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Paul S. Gerding, Jr.

Partner

Paul is Regional Chair of the Litigation Department in the Scottsdale office.

Paul's practice is devoted to complex civil litigation involving contract disputes, insurance, bad faith, declaratory relief, real estate, employment law, health law, securities, business torts, fiduciary breach claims, shareholder disputes, negligence, regulatory, and general commercial matters. He has represented numerous public and private corporations, insurers, financial institutions, governmental entities and agencies, tribal entities, and prominent individuals.

  • Successful defense of single defendant in a class action alleging multiple persons and entities engaged in a widespread captive insurance “conspiracy,” resulting in dismissal of all claims as barred and subject to arbitration, in August of 2019.
  • Complete defense verdict after three-week jury trial in June, 2019, representing five individual health care clients against plaintiffs asserting bad faith and related claims and demands exceeding $10 million at inception. Court awarded Defendants $1,188,955 in attorneys’ fees and costs in final judgment.
  • June 2018 Arizona Attorney Top Arizona Defense Civil Verdict for 2017, a three-month trial resulting in successful defense of an International Airport Authority against multiple initial claims in excess of $200 million dollars resulting in a complete defense verdict and counterclaim judgment for client in excess of $4.9 million. Judgment upheld by Arizona Court of Appeals, and Petition for Review by Arizona Supreme Court denied in 2019, with both courts awarding Defendant fees and costs on appeals.
  • Lead trial counsel in numerous complex commercial matters involving issues of multimillion-dollar liability which were won by dispositive motion or tried to completion.
  • State and federal administrative, trial, and appellate work authorized to practice in all Arizona and Illinois state courts, U.S. District Courts of Arizona, Colorado, and the Northern District of Illinois, U.S. Courts of Appeal, Seventh and Ninth Circuit, and U.S. Supreme Court.
  • Represents businesses and financial institutions in complex contract enforcement.
  • Provides day-to-day advice to employers on a wide array of employment issues, including key employee contracts, wage payment matters, workplace investigations, self-audits, interviewing, drug testing, background checks, record-keeping requirements, application of Title VII, ADA and FMLA, unemployment, and employee discipline.
  • Former Member, Arizona Heart Hospital Institutional Review Board.

Recent Experience

  • Successful defense of single defendant in class action alleging multiple persons and entities engaged in a widespread captive insurance “conspiracy,” resulting in dismissal of all claims as barred and subject to arbitration, in August of 2019.
  • Complete defense verdict after three-week jury trial in June, 2019, representing five individual health care clients against plaintiffs asserting bad faith and related claims and demands exceeding $10 million at inception. Court awarded Defendants $1,188,955 in attorneys’ fees and costs in final judgment.
  • Emergency defense of an insurer against bad faith claims before the bench in a $2.6 million dollar matter, resulting in full indemnity and no client liability, in 2018.
  • June, 2018 Arizona Attorney Top Arizona Defense Civil Verdict for 2017, a three-month trial resulting in successful defense of an International Airport Authority against multiple initial claims in excess of $200 million dollars resulting in a complete defense verdict and counterclaim judgment for client in excess of $4.9 million. Judgment upheld by Arizona Court of Appeals, and Petition for Review by Arizona Supreme Court denied, in 2019, with both courts awarding Defendant fees and costs on appeals.
  • Prosecution of accounting malpractice claim before a jury on behalf of a public entity seeking in excess of $2 million in damages, resulting in settlement payment for client prior to final verdict, in 2013.
  • Defense of bad faith claim on behalf of insurance broker before a jury resulting in $2.1 million verdict for Plaintiff, in 2012, reversed by Arizona Court of Appeals in 2015.
  • Successful defense of corporate officers of public company in securities class action and various derivative actions alleging misrepresentations concerning stock option grants and financial results forecasts from 2006 through 2010.

 

 

  • Martindale-Hubbell®, AV Rated Preeminent attorney
  • "Arizona's Best Lawyers," AZ Business Magazine, 2009 and 2010
  • "Arizona's Top People to Know in Commercial Real Estate," Arizona Commercial Real Estate Magazine, 2009
  • National Eagle Scout Association