Separability doctrine requires treating arbitration clause in contract as a separate contract and defenses to enforcing contract must apply too the arbitration clause alone and not the contract as a whole.
Schmidt, Sethi & Akmajian Blog
Torts: Federal Preemption of State Product Liability Tort Claim for Absence of Automatic Emergency Braking in Automobile
Product liability claim brought under Arizona tort law against auto manufacturer for failure to include automatic emergency braking in design of its automobiles is not preempted by federal law.
Evidence: Gatekeeping Standard for Admissibility of Expert Testimony
Trial court screens expert testimony for reliability of methodology and to assure non-speculative but should not serve as fact finder of weigh evidence.
Beware Aftermarket Vehicle Modifications
In general, the automotive aftermarket includes vehicle parts, equipment, replacement tires, service repairs, collision repairs, and accessories sold after the sale of the original vehicle. Often the aftermarket parts are not produced by the original equipment manufacturer.
Top 5 Tips for Hiring the Right Personal Injury Lawyer
Unfortunate events require unmatched experience. You need the best help possible during your worst moments. Check out these top 5 tips for hiring the right personal injury lawyer.
A Road Map for Arguing Damages (Vol. 2): Use the Defendant’s Inconsistencies to Your Advantage
This is the latest in a series discussing how to help jurors fully understand the extent of the defendant's actions and the harms they cause. In the first installment, I started with our most basic and most important guideline – Tell the truth. Today we talk about the power of highlighting the de...
Civil Procedure: Rules 60(b) and 59 Applicability to Challenging Constitutionality of Punitive Damages Award
Trial court lacks jurisdiction to consider rule 60(b) motion attacking constitutionality of punitive damage award where attack must be made via rule 59 motion for new trial filed within 15 days of the entry of judgement.
Evidence: Attorney-Client Privilege
Party asserting attorney-client privilege must make prima facie showing that an attorney-client relationship exists, that communication in question was to seek or give legal advice and that communication was intended to be confidential and was treated as confidential
Injured at a Friend’s or Family Member’s Home? We Can Help.
If you gathered for the holidays, a celebration, or a quick hello but ended up with an injury at a loved one’s home, you can fairly fight for the compensation you deserve.
Torts/Constitution—First Amendment: Defamation Involving Statements Made in Political Race
First amendment protects speech in political advertisement implicating nonpolitical third party.
Restitution: Economic Losses Directly Caused by Criminal Conduct
Attorneys fees incurred by victim to exercise, enforce, and defend rights in criminal proceeding may be recovered in restitution award if directly caused by criminal conduct.
Passenger in an Accident? Here’s What To Do.
Accidents are unexpected. Prepare yourself by reading this blog if you ever, unfortunately, find yourself as a passenger in a car accident.
Civil Procedure/Torts/Govt’l Immunity—Collateral Order Doctrine
Dismissal of defense of derivative sovereign immunity can be addressed on appeal after judgement on the merits so collateral order doctrine does not apply.
Civil Procedure/Specific Jurisdiction
Purposefully directed activities in forum state by defendant must be shown to establish specific jurisdiction within state.
Civil Procedure: No Issue Preclusion Without Final Judgment
There is no issue preclusion created by dismissal with prejudice where there is no final judgement on the merits.
Alumnus Ted Schmidt on Giving Students "A New Day In Court"
Ted is championing “A New Day in Court,” The James E. Rogers College of Law's most ambitious capital undertaking in more than a decade. The project is particularly close to his heart, reflecting more than forty years of teaching, mentoring and coaching students.
A Road Map for Arguing Damages (Vol. 1): Tell the Truth
In this new series, I discuss how we approach presenting damages – how we tell our clients’ stories. Today I start with the most basic rule. Tell the Truth.
Why Left Turns Are the Most Dangerous Maneuver
Left turns are so dangerous that many companies in the business of driving avoid them all together. UPS has famously had a “No Left Turn” policy for over a decade. And there is even growing commentary that left turns should be abolished.
Schmidt, Sethi & Akmajian Donation to Help Start UArizona Law Advocacy Center
The all-alumni firm of Schmidt, Sethi & Akmajian has been a major contributor to the “A New Day in Court” fundraising initiative in support of UArizona Law’s Advocacy program.
Torts: Foreseeability, Duty & Standard of Care in Protecting Students From Sexual Assault
School’s duty to protect students from sexual assault does not require proof assault was foreseeable
Medical Malpractice 2021—Year End Review
When the COVID pandemic first hit in early 2020, we wondered how it would affect our cases and the world of medical malpractice. By mid-2021, trials began to resume live at courthouses throughout Arizona, but unfortunately COVID and its various mutations plus lack of universal vaccinations have proven challenging. It remains to be seen whether the latest wave of COVID and Omicron will result in cancellations of trials again and more difficulties ahead.
Taking Your Dog for a Walk? Keep Your Dog Leashed.
A friendly reminder for all pet owners from Schmidt, Sethi & Akmajian to please keep your dogs leashed when you’re out for a walk and always adequately confined when they’re at home.
Civil Rights: 42 U.S.C. § 1983 Claim for Violation of First Amendment
Police escorting reporter out of protest zone possibly implicating plaintiff’s first amendment rights does not rise to a violation of 42 U.S.C. § 1983 civil rights
Civil Procedure—Federal Court Dismissal as Claim Preclusion to State Court Action
Federal court dismissal based upon subject matter jurisdiction not a judgement on merits so claim preclusion does not apply in state court action.
Civil Rights: 42 U.S.C. § 1983 Claim Subjective Deliberate Indifference Standard Applies to State Created Danger
School aide unknowingly allowing disabled high school student to enter pool attended by lifeguards did not rise to the level of subjective deliberate indifference to support 42 U.S.C. § 1983 claim