ID Wallet Program
Never be without your ID again. Arizona drivers can now store their driver’s license or state ID in their Apple Wallet. This new blog walks you through the process step by step.