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John R. Hoopes

John R. Hoopes

Commercial Litigation | Real Estate Litigation | Construction Law | Mediation/Arbitration  |  Investor Protection

John Hoopes provides mediation and litigation services, with a focus on construction, real estate, securities and general commercial disputes.

Listed in The Best Lawyers in America and Arizona's Finest Lawyers, John is a former a judge pro tem in Maricopa County Superior Court and also has experience as an Arizona Court of Appeals judge pro tem.

He is a member of the American Bar Association's Forum on the Construction Industry, the Public Investors Arbitration Bar Association and the American Agricultural Law Association.

Active in the community, John is a member of the Arizona-Mexico Commission board of directors and the Valley of the Sun United Way board of directors, and is a board member and past president of the Mesa Southwest Museum Foundation.


Practice Areas

Commercial Litigation

Real Estate Litigation

Construction Law

Mediation

Arbitration

Investor Protection


Honors and Awards

The Best Lawyers in America®

Arizona's Finest Lawyers


Professional Memberships

Judge Pro Tem, Maricopa County Superior Court, 1994-2010

Judge Pro Tem, Arizona Court of Appeals, 1995

American Bar Association: Forum on the Construction Industry

State Bar of Arizona: Sections on Litigation, Real Estate, Construction and Business Law

Public Investors Arbitration Bar Association

American Agricultural Law Association


Community Leadership

Arizona-Mexico Commission: Board of Directors, 2012-present

Agri-Business Council of Arizona: Executive Committee

Salt River Project: Vice President, 2010-present; Chairman, Governing Council, 2002-2006

Mesa Southwest Museum Foundation: President, 2000-2003; Board of Directors, 1998-present

Valley of the Sun United Way: Board of Directors, 2011-present


Education

J.D., University of Arizona, 1979

B.A., Brigham Young University, 1975


Court Admissions

Arizona, 1979

U.S. District Court, District of Arizona


Reported Cases

Highland Village Partners, LLC v. Bradbury & Stamm Construction Co., 195 P.3d 184 (Ariz. Ct. App. 2008) (summary judgment reversed): Represented a property owner in a case in which the Arizona Court of Appeals held that a commercial contractor may be liable to a subsequent purchaser for construction defects if the implied warranties are expressly assigned. Legal commentators consider this decision to have potentially far-reaching effects on commercial construction defect litigation.

Chris Herstam, Receiver, Farm & Home Life Insurance Company v. James M. Fail, et al., 186 Ariz. 110, 919 P.2d 1381 (App. 1996)

Tonenacher v. Sasak, 859 F.Supp. 1273 (D.Ariz. 1994)

Academy Life Insurance Co. v. Odiorne, 165 Ariz. 188, 797 P.2d 727 (App. 1990)

Bertrand v. Industrial Development Authority of the City of Chandler, Fed. Sec. L. Rep. 95 359 (1990)

United Bank of Arizona v. Sun Mesa Corp., 119 F.R.D. 430 Fed. Sec. L. Rep. 93 718 (D.Ariz. 1988)

Mohr Hackett, et al v. Superior Court, 155 Ariz 150, 745 P.2d 208 (App. 1987)


Language Fluency

Spanish


Birthplace

Mesa, Arizona


Professional Highlights

Mediation. A former Judge Pro Tem in Maricopa County Superior Court, has conducted numerous settlement conferences and private mediations ... has mediated a wide variety of disputes, with special emphasis on construction, real estate and securities-related matters.

Construction. Arbitrated general contractor’s $4 million claim against a school district ... represents a variety of subcontractors, contractors and owners in (a) prosecution and defense of claims in state, federal and tribal courts, and before the American Arbitration Association and the Department of Interior Board of Contract Appeals; (b) prosecution and defense of bond and mechanics’ and materialmen’s lien claims; (c) administrative proceedings before the Arizona Registrar of Contractors, and (d) review and preparation of construction contracts and design-build agreements.

Real Estate Development and Finance. Represented anchor tenant in the jury trial of a $15 million action involving breach of development agreement and ground lease and failure to procure entitlements ... has represented owners, investors and professionals in a variety of disputes concerning real estate limited partnerships ... has represented construction and permanent lenders in loan documentation and enforcement of security by, among other actions, enforcement of deeds-of-trust/agreements for sale, judicial foreclosure and the appointment of receivers ... has represented homeowners associations in enforcement of leasing and other restrictions.

Real Estate Litigation. Obtained jury verdict of nearly $1 million on behalf of a real estate broker and developer against a New York-based lawyer and development company based on claims of breach of contract, misrepresentation, breach of fiduciary duty, and lawyer malpractice in connection with development of large Phoenix warehouse facility.

Eminent Domain. Has represented a variety of owners in trial and settlement of condemnation and inverse condemnation matters.

Real Estate Purchase/Sale/Lease. Represented owner of Colorado River RV resort in a jury trial of claims asserted by the buyer of the resort ... represented a developer in an action against a regional mall developer to enforce a right of first refusal on a large tract in Gainey Ranch ... represented owners and developers in various matters, including but not limited to construction disputes and contract interpretation and enforcement ... in non-litigation matters, has negotiated and prepared leases, sale and related documents for improved and unimproved land.

Land Use. Represented owners in Cave Creek and Sedona in litigation against governmental bodies alleging regulatory takings and wrongful refusal to issue building permits and approve site plans for major developments.

Accounting and Corporate. Retained to represent accounting firms insured through a program sponsored by the American Institute of Certified Public Accountants ... has represented accountants and other financial professionals in securities fraud and malpractice actions concerning fraudulent/negligent forecasts and projections, audits, regulatory reporting and tax return preparation ... retained by a national insurance company to represent insureds named as defendants in litigation matters alleging breach of duties owed as corporate officers/directors ... served as a panel member,: Arizona Society of Certified Public Accountants, Audit Standards Committee, Symposium on Accountant Liability, 1986.

Securities Fraud. Has represented national and regional broker-dealers in a variety of actions involving fraud, selling away, churning and suitability ... has represented individual investors in claims against broker-dealers and financial planners ... litigated these matters in state and federal courts and in arbitration before the National Association of Securities Dealers ... represented a homebuilder in defense of securities fraud and other claims asserted in the Keating securities fraud litigation.

Insurance. Has litigated bad faith claims and adjudication of coverage for life, equine, casualty and directors’ and officers’ insurance ... represented a former insurance company owner in defense of claims asserted by the receiver in Arizona’s largest insurance company receivership.

Other Highlights. Represented one of the nation’s largest distributors of medical supplies in defense of claims of breach of contract and fraud by hospitals in Phoenix and Tucson seeking to recover more than $30 million in damages ... has represented businesses and individuals in various litigation matters involving enforcement of covenants not to compete ... represented a Canadian tobacco manufacturer in the Arizona Attorney General's tobacco litigation ... represents small and large businesses in prosecution and defense of collection claims and commercial torts (e.g., fraud, misrepresentation, interference with contract).

 

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© 2001-2013. Hoopes, Adams & Alexander, PLC • 2410 W. Ray Rd., Suite 1 • Chandler, AZ 85224 • 480-345-8845

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