John has a diverse litigation practice encompassing the issues vital to business in the West. John's practice is in the commercial litigation area emphasizing condemnation, real property, water rights, and business disputes. In addition, John handles insurance coverage and bad faith litigation matters, asbestos defense, and other complex litigation. John's broad base of experience has given him the opportunity to try a number of jury and non-jury trials, arbitrations, and other evidentiary disputes, and to use many alternative dispute resolution mechanisms to resolve litigation when appropriate.
General Business Litigation:
John has extensive litigation experience in resolving disputes for businesses ranging from defense of personal injury and breach of contract claims, to claim arising from industrial accidents and operations, claims arising from corporate transactions and real estate deals.
Examples include successfully dismissing 29 asbestos cases against a client in Multi-District litigation in Pennsylvania, and obtaining a jury verdict of $750,000 on behalf of a plaintiff in an insurance dispute; settling a personal injury case on favorable terms on behalf of a plaintiff who lost his eye after being struck with a hockey puck; and securing summary judgment on behalf of a water district in a dispute with its real estate agent for breach of fiduciary duty.
Condemnation Litigation:
John has worked for large national companies seeking to expand energy operations across multi-state corridors, and has defended companies impacted by proposed condemnation proceedings. John is currently representing a client in the District Court of Nevada seeking to protect the client's interest in a Bureau of Land Management record of decision granting a right of way for a 28-mile water pipeline to supply water to the Reno/Sparks area. He has represented a large gas transmission company in the acquisition of more than 500 properties for an interstate pipeline. John has obtained a jury verdict of over $1,500,000 in a condemnation case in which the state was offering only $20,000, and received a ruling against a school district requiring the school district to condemn property owners' interest in restrictive covenants in an industrial park where the district had planned to build a school.
Water Rights and Environmental Disputes:
Current and recent examples of John's representation include representing a client in Federal lawsuit against the state engineer of Nevada for violations of substantive and procedural due process. The case settled resulting in a significantly favorable result to the client. John has acted as lead trial counsel for a major claimant in the Globe Equity 59 proceeding and in the state's Gila River Adjudication. John recently argued the preclusive effect of the Globe Equity 59 proceeding on interlocutory appeal to the Arizona Supreme Court. In addition, John overturned a trial court judgment in excess of $1,500,000 on appeal to the Ninth Circuit where the Court directed entry of judgment in favor of his client because the Circuit Court found that the client had the ability to pump groundwater under the doctrine of reasonable use.
Appellate Experience:
John has argued and prepared appeals before various appellate courts.
John also had taught for a number of years at Phoenix College in the legal assistant program. John served as a board member of the Juvenile Diabetes Research Foundation (JDRF), Southwest Chapter. The JDRF raises money to support research and education in an attempt to find a cure for diabetes and its complications. One of John's daughters was diagnosed with Type I diabetes when she was 10 years old.
|