Jones Skelton and Hochuli - Equity Partner

Attorney, Arbitrator

Partner/Associate Attorney, Jones Skelton and Hochuli, 1989-Present; Associate Attorney, Levy Sherwood Klein & Dudley, 1985-1989.

Thirty-six years of experience handling complex litigation, including contract, insurance (including bad faith), professional liability, environmental, construction, tort and real estate.<br/><br/>Contracts: <br/>Represented plaintiff and defendants in numerous domestic and international disputes regarding interpretation and enforcement of contracts. Representative examples include representation, since 2010, of international logistics provider in contract disputes with competitors and former employees, many of cases involved complex intellectual property issues; representation, since 1995, of multi-state homebuilders in disputes with other companies, buyers and governmental entities; representation, since 2011, of largest title insurer in the world in several multi-million disputes with insureds and third-parties, and representation of provider of IT consulting services. Tried many of these cases to conclusion and arbitrated several others.<br/><br/>Insurance: <br/>For the past 30 years, represented many of the largest liability carriers in the world in disputes over contract interpretation, coverage, and bad faith. Representative examples include litigated challenges, on behalf of insurers, to validity and reasonableness of multi-million settlements by insurers, including appellate invalidation, in reported appellate decision, of stipulated $48 million judgment, and defense of numerous carriers in bad faith suits. <br/><br/>Professional Liability: <br/>Since 1990, represented hundreds of attorneys, accountants, engineers, etc. in professional disputes and administrative disciplinary proceedings. Representative examples include representation of accounting firm in multi-million malpractice suit filed by a former professional athlete, and representation of law firm accused of negligently drafting 50-year ground lease, resulting in millions of dollars in loss rent revenue.<br/><br/>Environmental: <br/>Handled several large, toxic tort cases involving alleged groundwater contamination, leaking underground storage tanks and mold. Representative examples include representation of company accused of TCE pollution of groundwater near Tucson Airport, and representation of a large city in Arizona, in 2018, in class action arising out of City’s alleged failure to provide adequate drainage for contaminated water and sewage.<br/><br/>Construction: <br/>In addition to regularly representing real estate sellers and purchasers in contract disputes, and representing contractors before the Registrar of Contractors, have litigated and arbitrated numerous construction disputes. Representative examples include an arbitration between developer and general contractor, which was decided after two weeks of hearings.<br/><br/>Tort: <br/>Litigated virtually every variety of tort dispute, from simple slip-and-fall cases, to product liability cases, to class actions. Representative examples include: successful defense of a renowned former-campaign chief for a U.S. President in a three-week jury trial involving claims of defamation.<br/><br/>Real Estate: <br/>Handled quiet title actions, title disputes, real estate purchase disputes, and ownership disputes. Representative examples include trying to jury verdict a dispute involving $60 million bad faith case arising out of disputed liens recorded against condominium tower.

Presided as Judge Pro Tempore over 100 successful settlement conferences between 2005 and 2021, and served as private mediator in dozens of successful mediations. Subject matter ranged from auto accidents to disputes over ownership of intellectual property, but particular expertise/experience in commercial disputes and professional liability disputes.

Successfully mediated cases in virtually every subject area, including multi-million dollar intellectual property disputes, trade secret cases, construction disputes, and tort cases.

The role of the mediator is more than simply conveying demands and offers. The mediator should have experience in the subject matter in general, should be knowledgeable about the specific dispute, and should be prepared/willing to offer his or her expertise if it would help the process. And although the objective is to achieve a settlement, participants shouldn’t be strong-armed. Regardless of whether the case settles, all parties should feel like they were heard and treated with respect.

Arizona State University - Sandra Day O’Connor College of Law (JD-1985); Arizona State University (BS, magna cum laude-1982).

Admitted to the Bar: Arizona (1985); US District Court: District of Arizona (1995); US Court of Appeals: 9th Circuit (1995).

Maricopa County, Judge Pro Tem, 2004-Present; Member; National Academy of Distinguished Neutrals, Member; American Board of Trial Advocates (membership limited to attorneys with extensive trial experience).

“Mediation Options and Strategies,” PLAN CLE Workshop, 2020; “Living Through Change: How the New Civil Practice Rules Are Working, and How They Will Affect You,” Co-Presenter, State Bar of Arizona Convention, 2019; “Mediation Options and Strategies,” PLAN CLE Workshop, 2018; “Legal Malpractice Strategies (And A Little Music Trivia),” Presenter, AADC CLE Retreat, 2016; “How To Avoid The Hot Seat: Good Claims Handling In Arizona,” Presenter, JSH Annual Seminar: It’s All Fun and Games Until Someone Gets Hurt, 2014; “Arizona Court of Appeals Expands, Then Narrows, Anti-Deficiency Protection,” Author, JSH Reporter, 2014; “Advice For New Associates From a Partner’s Perspective,” Presenter, AADC YLD, 2014; “Rapid Fire Drill: AZ Case Law Updates,” Presenter, JSH Seminar, 2013.

No charge for travel anywhere in metropolitan Phoenix.

$450 Per Hour

English

United States of America

Phoenix, AZ