Joel Herz has a wealth of specialized subject-matter expertise. Yet, he is first and foremost a trial lawyer who strives to remain a generalist. Every case he handles presents a new and unique challenge to master complex factual scenarios. This approach has served our clients well by recovering tens of millions of dollars for businesses and individuals in a broad range of cases involving breaches of contract, business torts, unfair competition and environmental contamination, to name a few. We have represented businesses of every size, from some of the world's largest publicly traded companies, to individual proprietorships and have litigated complex disputes throughout the country.
Environmental Law and Litigation
Having been involved at more than 100 Superfund and other environmental sites throughout the country, we understand the nuances of the regulatory framework established under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), and other federal and local environmental laws, allowing us to effectively litigate CERCLA, RCRA and toxic tort disputes, including those at Superfund sites. We also advise clients on environmental property issues including purchase, sale, and Brownfield issues, in addition to guiding businesses, developers, landowners and other clients through EPA and State enforcement and regulatory processes.
In addition to handling environmental insurance recoveries for environmental clients, we actively pursue a myriad of insurance recovery actions including large dollar disability insurance claims under ERISA. Representative cases include DeSoto, Inc. (DeSoto, Inc. v. Liberty Mutual Insurance Company (1994), United States District Court for the District of New Jersey (“DeSoto/Liberty Mutual I”) (DeSoto, Inc. v. Liberty Mutual Insurance Company (1995), United States District Court for the District of New Jersey (DeSoto/Liberty Mutual II”) and Hicks-Vaughan, M.D. v. Provident Life and Accident Insurance Co., Case No. CV02-77 TUC-JMR, United States District Court, District of Arizona (2002); Clark v. Reliance Standard Insurance Co., et al., Case No. CV 07-00306-TUC-RCC, U.S. District Court, District of Arizona (2007); Zonis v. Allen and Duo Concepts International, Inc. et al. Case No. C2009-030335, Superior Court of the State of Arizona, Maricopa County (2009).
We are a “go to” firm for various Maintenance, Repair and Overhaul (MRO) organizations throughout Southern Arizona handling MRO disputes, aircraft foreclosures and pre-contract advice. We have also represented various aircraft parts suppliers in different types of complex litigation.
We aggressively litigate toxic mold cases against homeowners, builders and apartment complexes including all aspects of recovery against insurance carriers. Significant cases include Gleckler v. Meritage Homes, et al., Case No. C20099727, Superior Court of the State of Arizona, Pima County (2009); Renstrom v. C&N Roofing, et al., Case No. CV2011-000898, Superior Court of the State of Arizona, Maricopa County (2011); and Martino v. Greystar Investment Group, LLC, et al., Case No. CV2011-021036, Superior Court of the State of Arizona, Maricopa County (2011).
Business Law and Contract Advice
We prepare, review and revise contracts before signature, including purchase and sale agreements, real estate agreements, loan documents, employment agreements, non-competition agreements and indemnity agreements. With vast experience litigating contracts, we understand that precision of language is critical, and what language must be included, before any contract is entered into.