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Kevin M. Judiscak joined the firm just after it was formed to develop and chair the firm’s litigation practice after gaining substantial experience from his prior tenure at two of Arizona’s largest firms. He brings a focused and strategic approach to the litigation process, and assists business clients in beneficially resolving pending or threatened disputes.

Kevin litigates varied types of commercial disputes, including:

• Enforcement and defense of interests under commercial loan agreements, guaranties, and collateral agreements;

• Enforcement of creditors’ rights in personal property and real estate collateral through judicial and non-judicial enforcement, including receiverships and provisional remedies;

• Enforcement of real estate contracts, sales agreements and disputes arising in implementation of these agreements;

• Enforcement of rights and obligations in disputes between shareholders, members, or partners in closely held businesses;

• Enforcement or defense of non-compete and other restrictive covenants arising out of employment contracts, shareholder agreements or business sales;

• Enforcement or defense of commercial real estate leases, including forcible entry and detainer / eviction proceedings.

Kevin has represented clients in state and federal courts, bankruptcy court, commercial arbitration proceedings, and mediations. He represents clients at the trial court level, and in the appellate courts, including special actions.

Location

  • 2800 North Central Avenue, Suite 1200
    Phoenix, AZ 85004

Education

  • University of Notre Dame , J.D., graduated 1989
  • University of Colorado, Bachelor of Science, graduated 1985

Bar Admissions

  • Arizona, Arizona State Bar

Court Admissions

  • Arizona State and Federal Courts

Recognized in The Best Lawyers in America® 2022 for work in:

  • Commercial Litigation
  • Litigation - Real Estate

Awards:

  • Selected to Southwest Super Lawyers, Business Litigation, Civil Litigation, 2010 – 2020

Career Highlights

Representation of an Arizona bank in defending a 7-figure lender liability suit.

Representation of prominent developer in litigation over ownership and disposition of numerous real estate partnerships and limited liability companies.

Representation of commercial guarantors in action to enforce 8-figure real estate indebtedness wrongfully commenced by lender.

Representation of leading financial institution in prejudgment repossession of inventory of a rental car company. Representation of a business seller to recover the unpaid purchase price of the sold business.

Representation of the landlord in the high-profile eviction and forcible detainer action against an international subtenant, trial and appeals through the Arizona Supreme Court. The Court of Appeals case prompted a revision of Arizona statute allowing prevailing landlord to recover its attorneys’ fees.

Publications

Arizona Trial Handbook, published by West Group, since 1997. Topics include pretrial motions, evidence, witness examination, mistrial, jury instructions and judgment.

Published Opinions

Camelback Plaza Development, LC v. Hard Rock Café Intl. (Phoenix), Inc., 200 Ariz. 206, 25 P.3d 8 (Ct. App. 2001).

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