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
Schmidt, Sethi & Akmajian Blog
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.
42 U.S.C. § 1983 Claim Arising Out of Police Shooting
Police shooting must be “objectively reasonable”—fourth amendment constitutional rights are violated if suspect is shot when posing no immediate threat to others/failure to give warning before shooting.
Torts—Dram Shop Liability Under A.R.S. § 4-312
A.R.S. § 4-312(B) preempts common law dram shop claims in Arizona requiring proof a licensee sold alcohol to an “obviously intoxicated” person for a dram shop claim to stand
Former Nurse Found Guilty of Negligent Homicide in an Accidental Injection Death of Patient
A former nurse in Nashville, Tennessee was criminally prosecuted for a 2017 fatal drug error, and the case has sparked much discussion about whether medical errors should lead to criminal—as opposed to civil—liability.
Criminal Superseding Intervening Cause Defense
When victim’s conduct occurs simultaneously with defendant’s criminal conduct it cannot be a superseding intervening cause.
Arbitration: Fraudulent Inducement/Unconscionability/Separability Doctrine
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.
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...