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Experience
Litigation
Bayliss v. Contel Federal Systems Inc.
U.S. Court of Appeals for the Tenth Circuit
Defense of action for alleged gender discrimination and breach of employment contract. Judgment for defendant affirmed. 930 F.2d 32 (10th Cir. 1991), 1991 WL 47111 (10th Cir. 1991)
Bernstein v. Star Publishing Company
Court of Appeals of Arizona
Defense of newspaper and reporter in action for alleged defamation and false light invasion of privacy. Summary judgment for defendants affirmed. No. 2 CA-CV 2004-0128
Chapman v. Luna
Defense of action asserting constitutional infirmities in vehicle emissions inspection program. Affirmed in part and reversed in part. 101 N.M. 59, 678 P.2d 687 (1984)
Collins v. Chandler Unified School District
U.S. Court of Appeals for the Ninth Circuit
Prosecution of action challenging the constitutionality of public school prayer. Summary judgment for plaintiff affirmed. Citation: 644 F.2d 759 (9th Cir.), cert. denied, 454 U.S. 863 (1981)
Fidelity National Title Insurance Company, et al. v. Centerpoint Mechanic Lien Claims, LLC, et al.
Superior Court of Arizona, Maricopa County
Representation of insureds in claim for breach of insurance coverage and bad faith. No. CV2011-008600
Henry v. Raycom Media Inc.
U.S. Court of Appeals for the Ninth Circuit
Affirmance of dismissal of defamation, negligence, and invasion of privacy claims against TV station based on statute of limitations. 2006 WL 3611322 (9th Cir.)
Hotel and Casino Located on Tribal Lands
Superior Court of Arizona, Maricopa County
Represented tribal government on claims against design-build contractor to recover for design and construction defects in a resort and casino constructed on the reservation. Case settled on favorable terms shortly before trial.
In re Estate of Spiegel
Representation of Personal Representative in defense of will in $30 million estate against claims of undue influence and incapacity.
Konarski v. Raycom America Inc.
Superior Court of Arizona, Pima County
Arizona Court of Appeals
Defense of television station and employees in action alleging defamation. Summary judgment for defendants affirmed. No. 2 CA-CV 2006-0023 (Ariz. Ct. App. 2006)
LeFevre v. Space Communications Company
Defense of action for alleged tortious contract interference. Summary judgment for defendant affirmed. 771 F.2d 421 (10th Cir. 1985)
MAI Basic Four Inc. v. Basis Inc.
U.S. Court of Appeals for the Tenth Circuit
Prosecution of action for alleged violation of employee intellectual property agreements. Partial summary judgment for defendants reversed. 880 F.2d 286 (10th Cir. 1989)
McClatchy Newspapers, Inc. adv. Becerra
McClatchy Newspapers, Inc. adv. Sawin
Superior Court of California, Fresno County
Superior Court of California, Sacramento County
Representation of newspapers in class actions seeking reclassification of newspaper carriers as employees, rather than independent contractors, and seeking restitution for alleged unreimbursed business expenses. Case No. 08 CECG 04411 KCK / Case No. 34-2009-00033950-CU-OE-GDS
Metropolitan Domestic Water Improvement District v. City of Tucson
Representation of plaintiff water district in suit to nullify 30-year contract for the purchase of treated Central Arizona Project water from the City of Tucson.
National Environmental Services Company v. Tracer Research Corporation
Intellectual property case involving underground storage tank leak detection technology and allegations of trade secret misappropriation.
Star Publishing Company v. Pima County Attorney’s Office
Special action for access to public records. Order granting access affirmed. 181 Ariz. 432, 891 P.2d 899 (1994)
Representation of Navajo Nation
- Assistance of Navajo Nation Department of Justice in drafting briefs to the Navajo Nation District Court and the Navajo Nation Supreme Court in opposition to action seeking to void the 2006 settlement of the Navajo-Hopi land dispute.
- In the wake of 2006 settlement of Navajo-Hopi land dispute and approval of intertribal Compact memorializing settlement, defense of Nation in arbitration disputes brought by Hopi Tribe in 2008 and 2012 seeking interpretations of the Compact by Joint Commission created to resolve such disputes.
- Defense of Navajo Nation officials in suit brought in federal court by Salt River Project seeking to avoid enforcement of Navajo Preference in Employment Act at Navajo Generating Station.
- Member of Navajo Nation collective bargaining teams, by Presidential appointment, in collective bargaining with United Mine Workers of America pertaining to bargaining units in Navajo Nation Executive Branch, Division of Public Safety and Department of Early Childhood Development (including Department of Head Start).
