Jill_Ann_Herman

Partner

Jill Ann Herman

Location

2525 E. Camelback Road
Suite 450
Phoenix, AZ 85016
P (602) 441-1300
F (602) 441-1350

For more detailed information:

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Awards

Bio

Jill Ann Herman is a litigator with over twenty-five years of extensive experience in complex litigation. Her innovative case handling has resulted in defense verdicts and awards, both at trial and arbitration. Jill Ann’s areas of concentration include product liability, personal injury, professional liability, general liability, construction law, construction defect, dram shop liability, transportation, and transactional matters. She has experience representing a wide array of clients from individuals to multi-national corporations in litigation through appeal, in both state and federal courts. Additionally, she performs risk management for several clients, focusing on transfer and elimination of risk. Jill Ann is known for her tenacity and aggressive claims handling, including early resolution and favorable settlement where appropriate, which she combines with thoughtful, effective strategy.

Education

California Western School of Law (J.D., 1990)

Arizona State University (B.S., 1986)

Licensed to Practice in:

Arizona
California

Practice Areas

Appellate
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  • Extensive brief-writing experience and appearances before the California Court of Appeal, Arizona Court of Appeal and United States Circuit Court.
  • Reported Decisions:
    • Albano, et al. v. Shea Homes Limited Partnership, et al. 634 F.3d 524 (Ariz. 2011).
    • Albano, et al. v. Shea Homes Limited Partnership, et al. 227 Ariz. 121, 254 P.3d. 360 (Ariz. 2011).
    • Gawara v. U.S. Brass Corp., 63 Cal. App. 4th 1341 (1998).
    • Ranchwood Communities Limited Partnership v. Jim Beat Const. Co., 49 Cal. App. 4th 1397 (1996).
Commercial and Business Litigation
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  • Litigation on behalf of commercial, corporate, and nonprofit clients involving, partnership matters, and contract, malfeasance, and breach-of-fiduciary-duty claims.
  • Defense of corporate clients in class-action claims and suits by individuals, joint ventures, and business partners.
  • Representation of board members and boards of directors against claims of breach of fiduciary duty, professional liability, wrongful acts, and fraud.
  • Prosecution and defense of actions for breach of contract and business torts.
  • Negotiation and drafting of business agreements and entity-formation agreements for corporations, partnerships, joint ventures, and limited liability companies.
Construction
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  • Defense of developers, general contractors, and construction managers in complex multi-party litigation involving commercial and residential properties.
  • Cases range from single-family-home disputes to actions involving hundreds of properties.
  • Representation of Fortune 500 companies and several of Arizona’s and California’s largest publicly- and privately-held builders.
  • Defense of claims involving homeowners associations and Arizona Revised Statutes Section 12-1361 et seq.,
  • Purchaser Dwelling Act; prosecution and defense of indemnification and breach-of-contract claims.
  • Defense of property owners, developers, and contractors against claims arising from accidents on commercial and residential construction sites.
  • Defense of developers against homeowner claims of fraud and negligent misrepresentation, and insurer subrogation claims.
Environmental
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  • Defense of landowners and developers regarding allegedly hazardous materials in actions for personal injury or wrongful death due to toxic-chemical exposure.
  • Defense of contractors, landlords and property owners in actions for personal injury due to mold exposure.
General Liability and Casualty
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  • Defense of individuals and businesses in a wide variety of claims regarding negligent and intentional acts, including catastrophic injuries and death.
  • Defense of business establishments against third-party injury claims.
  • Defense of owners and property managers in third-party criminal liability cases
Mass Torts and Class-Action Defense
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  • Defense and prosecution of mass- and class-action claims in state and federal courts, including securities fraud, consumer fraud and breach of fiduciary duty.
  • Defense of mass-tort claims for TCE exposure and other toxic torts.
Mold and Water Damage
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  • Representation of owners, landlords and managers defending claims of water intrusion and mold exposure.
Product Liability
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  • Defense of manufacturers, distributors and retailers against claims of injuries, property damage and other losses allegedly due to defects in manufacture and design of products.
Professional Liability
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  • Representation of insurance producers and claims based upon malpractice, negligence, and failure to communicate.
  • Representation of realtors (brokers and agents), in claims alleging misrepresentation and failure to disclose defective construction, environmental conditions in Phase I, Phase II and other environmental reports, licensing, dual representation, etc. and in real property transactional documents.
  • Representation of attorneys in claims based upon malpractice, failure to communicate, and duty of loyalty.
  • Representation of licensed pesticide management company against claims of professional negligence in applying pesticides.
  • Representation of epoxy-based concrete moisture mitigation product distributor against claims involving product defect and concrete moisture vapor emission failures, and concerning sales-transaction documents.
Toxic Tort and Occupational Exposure
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  • Extensive involvement in defense of property damage and bodily injury claims involving alleged exposure to mold and microbial contamination in residential homes, apartment complexes, commercial buildings and health-care facilities
  • Defense of mass torts, including class allegations, involving alleged toxic contamination from an adjacent landfill
  • Defense of torts involving chemical exposure to crops.

Publications

All Publications »

Trial & Appellate Results

Albano, et al. v. Shea Homes Limited Partnership, et al. 634 F.3d 524 (Ariz. 2011)

Albano, et al. v. Shea Homes Limited Partnership, et al. 227 Ariz. 121, 254 P.3d. 360 (Ariz. 2011)

Gawara v. U.S. Brass Corp., 63 Cal. App. 4th 1341 (1998)

Ranchwood Communities Limited Partnership v. Jim Beat Const. Co., 49 Cal. App. 4th 1397 (1996)

View All »

All Trial & Appellate Results »

Events, Seminars & Presentations

Class Actions, Right to Repair under Arizona’s Purchaser Dwelling Act, and Complex Litigation, Arizona Association of Defense Counsel, November 7, 2002

Class Certification, Arizona Maricopa County Superior Court Judge’s Roundtable, November 19, 2002

Emerging Legislative Trends in Arizona, Colorado, and Nevada; West Coast Casualty Construction Defect Seminar, May 8, 2003

Emerging Issues in Arizona and Nevada Construction Defect Law; West Coast Casualty Construction Defect Seminar, May 13, 2005

Current Survey of Top Appellant Cases, Legislative Developments and Litigation Trends; MC Consultants, Inc. Colorado Springs Seminar, June 3, 2005

Multi State Class Action Issues; MC Consultants, Inc. Colorado Springs Seminar, June 3, 2006

View All »

All Events »

Awards & Accomplishments

AV Preeminent Lawyer by Martindale-Hubbell

International Advisory Experts Award: Complex Litigation Law Award Winner in Phoenix, 2018

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