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Experience
Litigation
State of Arizona, et al. v. Arizona Board of Regents, et al.
Court of Appeals of Arizona
Superior Court of Arizona
Counsel for Arizona Board of Regents (ABOR) in the Arizona Superior Court and the Court of Appeals of Arizona, defending suit by the State Attorney General concerning ABOR's lease of land to Omni Hotels for the construction of a hotel adjacent to the Arizona State University campus, where the Arizona Court of Appeals affirmed the decision of the Arizona Superior Court to (1) dismiss three counts of the Attorney General's suit on the grounds that he did not have statutory authority to bring those three counts; (2) grant summary judgment to ABOR on the fourth count that alleged a violation of the Arizona Gift Clause on the grounds that the Attorney General's complaint was untimely under the Arizona statute of limitations; and (3) grant ABOR an award of nearly $1 million for attorneys' fees. (Decided April 20, 2021, No. TX2019-000011) ___ Ariz. ___, ___ P.3d ___ (2021)
State of Arizona, ex rel, Mark Brnovich, Attorney General v. Arizona Board of Regents
Supreme Court of Arizona
Counsel for Arizona Board of Regents (ABOR) in the Arizona Superior Court, the Arizona Court of Appeals, and the Arizona Supreme Court, defending suit by the state attorney general alleging that ABOR’s tuition policies violated the state constitution. Agreeing with ABOR’s position, the Arizona Supreme Court affirmed the trial and court of appeals decisions holding that the attorney general did not have statutory authority to bring his constitutional claim. The Supreme Court also remanded for further proceeding the attorney general’s separate challenge to ABOR’s now-abandoned practice of charging in-state tuition to DACA students graduating from Arizona high schools. (Decided November 25 , 2020, No. CV-19-0247) ___ Ariz. ___, ___ P.3d ___ (2020)
B.K. et al. v. Snyder
U.S. Court of Appeals for the Ninth Circuit
Representing children in the Arizona foster care system. The children alleged that Arizona’s state-wide policies and practices deprive them of required medical services, among other things, and thus subject them to a substantial risk of harm. The Ninth Circuit affirmed the district court’s order certifying a class of all children who are or will be in the Arizona foster care system. 2019 WL 1868287 (9th Cir. 2019). A favorable settlement is pending class notice and court approval.
State of Arizona v. Arizona Board of Regents
Arizona Court of Appeals
Superior Court of Arizona, Maricopa County
Representing Board of Regents in two lawsuits challenging tuition policies and real estate transaction under the Arizona constitution.
Murrays v. Billings Garfield Land Company, et al.
U.S. District Court, Montana; U.S. Court of Appeals for the Ninth Circuit; and Montana Supreme Court
Represented mineral owners in dispute over ownership of valuable dinosaur fossils found on a Montana ranch.
Epicenter LLC v. Burford Capital, et al.
U.S. District Court, Arizona; U.S. Court of Appeals for the Ninth Circuit
Defending litigation funding company in dispute with prior client. Obtained order compelling international arbitration and subsequent dismissal. Appeal is pending.
Environmental Litigation and Other Environmental Matters
The Boeing Company v. United States
U.S. District Court for the Central District of California
Recovered $40.75 Million and $7.028 Million, respectively in CERCLA response costs from the U.S. based on the federal government’s involvement in aircraft manufacturing sites during World War II and the Cold War. Case No. 2:16-cv-02416-TJH-JEM (C.D. Cal. April 21, 2016); and Case No. 2:20-cv-06601-CBM-PD (C.D. Cal. Oct. 2, 2020).
Mediation of private CERCLA Claims
Defending Fortune 50 Company in confidential mediations of CERCLA claims totaling more than $100 million at four sites across the country.
Roosevelt Irrigation District v. SRP, et al.
U.S. District Court for the District of Arizona
Defended Corning Incorporated in multi-party private CERCLA cost recovery action seeking $75 million+ in response costs. Nuisance settlement for less than defense costs.
Dawn Mining Company
Representing Dawn Mining in closure of a uranium mine and mill under the supervision of the EPA and the Washington Department of Health, respectively. The matter also includes disputes over property boundaries and other matters with the Spokane Tribe of Indians.
TDY Holdings v. United States
U.S. Court of Appeals for the Ninth Circuit
Co-authored amicus curiae brief on behalf of the National Defense Industry Association seeking reversal of district court opinion allocating 0% of CERCLA response costs to the United States. Reversed and remanded. 885 F.3d 1142 (9th Cir. 2018).
U.S. et al. v. Gila Valley Irrigation District, et al.
U.S. District Court, District of Arizona
Representing irrigation district in water rights litigation arising out of Gila River consent decree.
