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Mark Worischeck

marknewMark G. Worischeck 
Phoenix, Arizona
President and Managing Shareholder
phone (602) 532-5795
fax (602) 230-5054
email Email Me
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Mark Worischeck joined Sanders & Parks in 1988, and is a Shareholder and a Director. He also serves as the firm's President and Managing Shareholder. Mr. Worischeck has received Martindale-Hubbell's highest AV® PreeminentTM rating, has been chosen as one of Arizona's Finest Lawyers, selected to be included in Best Lawyers in America for 2013 and is recognized in the 2010, 2011, 2012 and 2013 editions of Southwest Super Lawyers. Mr. Worischeck was also named by Super Lawyers as one of Arizona's Top 50 Lawyers for 2011, 2012 and 2013. In addition, Mr. Worischeck has been recognized as one of Arizona's Top Lawyers by the Arizona Business Magazine from 2009-2013.

Mr. Worischeck's practice emphasizes complex civil litigation, primarily in the areas of insurance coverage and insurance bad faith, insurance defense, aviation, employment law, construction litigation, personal injury, directors and officers' liability, professional liability defense and products liability. He regularly litigates complex insurance matters and aviation disasters throughout the United States. He is a member of the State Bar of Arizona, Maricopa County Bar Association, Defense Research Institute and Arizona Association of Defense Counsel.

Mr. Worischeck has extensive experience with complex litigation matters and has successfully tried numerous jury trials. He handles personal injury and wrongful death cases, including those arising out of aviation accidents. Mr. Worischeck's aviation experience includes claims of product liability, maintenance failure, and piloting error. He has been lead counsel on cases involving mid-air collisions, engine failure, power line strikes and structural failures.

Mr. Worischeck works with many insurance carriers handling a variety of insurance defense matters. He also represents insurance carriers providing coverage opinions, litigating coverage disputes, defending claims of extra-contractual liability and litigating Damron and Morris Agreements. Representative insurance clients include Carolina Casualty, Catlin U.S., Chartis Aerospace, Fireman's Fund Insurance Company, SCF Arizona and Scottsdale Insurance.

Mr. Worischeck has also defended class action claims concerning environmental groundwater contamination and construction defects. He regularly defends product manufacturers and contractors including Motorola, Schneider Electric USA, Kitchell Contractors and GROB Aviation, and has represented several major foreign defendants in large exposure tort cases.

Mr. Worischeck also represents employers in labor disputes. He has represented corporate and individual clients at administrative hearings, arbitrations and mediations. Mr. Worischeck has also successfully defended employers in employment disputes in both state and federal courts. His clients include the City of Phoenix, Macy's, Inc. and Sequoia Charter Schools.

Mr. Worischeck has earned the respect of his peers as a neutral, regularly serving as a mediator, arbitrator and settlement conference judge. He is known for utilizing innovative methods to settle even the most complex case.

In addition to practicing law, Mr. Worischeck has served as a Judge Pro Tempore for the Maricopa County Superior Court since 2010. He also taught Insurance Law as an Adjunct Professor of Law at the Sandra Day O'Connor College of Law at Arizona State University from 2010-2012.

Mr. Worischeck earned his Juris Doctor from Washington University School of Law, St. Louis, Missouri, in 1986, and his Bachelor of Science in Business Administration from the University of Arizona, with distinction, in 1983. He is licensed to practice law in the State of Arizona, United States District Court, District of Arizona, United States Court of Appeals, Ninth Circuit, and United States Supreme Court.

Mr. Worischeck is a licensed private pilot with ratings to fly various single-engine aircraft. He is a member of the Aviation Insurance Association (AIA) and the National Transportation Safety Board (NTSB) Bar Association. In addition, Mr. Worischeck serves as the Arizona State Chair of the Lawyer-Pilots Bar Association and is a panel attorney for the Aircraft Owners and Pilots Association (AOPA).

Mr. Worischeck is listed in Strathmore's Who's Who and is a member of the Council on Litigation Management (CLM) whose mission is to further the practice of Litigation Management through ethics, cooperation, and education.

SIGNIFICANT REPRESENTATIONS

Representative Jury Trials

Canyon Ambulatory Surgery Center and El Dorado Surgery Center, LLP v. SCF Arizona, Maricopa County Superior Court Cause No. CV2003-024399 (Consolidated): Successfully represented defendant insurance carrier in a case of first impression involving the repricing and payment of over $6 million of medical bills. (Judgment for the defendant). (2008)

John Snowberger v. Phoenix Union High School District, et al., Maricopa County Superior Court Cause No. CV2002-022093:  Successfully represented defendant school district in a sports-related personal injury claim.  (Defense verdict). (2005)

Quintero v. Yuma Union High School District, et al., Yuma County Superior Court Cause No. S1400CV02002000700: Successfully represented defendant school district in a claim for personal injuries. (Defense verdict). (2004)

Farrar v. Destiny Schools, et al., Gila County Superior Court Cause No. CV99-0218: Successfully represented Arizona charter school in a case of personal injuries.  (Defense verdict).  (2003)

LeFaivre v. Square D, et al., Maricopa County Superior Court Cause No. CV95-02974:  Successfully represented product manufacturer defendant in a wrongful death case involving a forklift accident. (Defense verdict).  (1998)

Von Hamm v. Becker, Maricopa County Superior Court Cause No. CV95-12601: Successfully represented defendant in a claim for personal injuries involving an automobile accident. (Defense verdict). (1996) 

Drey v. St. Luke's Health Systems and Centric Elevator Corporation, Maricopa County Superior Court Cause No. CV93-23985:  Successfully represented defendant elevator maintenance company in a claim for personal injuries.  (Defense verdict). (1995)

Anderson v. Centric Elevator Corporation, Maricopa County Superior Court Cause No. CV93-03032:  Successfully represented defendant elevator maintenance company in a claim for personal injuries.  (Defense verdict). (1994)

Muse v. May Department Stores dba Foley's Department Stores, Pima County Superior Court Cause No. 285906:  Successfully represented defendant retailer in a wrongful termination, discrimination and retaliation case.  (Defense verdict). (1994)

Berry v. Courtesy Chevrolet, Pima County Superior Court Cause No. CV2263441:  Successfully represented car dealership defendant in a claim for personal injuries and property damages.  (Defense verdict). (1993)

Criner v. Nowak, Maricopa County Superior Court Cause No. CV90-23194:  Successfully represented defendant in personal injury claim involving automobile accident.  (Case settled mid-trial). (1992)

Significant Settlements

Dude, et al. v. Bulk Transportation, et al., Graham County Superior Court, CV2011-00149. Represented 5 Native American plaintiffs in a case against an interstate trucking company and its contracted driver involving a tractor trailer/pick-up truck collision which resulted in five injured family members, two of which were minors who sustained severe, lifelong injuries. The matter settled before trial for high seven figures. (2012) 

Transcontinental Insurance Company, et al. v. Kitchell Contractors, Inc. of Arizona, et al., U. S. District Court, District of Nevada Case No. 2:06-CV-00533-RCJ-GWF: Represented defendant contractor in a suit brought by CNA Insurance Company seeking to deny coverage for construction defect claims with costs of repair asserted to be in excess of $20 million.  Asserted bad faith claims over and against the carrier.  Matter settled favorably in favor of defendant contractor. (2007)

Richerson-Rose, et al. v. State of Arizona, Maricopa County Superior Court Cause No. CV2003-002093. Represented plaintiffs in a road design case against the State of Arizona involving a closed head brain injury.  Matter settled before trial for multiple seven figures.  (2004)

Chappell v. United States of America, Federal Aviation Administration, U. S. District Court, District of Arizona Cause No. CIV 01-1286-PHX-PG:  Represented plaintiffs in a case against the Federal Aviation Administration for wrongful death damages regarding a mid-air collision.  Matter settled before trial for high seven figures. (2002)

Yslava v. Hughes Aircraft Company v. City of Tucson, U. S. District Court, District of Arizona Cause No. CIV 91-525-TUC-ROS:  Represented defendant City of Tucson in a longstanding toxic tort case involving the alleged contamination of Tucson city water with TCE.  Matter settled favorably in favor of City of Tucson without payment of any money. (1999)

Reported Decisions

Saenz v. State Fund Workers' Compensation Insurance, 189 Ariz. 471, 943 P.2d 831 (App. 1997).

Yslava v. Hughes Aircraft Company, 188 Ariz. 380, 936 P.2d 1274 (1997).

Jane Doe One v. Garcia, 5 F. Supp.2d 767 (D. Ariz. 1998).

State Compensation Fund v. Yellow Cab Company of Phoenix, 197 Ariz. 120, 3 P.3d 1040 (App. 1999).

Stout v. State Compensation Fund, 197 Ariz. 238, 3 P.3d 1158 (App. 2000).

McEvoy v. Aerotek, Inc., 201 Ariz. 200, 34 P.3d 979 (App. 2001).

Stout v. State Compensation Fund, 202 Ariz. 300, 44 P.3d 178 (App. 2002).

Daly v. Royal Insurance Company of America, 2002 U.S. Dist. LEXIS 16183 (D. Ariz. July 17, 2002). 

Alanco Technologies, Inc., et al v. Carolina Casualty Insurance Co., 2004 U.S. Dist. LEXIS 28266 (D. Ariz. Sept. 20, 2004). 

Alanco Technologies, Inc., et al v. Carolina Casualty Insurance Co., 2005 U.S. Dist. LEXIS 26340 (D. Ariz. Oct. 31, 2005). 

Alanco Technologies, Inc., et al v. Carolina Casualty Insurance Co., 2006 U.S. Dist. LEXIS 31988 (D. Ariz. May 17, 2006).

Biltmore Associates, L.L.C. v. Twin City Fire Insurance Co., 2006 U.S. Dist. LEXIS 56034 (D. Ariz. July 21, 2006) (represented Carolina Casualty Insurance Company).

Biltmore Associates, L.L.C. v. Twin City Fire Insurance Co., 2007 U.S. Dist. LEXIS 10233 (D. Ariz. Feb. 13, 2007) (Represented Carolina Casualty Insurance Company).

Biltmore Associates, L.L.C. v. Twin City Fire Insurance Co., 2007 U.S. Dist. LEXIS 35215 (D. Ariz. May 11, 2007) (represented Carolina Casualty Insurance Company).

Biltmore Associates, L.L.C. v. Twin City Fire Insurance Co., 2007 U.S. Dist. LEXIS 62354 (D. Ariz. Aug. 22, 2007) (represented Carolina Casualty Insurance Company). 

Biltmore Assocs., LLC v. Twin City Fire Ins. Co., 572 F.3d 663 (9th Cir. Ariz. 2009).

Canyon Ambulatory Surgery Center and El Dorado Surgery Center, LLP v. SCF Arizona, 225 Ariz. 414, 239 P.3d 733 (App. 2010).

Year Joined Sanders & Parks, P.C.:
1988
Areas of Practice:
Aviation Law
Litigation and Appeals
Insurance Coverage
Insurance Defense
Construction Law
Civil Litigation
Education Law
Employment Law
Public Entity Law
Professional Liability Litigation
Directors and Officers Insurance
Bar Admissions:
Arizona, 1986
U.S. District Court District of Arizona, 1986
U.S. Court of Appeals 9th Circuit, 1986
U.S. Supreme Court, 1996
Education:
Washington University School of Law, St. Louis, Missouri, 1986
Juris Doctor


University of Arizona, Tucson, AZ, 1983
Bachelor of Science
Honors: With Distinction
Major:  Finance


Representative Clients:

Carolina Casualty Company
Catlin U.S.
Chartis Aerospace
City of Phoenix
Fireman's Fund
Kitchell Contractors
Macy's, Inc.
Motorola
National Unity Insurance
SCF Arizona
Schneider Electric USA
Scottsdale Insurance

 

Classes/Seminars Taught:
Presenter:   Bad Faith Insurance Law Seminar, State Bar of Arizona. Presentation regarding the defense perspective on workers' compensation bad faith, 2012
Presenter:   "The Peculiarities of Arizona Insurance Law" presentation given to Fireman's Fund corporate headquarters staff in Novato, California and webcast to Fireman's Fund's adjusters and claims representatives. Areas covered included insurance bad faith, Damron/Morris agreements and reservation of rights. August 16, 2012 
Adjunct Professor of Law:    Insurance Law, Sandra Day O'Connor College of Law at Arizona State University, 2010-2011; 2011-2012
Guest Lecturer:   Torts, Sandra Day O'Connor College of Law at Arizona State University, 2006
Guest Lecturer:   Insurance Law, Sandra Day O'Connor College of Law at Arizona State University, 2005
Presenter:   Insurance Bad Faith, State Bar of Arizona, 1995
Professional Appointments:
2010-Present   Judge Pro Tempore Maricopa County Superior Court
Professional Associations and Memberships:
State Bar of Arizona
Member


Maricopa County Bar Association
Member


Federal Bar Association
Member

Arizona Association of Defense Counsel
Member


Defense Research Institute
Member

Arizona Insurance Council
Affiliate Member


Aviation Insurance Association
Member


National Transportation Safety Board Bar Association
Member


Lawyer-Pilots Bar Association
Arizona State Chair


Aircraft Owners and Pilots Association
Panel Attorney


Claims & Litigation Management Alliance
Member


Past Employment Positions:
Shimmel Hill Bishop & Gruender, Associate Attorney, 1986 - 1988


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