KEVIN M. JUDISCAK - SHAREHOLDER

superlawyers

kmj@eblawyers.com
602.271.9090 MAIN
602.222.4987 DIRECT
602.222.4999 FAX
3636 North Central Avenue
Suite 700
Phoenix, Arizona 85012

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Practice

Commercial Litigation
Creditor Rights
Loan Workouts

Commercial Landlord Tenant Law
Real Estate

Education

University of Notre Dame, J.D., magna cum laude 1989 and member of the Notre Dame Law Review
University of Colorado, B.S., summa cum laude 1985

Admissions

Arizona-State and Federal Courts.
Appointed Judge Pro Tempore for the Superior Court in Maricopa County, 2009 through present.

Assisted By

Heidi A.

PDF Bio
“pdf”

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.

 

Focus

To achieve excellent results for clients involved in challenging business disputes, whether through litigation, arbitration, mediation and/or negotiated settlements.

 

Clients

Bankers

Commercial Landlords

Commercial Lenders

Doctors and Physician Owned Groups

Financial Institutions

Franchisees

Private Education and Charter Schools

Property Managers

Real Estate Brokers (Commercial and Residential)

Real Estate Developers

Shopping Centers

 

Industries

Banking and Finance

Business

Franchising

Healthcare

Real Estate

 

Professional

State Bar of Arizona, Trial Practice Section

Arizona Association of Defense Counsel

Appointed Judge Pro Tempore to the Superior Court in Maricopa County, 2009 through present

 

Recognition

Southwest Super Lawyers®, Business Litigation, 2010-2017

 

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

 

Published Opinions

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

Publications

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