Commercial Litigation and Contract Disputes
Commercial litigation is the core practice of Kercsmar & Feltus. Our attorneys have been recognized over and over for their superior advocacy in commercial litigation. The firm’s named partners are both ranked “Southwest Super Lawyers” by the preeminent lawyer ranking service, Super Lawyers, and many of the firms other attorneys have been named “Rising Stars” in this practice area. Corporate America News recently named Kercsmar & Feltus in the "Best Business Litigators - Arizona," and Geoffrey Kercsmar is listed among the Top 100 Lawyers in Arizona by AZ Business Magazine. All of the firm's managing members are "AV Preeminent" rated by Martindale Hubbell in this practice area as well.
Becasue of our skill and experience, our attorneys are called upon to handle a range of business and commercial concerns, including business torts, contracts, construction, real estate, banking and financial institution matters, corporate governance, securities and shareholder disputes, franchise disputes, professional malpractice and liability, and employment and wrongful termination disputes. We are often asked to handle cases involving multiple parties, voluminous documents, extensive discovery and state-of-the-art litigation technology. At the same time, our firm readily assists clients in lower-profile, but equally important, matters.
Our experience has taught us that a trial is not usually the only or best way to resolve disputes. With our client’s ultimate objective in mind, we often resolve disputes before extensive litigation by conducting investigations, engaging in pre-suit negotiations and employing alternative dispute resolution procedures such as mediation, mini-trial and binding and non-binding arbitration.
Kercsmar & Feltus represents clients in state, federal, tribal and other courts and tribunals throughout Arizona and California, and even elsewhere in the United States. We are retained by many of the country’s largest corporations, acting as their litigation counsel for business and commercial disputes in Arizona and California. We also represent clients at all the stages of the appellate process. Our attorneys have appeared before the United States Supreme Court, United States Court of Appeals for the Ninth and Federal Circuits, and before the Supreme Courts of Arizona and Delaware.
- Defended one of the world’s largest agricultural supply companies in the world in a four-week trial in Maricopa County Superior Court
- Represented a major automobile parts supplier in a breach of contract action against mid-market parts reseller
- Obtained a judgment on behalf of an international automobile glass manufacturer in a breach of contract action against a former national customer
- Represented one of the largest auto parts retailers in the United States in litigation involving its waste oil removal contract
- Successfully defended one of the world’s largest banks in litigation involving allegedly fraudulent transfers
- Successfully represented lessor of industrial equipment in breach of contract action brought by seller of equipment
- Represented a multi-state banking institution in its lawsuits against mortgage brokers across the United States arising from fraud in mortgage applications
- Successfully defended a national bank against plaintiffs seeking to enforce sham arbitration awards against the bank
- Defended a surgical practice against claims related to the practice’s buy-out of a former member
- Represented a large hotel investment and management company in litigation arising from the sale of one of its largest hotels
- Defended a publicly traded Internet sales company against a vendor’s claim for breach of a click-through agreement
- Represented a medical practice in litigation arising from its sale of its primary care facility
- Successfully represented individual investors in arbitration against one of the largest condominium developments in Maricopa County
- Represented a real estate development consulting company in a dispute involving a planned 800-acre mixed-use development project
- Obtained a complete defense ruling in favor of a real estate investment lender accused of fraud and racketeering in its lending practices
- Represented a national private hedge fund in litigation against the lead lending institution and developer over multi-million dollar brownstone project in central Phoenix
- Obtained a complete defense verdict, including attorneys’ fees and costs, in favor of real estate developer accused of negligence in constructing office park
- Represented a telecommunications sales company in litigation arising from alleged breaches of confidentiality and contract in relationship with subcontractor
- Represented a former employee terminated due to HIV status against a national collection agency
- Obtained summary judgment for large professional services firm on claims breach of contract and tort claims related to implementation of enterprise resource package software brought by Fortune 500 big-box retailer where over $200 million in damages were sought
- Obtained dismissal of multi-million dollar putative class action claim brought against large Arizona-based franchisee on claim of alleged improper fax advertising
- Obtained $700,000 judgment for purchaser of airplane, including award of punitive damages and attorneys’ fees, due to defective condition of the airplane
- Obtained dismissal of putative class action claims against a large mortgage lender related to mortgage payoff fees
- Represented seller of rare automobile in dispute against auction house over failed sale of the vehicle
- Represented a jewelry manufacturer in claims against cruise ship concessionaire for breach of consignment agreement; case settled on favorable terms
- Represented a manufactured home manufacturer in breach of warranty claims
- Defended leading financial services firm against claims of professional malpractice made by former client