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Josh Grabel

Member
Josh Grabel, a seasoned litigator with a nationwide practice based out of the firm’s Phoenix office, represents clients in various complex litigation matters, including defense of class action claims and other complex disputes. Josh sees his primary role as assisting his clients in solving their more complicated problems, be it through negotiation, internal problem solving or litigation.  He focuses his practice on property and casualty (primarily auto-related) insurance risk and coverage matters, antitrust, construction, public procurement law and other complex litigation. Josh has served as lead counsel for numerous multi-million dollar cases before state and federal courts, and on public bid protests before local, state and federal agencies. He has also assisted his clients in mediation and arbitration.

Josh has experience defending companies against alleged violations of federal antitrust and Racketeer Influenced and Corrupt Organizations Act (RICO) statutes, as well as defending against claims brought under state law related to insurance coverage and bad faith claims, personal injury protection (PIP) and uninsured motorist (UIM) coverage. He has handled public procurement matters involving client public bid procedures, bid protests and contract administration primarily with state and local government entities in Arizona and New Mexico. Josh has also worked with the Arizona Department of Administration in addressing proposed changes to Arizona’s Administrative Code.

Additionally, construction owners, developers, general contractors, subcontractors, suppliers, design professionals, insurance companies and lenders, rely on Josh’s guidance through negotiation, litigation, arbitration and mediation involving public and private projects. Josh has represented companies in preparing construction claims, calculation and proof of damages, surety rights, lien and bond claims, licensing and registration requirements, architect and engineer liability, and administrative law.  No matter the issue, Josh believes in taking an aggressive but appropriate approach to the claims, and in acting as a servant leader, ensuring his clients goals are understood, and well presented.

Education & Credentials

Education

Georgetown University Law Center

J.D.
  • cum laude

University of Arizona

B.A.

Bar Admission

  • Arizona
  • New Mexico

Acknowledgements

  • The Best Lawyers in America®
    • Construction Law, Litigation - Construction, 2015-2022
  • Arizona's Finest Lawyers Foundation

Prominent Assignments

  • Represented a large national automobile insurer in $3 billion nationwide consumer class action alleging breach of contract. Defeated class certification and obtained dismissal.
  • Represented a large national automobile insurer in defeating a $21 billion MDL class action matter alleging antitrust violations.Defeated matter on Motion to Dismiss, upheld through appeal.
  • Successfully defended property and casualty insurance company related to multiple claims regarding coverage issues related to COVID-19.
  • Successfully represented owner of $180 million development deal in defending against claims from former member of LLC seeking temporary restraining order and permanent injunction.
  • Successfully defended large national automobile insurer related to multiple claims under PIP statutes in various states across the country.
  • Defended large automobile insurer in $3 million claim in federal court in claims related to steering, breach of contract and bad faith. Obtained summary judgment dismissing all claims.
  • Successfully defended large automobile insurer on multi-million dollar class action claim in federal court on breach of contract claim. Won summary judgment on all claims.
  • Successfully represented nonprofit entity in lawsuit for breach of contract against the state of Arizona. Received judgment in excess of $18 million at trial.
  • Represented multiple software providers in successful bid protest related to various state procurement contracts.
  • Successfully prosecuted and/or defended multiple bid protests and administrative proceedings in state and local government proceedings in both Arizona and New Mexico.
  • Successfully defended multiple claims against automobile insurer related to alleged breach of contract and/or bad faith.
  • Represented multiple contractors and subcontractors in pursuing claims under Arizona's Prompt Payment, Bond and Lien laws.
  • Drafted multiple contracts and contract sets related to all phases of construction and construction finance projects in Arizona, California and New Mexico.

Professional Involvement

  • American Bar Association
    • Forum on Construction, Member
  • Arizona State Bar
    • Construction Section, Member
  • Arizona Construction Association
    • General Counsel, 2004-2009

Community Involvement

  • Arizona Hugh O’Brian Youth (HOBY) Leadership
    • Board of Advisors, 2011-present
    • Vice President, 2008-2010
    • President, 2004-2007
    • Board of Directors, 1998-2003
  • Special Olympics Advocacy Resource Council
    • Leadership Council, 2011-2013
  • University of Arizona, Maricopa County Alumni Association
    • Board of Directors, 2012-2014
  • Suns Charities 88, 2017-2020
  • Valley Leadership Class 35

Court Admissions

  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, Tenth Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, District of Arizona
  • U.S. District Court, District of New Mexico
  • U.S. District Court, District of Colorado

Publications/Presentations

  • Author, ABA State Procurement Manual for Arizona and New Mexico, 3rd Edition (publishing in 2022)
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