Jason M. Kelly

 

Jason M. Kelly

PARTNER

Martindale-Hubbell Peer Rating

 

 

"Many attorneys refer clients to me to handle complex litigation issues. I take the time to understand the case from my client's perspective, the intricacies of the lawsuit, and my client's goals. Together, we work as a team to obtain the best resolution, up to and including courtroom litigation if necessary."

Jason Kelly's litigation experience began while he was still in law school with criminal misdemeanor and felony jury trials. Today, his practices encompasses a wide range of contested matters, from Arizona Registrar of Contractors hearings to arbitrations, civil trials and appeals. In all, he has conducted over 50 trials or arbitrations. (Representative results.)

The Brophy College Prep alumnus focuses his practice on complex litigation, including:

He has earned an AV-Preeminent rating from Martindale-Hubbell and is a Judge Pro Tem in Maricopa County Superior Court. He is Of Counsel to the Yuma law firm of Shadle & Walsma, PLC.

 Representative Cases

Achieved a confidential settlement on a claim against an attorney for abuse of process involving an appeal from a Registrar of Contractors decision.

Successfully terminated a conservatorship, over the objection of the fiduciary, and was awarded attorneys' fees for the fiduciary's wrongful and unreasonable conduct in regard to the conservatorship.

Settled a claim against the Quechan Indian Tribe for $324,000 for the Tribe's failure to pay for fire protection services to the Q Casino pursuant to a contract between the Tribe and the Winterhaven Fire Department.

Negotiated a confidential settlement agreement on behalf of real estate purchasers who were the victims of the negligence of real estate agents and brokers in regard to several real estate transactions, including the sale-leaseback of a commercial property, the purchase of custom model homes, and vacant property that was the subject of a hotel development.

Settled an accounting claim for full value the day that the trial was set to begin.

Recovered nearly $1 million on an insurance bad faith claim in which the insurance company failed to treat its insured with equal consideration during the defense of a lawsuit under a reservation of right.

Settled an insurance bad faith claim arising out of an airplane crash, subject to a confidentiality provision.

Employed as special counsel for a U.S. Bankruptcy Trustee and recovered nearly $500,000 on an insurance policy covering the negligent acts of directors and officers of a bankrupt company.

Employed as special counsel for a U.S. Bankruptcy Trustee and successfully pursued an attorney malpractice action.

Fought for and won insurance coverage for a cancer patient being denied coverage by her health care insurance company.

Obtained an accounting malpractice judgment against a licensed CPA for improper and negligent preparation of tax returns.

Numerous successful defenses of contractors at Arizona Registrar of Contractors proceedings.

Won 100% recovery of life insurance proceeds in a contested interpleader action in which the proper beneficiary of the policy's proceeds was in dispute.

Successful cancellation of a time-share contract, resulting in the consumer not being required to make any payments to the seller.

Successful judgment and injunction against a business buyer for failure to make payments and enjoining the buyer from conducting further business activities in the name of the purchased business.

Preservation of a multi-million-dollar trust estate under attack from a purported beneficiary of the trust assets.

Negotiation of an international licensing agreement with a large sporting supply company.

Defense verdict for a property seller alleged to have engaged in misrepresentation to the buyer and breach of warranty.

 Personal

Outside the practice of law, Jason is a member of the Martial Arts Masters Hall of Fame, and he teaches youth and adult martial arts. His article (left), "3 Ways Padded Weaponry Empowers Students," was published in the June 2014 issue of MA Success magazine.

He is a nationally licensed youth soccer coach, and he volunteers as a youth baseball and basketball coach. His coaching credentials and publications can be found at www.aguidetoyouthsports.com.

In addition, he is a:

  • founding member and current board member of the Arizona Suicide Prevention Coalition

  • founding member and past chair of Youth Suicide Prevention and Education Programs, Inc.

  • legal advisor for the American Kyokushin Karate Organization

  • legal advisor for the United States Chanbara Federation, and

  • member of the St. Francis Xavier School advisory board.

 

 

Direct Line

602-200-1297

Practice Areas

Commercial Litigation

Insurance Coverage and Bad Faith

Personal Injury and Wrongful Death - Plaintiff

Probate and Trust Litigation

Auto Liability

Business Law

Construction Litigation

Construction Defects

Professional Liability

Honors and Awards

Martindale-Hubbell® AV Preeminent® Peer Review Ratingtm

Professional Memberships and Activities

State Bar of Arizona

National Society of Professional Insurance Investigators, Arizona Chapter: Founding Member

Judge Pro Tem, Maricopa County Superior Court

Arizona Celtic Bar Association

Yuma County Bar Association

Bar Admissions

Arizona, 2000

U.S. District Court, District of Arizona, 2000

Representative Cases

Evans Withycombe, Inc. v. Western Innovations, Inc., 215 Ariz. 237, 159 P.3d 547 (App. 2006)

Strawberry Water v. Paulsen, 220 Ariz. 401, 207 P.3d 654 (App. 2008)

Berry v. 352 E. Virginia, LLC, 228 Ariz. 9, 2nd P.3d 784 (App.2011)

More

Of Counsel

Shadle & Walsma, PLC, Yuma, Arizona

Education

J.D., University of Arizona, 2000: Law Review, 1998-2000

B.S.P.A., University of Arizona, 1996

Published Articles

"Proper Claims File Maintenance and its Implications in the New Era of E-Discovery," NSPII, Fall 2007

"The New Landscape of Contractors' Liability Insurance," Arizona Association of Defense Counsel Newsletter, May 2007

"Preservation of Evidence When Conducting an Investigation: Your Rights and Duties," NSPII Newsletter, Spring 2007

"How Far Can You Go? A Primer for Insurance Investigations in Arizona," NSPII Newsletter, Winter 2007

Presentations

"Ethical Considerations in Construction Litigation," Maricopa County Bar Association, June 12, 2013

"Developing Trends in Property and Casualty Insurance Fraud," National Society of Professional Insurance Investigators, November 12, 2012

"Analyzing Indemnity, the Duty to Defend, and Indemnity Assignments," Maricopa County Bar Association Construction Section, August 23, 2012

"Recent Developments in the Law Regarding the Statute of Repose and Indemnity," Arizona Association of Defense Counsel, November 30, 2006

"Solutions to the Broken Construction Defect Litigation System: An Introduction to Arizona's Right to Repair Statute," January 27, 2005