Schmidt, Sethi & Akmajian

Torts—Negligence Per Se Must be Based Upon Specific Legal Requirement Not General Standard of Care

By Schmidt, Sethi & Akmajian

August 4, 2020

Torts—Negligence Per Se Must be Based Upon Specific Legal Requirement Not General Standard of Care Ibarra v. Gastelum, No. 1 CA-CV 19-0597 (App. Div. I, July 23, 2020) (J. Thumma) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2020/CV19-0597%20-%20Ibarra.pdf VIOLATION OF LANDLORD/TENANT S……

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Torts—Duty of City, and School District for Off-Campus After School Hours Shooting

By Schmidt, Sethi & Akmajian

July 14, 2020

Torts—Duty of City, and School District for Off-Campus After School Hours Shooting Dinsmoor v. City of Phoenix, No. 1 CA-CV 19-0045 (App., Div. I, June 30, 2020) (J. Cattani) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2020/1%20CA-CV%2019-0045.pdf SCHOOL-STUDENT RELATIONSHIP MAY GIVE R……

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Evidence—Machine Produced Video Not Hearsay

By Schmidt, Sethi & Akmajian

July 14, 2020

Evidence—Machine Produced Video Not Hearsay State v. Stuebe, No. 1CA-CR 19-0032 (App. Div. I, June 30, 2020) (J. Morse) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2020/CA-CR%2019-0032%20State%20v%20Stuebe%20OP%20-%20FINAL.pdf AUTOMATED E-MAIL & MACHINE PRODUCED VIDEO NOT HEARSAY BECAU……

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Pima County Clarifies Mask Requirements for Athletic Activities

By Schmidt, Sethi & Akmajian

July 10, 2020

COVID 19 has upended all our lives in many ways, not the least of which, the lives of our children. Not only has school been abruptly moved from the classroom to the home, but the all important need to recreate and maintain proper physical fitness has been all but eliminated. Pima County re……

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Court Upholds Ducey's Executive Order Closing Gyms – Mountainside Fitness v. Ducey

By Schmidt, Sethi & Akmajian

July 7, 2020

Mountainside Fitness, a Phoenix area chain of gyms, defied Governor Doug Ducey’s Executive Order directing gyms, among other businesses, to close hoping to stem the increase in Arizona’s COVID-19 cases. Mountainside remained open, even in the face of enforcement efforts. With the assistance o……

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Evidence: Behavioral Health Professional-Client Privilege

By Schmidt, Sethi & Akmajian

June 30, 2020

Evidence: Behavioral Health Professional-Client Privilege In Re MH 2019-004895, No. 1 CA-MH 19-0065 (App. Div. I, June 23, 2020) (J. Brown) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2020/MH%2019-0065%20OP.pdf BEHAVIORAL HEALTH PROFESSIONAL-CLIENT PRIVILEGE PROTECTS INFORMATION OBTAIN……

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Talc Litigation Update

By Schmidt, Sethi & Akmajian

June 25, 2020

The baby powder litigation against Johnson & Johnson has proceeded actively. There have been several important developments.…

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Physician/patient privilege in wrongful death action

By Schmidt, Sethi & Akmajian

June 19, 2020

Heaphy v. Metcalf, No. 2CA-SA 2020-0001 (App. Div. II, June 18,2020) (J. Eppich) https://www.appeals2.az.gov/decisions/SA20200001Opinion.pdf MEDICAL RECORDS OF BENEFICIARY IN WRONGFUL DEATH CASE NOT DISCOVERABLE UNLESS BENEFICIARY PUTS MEDICAL CONDITION AT ISSUE/THAT LIFE EXPECTANCY OF BENEFICIARY IS AT ISSUE DOES NOT MAKE RECORDS DISCOVERABLE The surviving wife brought a medical malpractice wrongful death action on her own behalf and on behalf of the decedent’s three adult children. Defendants sought production of the beneficiaries’ medical records claiming that by virtue of their claim for lost companionship they had put their life expectancy at issue and their medical records might be relevant on…

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Missing Money?! Unclaimed Property?!

By Schmidt, Sethi & Akmajian

June 17, 2020

The State of Arizona sent me a check for $60.84 this week. It was for unclaimed money that was owed to me, and for one reason or another the entity that owed me the money sent it to the state for my benefit. This is not a tax refund or other governmental benefit. It is money that was due to me……

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Landmark Decision – Federal Employment Discrimination Law Protects Gay and Transgender Employees

By Schmidt, Sethi & Akmajian

June 15, 2020

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination “because of sex.” Today, in a landmark 6-3 decision, the Supreme Court of the United States ruled that Title VII’s ban on discrimination protects gay, lesbian, and transgender employees. Until today, fewer than half o……

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Maricopa County Court to Hold Remote Trial

By Schmidt, Sethi & Akmajian

May 14, 2020

This week put a quick end to any lingering doubt that important business must wait because of COVID related shelter orders and slowdowns of regular operations. The United States Senate Committee on Health, Education, Labor, and Pensions held a wholly remote/video-conference based hearing address……

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Ted Schmidt – Top 50 Lawyers in the Southwest

By Schmidt, Sethi & Akmajian

May 11, 2020

Ted Schmidt was recently honored as a ‘Top 50 Lawyer in the Southwest’ by Super Lawyers in their latest publication. You can read the full list of other attorneys on their website’s digital copy here. …

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Remote Depositions in the Time of COVID – Rule 30(b)(4)

By Schmidt, Sethi & Akmajian

May 8, 2020

This blog collects trial court orders allowing remote video depositions over the objection of a party. Check back for updates. The COVID 19 health crisis continues. Courthouses around the nation are operating with skeleton staff to protect the health and welfare of both court staff and the ge……

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Torts—Suit Against State—Accrual of Notice of Claim Deadline

By Schmidt, Sethi & Akmajian

May 7, 2020

Torts—Suit Against State—Accrual of Notice of Claim Deadline Humphrey v. State, I CA-CIV 16-0570 (App. Div. I, April 30, 2020) (J. Brown) NOTICE OF CLAIM DEADLINE ACCRUES WHEN PLAINTIFF KNOWS OR REASONABLY SHOULD KNOW CAUSE OF DAMAGE/WHEN FACTS ARE NOT IN DISPUTE IT IS NOT A QUESTION FOR THE JU……

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May 2020 Newsletter

By Schmidt, Sethi & Akmajian

May 4, 2020

Our May 2020 has arrived! Our attorneys cover the following topics: ‘A Path to Happiness’ by Dev Sethi ‘Good News for Those Having Trouble Serving Their Lawsuit’ by Ted Schmidt ‘A Journey to the Canal Du Midi’ by Peter Akmajian ‘Three Things that Make Me Happy About Being Stuck at Home’ by……

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Liability and Underinsured Motorist Insurance Coverage

By Schmidt, Sethi & Akmajian

May 1, 2020

In a previous blog, I talked about important factors we consider in evaluating a case. One of the keys is insurance. Today I focus on two common types insurance coverage available under your personal auto insurance policy – how they are different, and how they protect you and your family. Let’s ……

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