Merton E. Marks
Arbitrator, Mediator and Special Master Cases
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Merton Marks has provided arbitration, mediation and special master services in cases involving-
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Commercial, Corporate and Partnership Litigation
- Claims of corporate executives for compensation and retirement benefits, stock options, breach of contract and conflict of interest;
- Competing corporations’ claims of trade secret theft, breach of non-competition and non-solicitation agreements, violation of Trade Secrets Act and breach of fiduciary duty;
- Accounting action between members of a limited liability company involving rights and liabilities arising from corporate ownership of foreign commercial real estate;
- Breach of contract and fraud claims involving franchisors, professional athletic teams, and buyers and sellers of businesses including manufacturers, motor vehicle dealerships and other businesses;
- Claims by banks, suppliers and other creditors against guarantors of business obligations;
- Claims by and against decedents’ estates;
- Litigation by an expelled member of a corporate board against board members and the closely held corporation;
- Disputes arising from dissolutions of closely held corporations, law firms and medical practice groups;
- Credit defamation and wrongful mortgage foreclosure claims against lending institutions.
- Breach of contract litigation relating to purchase of an insurance company.
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Construction and Real Estate Litigation
- Construction defect cases, including class actions involving residential and commercial developers, individual homeowners, homeowners’ associations, contractors, subcontractors and sureties in claims of mold, water leakage, defective components;
- Construction project disputes involving Miller Act claims, commercial developers, engineers, general contractors, subcontractors, material suppliers and sureties; stadium construction dispute involving professional sports team, municipality and construction company;
- Litigation between limited and general partners of real estate partnerships including family partnerships;
- Condemnation proceedings including Kelo issues, inverse condemnation, and negligence actions between government entities and owners of commercial, residential and resort properties regarding just compensation, highway access and flood damages;
- Breach of contract and specific performance cases involving agreements to purchase residential and commercial real property, commercial lease disputes between owners, lessees and sub-lessees and breach of contract cases involving residential property purchase contracts;
- Graduate of the Complex Construction Dispute Mediation Program at Pepperdine University School of Law, Straus Institute for Dispute Resolution.
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Securities and Investment Industry Arbitration
- Chair of arbitration panels, panel member and individual arbitrator in Financial Regulatory Authority (National Association of Securities Dealers/New York Stock Exchange) arbitrations and mediator in private disputes involving claims by clients against securities brokerage firms and financial advisors based on claims of unsuitable investment advice;
- Breach of contract disputes between brokerage firms and their representatives;
- Age discrimination claims by brokerage firm representatives against firms.
Insurance and Reinsurance Litigation and Arbitration
- First and third party coverage disputes, bad faith and breach of fiduciary duty claims against insurers, reinsurers, brokers and third party claims administrators under commercial, health, disability, extended vehicle warranty, workers’ compensation, uninsured and underinsured motorists insurance policies;
- Breach of contract, bad faith and breach of fiduciary duty litigation between insurers and brokers;
- Consultant to foreign reinsurer in arbitration against domestic ceding insurer for bad faith, breach of fiduciary duty, fraudulent concealment of losses and conflict of interest;
- Corporate employer claims against group health insurers and third party claims administrators for improper claims management, breach of contract and bad faith;
- Insurer claims against policyholders for premium fraud and bad faith;
- Misrepresentation claims by policyholders against brokers and agents;
- Claims by medical groups against health insurers for benefit payments;
- Policyholder, insurer subrogation and third party claims arising out of fire losses.
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Tort and Product Liability Litigation
- Special master in product liability action against manufacturer of dental anesthetic agent for alleged facial paralysis following dental procedure.
- While in law practice, national coordinating and supervising counsel for a Fortune 25 corporation in medical device litigation involving over 1,000 cases in more than 30 states; litigation counsel for major pharmaceutical and medical product manufacturers of anti-depressants, breast implants, surgical instruments, anti-miscarriage drugs, disinfectants and other medical products;
- Mediator, arbitrator and court appointed special master in motor vehicle accident cases including tire blowouts, rollovers and multiple vehicle collisions cases involving SUVs, automobiles, police cars, truck manufacturers, tractor-trailers and tire manufacturers; Dram Shop litigation;
- Consumer and juvenile products litigation including home products, tools and child car seats;
- Firearms accident litigation; knowledge of laws governing use, possession and product liability issues. Military and civilian firearms training and experience. Member, Scottsdale Gun Club;
- Toxic substance contamination claims involving residential and commercial properties including “Sick Building Syndrome”, mold, chemical substances and water leakage;
- Malpractice litigation by patients against physicians, dentists, accountants, lawyers, nursing homes, hospitals and home health services and elder abuse neglect cases;
- Hotel security and premises liability litigation involving claims by guests against resorts based on alleged inadequate security resulting in injuries caused by criminals;
- Sports injuries including spectator injuries at professional sports events; swimming pool accidents; litigation involving golfers, golf courses and the golf equipment industry including course design, golf cart accidents and golf ball injuries; former guest columnist, national golf magazine Executive Golfer writing on legal issues involving golf. Member, U.S. Golf Association and Marbella Country Club, San Juan Capistrano, California;
- Personal injury, industrial accidents and occupational diseases including third party litigation arising out of chemical exposures, vehicle accidents and industrial machinery.
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