Jason Kelly

Jason M. Kelly, Attorney at Law
4747 N 7Th St Ste 402
Phoenix, AZ 85014
(602) 595-9299
www.jasonkellylaw.com


Jason Kelly focuses his practice on complex litigation, including personal injury, wrongful death, professional negligence, and insurance bad faith.
"I am certain that without Jason Kelly on our side, we would not have received the fantastic outcome that we did."

Jason Kelly's litigation experience began while he was still in law school with criminal misdemeanor and felony jury trials. Today, his practice encompasses a wide range of contested matters, from administrative hearings to arbitrations, civil trials and appeals.

The Brophy College Prep alumnus focuses his practice on complex litigation, including:

Wrongful death and personal injury
Insurance bad faith
Medical malpractice
Professional malpractice claims against attorneys, accountants, insurance providers and real estate agents
Civil rights cases against governmental entities
In addition, Jason helps to resolve certain types of disputes through his Affordable Mediations service.

Honors and Awards

Martindale-Hubbell AV Preeminent Peer Review Rating TM
Martindale-Hubbell Silver Client Champion Award, 2018
Top Rated Lawyers, Arizona Republic, 2015

Success Stories

See: Division of Fees with Referring Attorneys
Won a $10.45 million jury award against the City of Phoenix for negligent intersection design and maintenance that resulted in the death of a motorcyclist. | The verdict in this case was the third-largest Arizona jury award in 2016. | See article in The Arizona Republic.
Negotiated a confidential settlement in an insurance bad faith claim arising out of an insurance company's improper handling of a mid-air airplane engine explosion and fire.
Preserved a $1.06 million insurance bad faith judgment on appeal.
Negotiated a confidential settlement agreement on behalf of real estate purchasers who were the victims of the negligence of real estate agents and brokers in regard to several real estate transactions, including the sale-leaseback of a commercial property, the purchase of custom model homes, and vacant property that was the subject of a hotel development.
Negotiated a confidential settlement with a hospital in connection with the secret recording of a patient's medical examination by one of the hospital's doctors.
Employed as special counsel for a U.S. Bankruptcy Trustee and recovered nearly $500,000 on an insurance policy covering the negligent acts of directors and officers of a bankrupt company.
Negotiated a $400,000 settlement against Yuma County for allowing an inmate to commit suicide while in custody. | See article in The Yuma Sun.
Fought for and won insurance coverage for a cancer patient being denied coverage by her health care insurance company.
Settled a claim against the Quechan Indian Tribe for $324,000 for the Tribe's failure to pay for fire protection services to the Q Casino pursuant to a contract between the Tribe and the Winterhaven Fire Department.
Recovered over $200,000 for a watermelon grower in a AAA arbitration on a claim that the grower's marketing and sales agent failed to fully pay all amounts due to the grower (see related article)
Negotiated a $100,000 settlement of an injury claim against a major cruise line for a client who slipped on board the ship because of a water leak.
Settled an accounting malpractice claim for full value the day that the trial was set to begin.
Successfully challenged the signature sufficiency of a Yuma city council candidate's nominating petition. | See article in The Yuma Sun.

Professional Memberships

State Bar of Arizona
State Bar of California
Admitted to the 9th Circuit Court of Appeals
Maricopa County Bar Association
Judge Pro Tem, Maricopa County Superior Court
St. Thomas More Society, Board Member
Arizona Celtic Bar Association

Appeals

Brumett v. MGA Home Healthcare, LLC, 240 Ariz. 420, 380 P.3d 659 (App. 2016)
AEA Federal Credit Union v. Yuma Funding, Inc., 237 Ariz. 105, 346 P.3d 991 (App. 2015)
Berry v. 352 E. Virginia, LLC, 228 Ariz. 9, 261 P.3d 784 (App. 2011)
Strawberry Water v. Paulsen, 220 Ariz. 401, 207 P.3d 654 (App. 2008)
Evans Withycombe, Inc. v. Western Innovations, Inc., 215 Ariz. 237, 159 P.3d 547 (App. 2006)

Bar Admissions

Arizona, 2000
U.S. District Court, District of Arizona, 2000
California, 2018
U.S. Court of Appeals, Ninth Circuit, 2018

Articles

"Insurance: Denial of Coverage and Bad Faith," December 2015
"The Importance of Preserving Evidence," September 2015
"A Grower-Distributor Lawsuit and the Importance of a Good Contract," March 2015
"Proper Claims File Maintenance and Its Implications in the Era of E-Discovery," NSPII Newsletter, Fall 2007
"The New Landscape of Contractors' Liability Insurance," Arizona Association of Defense Counsel Newsletter, May 2007
"Preservation of Evidence When Conducting an Investigation: Your Rights and Duties," NSPII Newsletter, Spring 2007
"How Far Can You Go? A Primer for Insurance Investigations in Arizona," NSPII Newsletter, Winter 2007

Presentations

"Pain and Suffering Damages in Personal Injury Cases," National Business Institute, March 23, 2018
"Damages and Liens in Personal Injury," National Business Institute, June 22, 2017
"Ethical Considerations in Construction Litigation," Maricopa County Bar Association, June 12, 2013
"Developing Trends in Property and Casualty Insurance Fraud," National Society of Professional Insurance Investigators, November 12, 2012
"Analyzing Indemnity, the Duty to Defend, and Indemnity Assignments," Maricopa County Bar Association Construction Section, August 23, 2012
"Recent Developments in the Law Regarding the Statute of Repose and Indemnity," Arizona Association of Defense Counsel, November 30, 2006
"Solutions to the Broken Construction Defect Litigation System: An Introduction to Arizona's Right to Repair Statute," January 27, 2005

Education

J.D., University of Arizona, 2000: Law Review, 1998-2000
B.S.P.A., University of Arizona, 1996

Community Involvement

Knights of Columbus, St. Francis Xavier Parish, Phoenix
Annulment Minister, Diocese of Phoenix
Marriage Preparation Ministry, St. Francis Xavier Parish
Serra Club of Phoenix, Board Member
Office of Prison Ministry, Diocese of Phoenix, Volunteer
Arizona Suicide Prevention Coalition: Founding Member, Current Board Member
Youth Suicide Prevention and Education Programs, Inc.: Founding Member, Past Chair
American Kyokushin Karate Organization: Legal Advisor
United States Chanbara Federation: Legal Advisor
St. Francis Xavier School: Former Advisory Board Member

Personal

Outside the practice of law, Jason is a member of the Martial Arts Masters Hall of Fame, and he teaches youth and adult martial arts. His article, "3 Ways Padded Weaponry Empowers Students," was published in the June 2014 issue of MA Success magazine. Jason is also a nationally licensed youth soccer coach, and he volunteers as a youth baseball and basketball coach.