Timothy Overton

Member
Tim Overton has successfully litigated commercial claims of all types, including complex insurance coverage and bad faith actions, class actions, construction, product liability, and American Indian affairs. He defends major insurance companies in disputes involving various types of coverage, including homeowners, workers compensation, and commercial liability coverages. He also defends institutions of higher learning and product manufacturers from significant tort claims and class actions, represents employers facing employment, discrimination and compensation-related claims, and helps creditors to obtain and collect on judgments. Tim has won both jury and bench trials, litigating in state and federal courts. Tim is committed to understanding his client’s business, so as to effectively satisfy both their legal and business goals. Tim also regularly consults with and provides training to companies, law firms and employers dealing with bias, discrimination, and recruiting, hiring and retaining diverse employees.

Education & Credentials

Education

Brigham Young University

J.D., 2007
  • Editor, Journal of Public Law, Moot Court National Team
  • with honors

Humboldt State University

B.S., 2001
  • with honors

Bar Admission

  • Arizona
  • Utah

Spoken Languages

  • Spanish

Acknowledgements

  • LawyersOfColor’s inaugural list of Nation’s Best Lawyers
  • Arizona Black Bar, Individual Diversity Award recipient (2018)
  • Super Lawyers, Southwest, "Rising Star," Business Litigation (2015-2017)
  • Phoenix Business Journal, "40 Under 40" (2016)

Prominent Assignments

  • Managed and conducted discovery and motion practice resulting in walk-aways from plaintiffs suing insurance companies on alleged coverage and bad faith claims.
  • Conducted discovery and succeeded in briefing and argument dispositive motions in defense of class action and mass tort claims against universities.
  • Obtained partial summary judgment and later a $3.2 million judgment in a breach of contract case involving construction law, successor liability, and the Prompt Payment Act. The judgment included an award of nearly $700,000 in attorneys' fees.
  • Enforced non-compete and non-solicitation provisions for employer to obtain temporary restraining order, injunction, and significant settlement payment against departed employees and their subsequent employer.
  • Worked as counsel to a Fortune 500 company to coordinate defenses to nationwide asbestos claims.
  • Negotiated on behalf of employer to eliminate former employee’s compensation claim related to Phantom Equity Plan.
  • Obtained judgments (including a summary judgment) awarding more than $5 million in property and $900,000 in damages and attorney's fees after a four-week jury trial. The judgments resolved an intra-family dispute over the ownership of properties and a partnership interest related to a group of medical practices.
  • Secured significant recovery of funds for a banking client by foreclosing on multiple properties and garnishing various bank accounts.
  • Defended an off-road vehicle maker from multiple products liability claims.
  • Succeeded on partial summary judgment in Court of Indian Offenses and in the United States District Court for the Western District of Oklahoma, in which both courts found in client’s favor on jurisdictional issues.

Professional Involvement

  • National Bar Association
  • J. Reuben Clark Law Society
  • Arizona Black Bar
  • Utah Minority Bar
  • Leadership Council, Legal Diversity Fellow (2016-2017)

Community Involvement

  • Avondale Interfaith Council
  • Regularly coaches youth basketball teams
  • Operates open gym and informal mentoring program for young adults

Experience

  • Adjunct Professor, Sandra Day O'Connor Law School (ASU), Race and the Law
  • Clerk, Hon. Diane Johnsen, Arizona Court of Appeals, 2007-2008

Court Admissions

  • Arizona
  • Hualapai Tribal Court
  • Utah
  • U.S. District Court, District of Arizona
  • U.S. District Court, Western District of Oklahoma
  • U.S. District Court, Southern District of Texas
  • U.S. District Court, Western District of Texas
  • U.S. District Court, Northern District of Texas
  • U.S. Court of Appeals, Ninth Circuit
Have a question or want to connect?