Roger has over 35 years of nationwide, jury trial experience in complex injury and commercial cases in state and federal courts in Arizona, Nevada, New Mexico, Ohio, Oklahoma, and Maryland. His trial experience includes construction defect, professional liability, public entity, transportation defense, personal injury, insurance, product defect, workers' compensation, real estate, death and class action & mass action tort cases. For example, he defended a Nevada public canal company in state and federal from class action claims involving 1,500 property owners from the flood in Fernley, NV. He also defensed a traumatic brain injury claim brought before a jury against the magician, David Copperfield and others, in Las Vegas, NV. He defensed a professional malpractice claim brought before a jury against an insurance brokerage in Phoenix, AZ. The first case in Arizona in which any court officially recognized the use of functional MRI brain scanning was brought by him. He also has appellate experience before the appellate courts in Arizona, Ohio, California, and the federal circuit courts. He credits much of his success in court to thorough preparation, the use of advanced, proprietary trial technology in the presentation of defenses in court, and luck.
Roger has environmental law experience with trials in state and federal courts in AZ, NV, and OH, as well as administrative enforcement actions in AZ and NV. I have achieved good results in cases involving class action toxic tort claims for floods and toxic chemical releases, cases under CERCLA, RCRA, State Superfund, NPDES, air, UST, stormwater, and nuisance law. As an assistant attorney general for the State of Arizona, he represented all of the environmental programs for the state agency included delegated USEPA authorities for air, waste, water, Superfund, UST, and nuisance cases. In addition, he participated in the task force that the Legislature created to revise the state’s superfund law. He liaised with USEPA Region 9 on behalf of the State of Arizona and have lobbied USEPA in Washington, D.C. on behalf of private clients. He has also worked on Capitol Hill for members of the U.S. House of Representatives.
Respective Environmental Cases:
Sharlands Apts. v. Nevada Dept. of Environmental Protection (Admin. 2018)(settled for $25,000 administrative action against property development company from allegations of non-compliance with NPDES general permit for storm water management at 20 acre construction site).
USEPA v. Milum Textiles Services, Inc. (Admin. 2018)(defending laundry company involved in Motorola 52nd Street Superfund Site (OU-3) in Phoenix from Unilateral Administrative Order from USEPA).
Roosevelt Irrigation Dist. v. Salt River Project Agric. Improvement Power Dist. (D. Ariz. 2014)(defending CERCLA cost recovery against dry cleaner and 30 other companies regarding contamination of groundwater by trichloroethylene and perchloroethylene from Motorola 52nd USEPA Street Superfund Site in Phoenix);
Ariola v. City of Stillwater, (Minn. App. 2014)(toxic tort case involving contamination of water by micro-organisms causing death to two children);
Kroshus v. United States, (D. Nev. 2011)(defended Truckee Carson Irrigation District from toxic tort, class action claims in federal court by 1,600 homeowners in Fernley, NV, regarding flood damages from levy break that was settled on consolidated basis for $18.183 million);
Reynolds v. Truckee Carson Irrigation District, (3rd Distr. 2009)(defended Truckee Carson Irrigation District from toxic tort, class action claims in state court by 1,600 homeowners in Fernley, NV, regarding flood damages from levy break that was settled on consolidated basis for $18.183 million);
Owens v. City of Tulsa (Tulsa Supr. Ct. 2007)(contamination of water by micro-organisms causing death of two children);
Stalls v. Rose Valley Water Co. (Az. Superior Ct. 2002)(contamination of water by micro-organisms causing death to two children);
Griego v. Bechtel Corp. et al. (Clark Co. 2004)(defended Kiewitt Construction in class action case involving 1,500 workers at Yucca Mountain alleging silicosis claims);
Blair v. Eagle-Picher Industries, Inc. (10th Cir. 1992)(represented manufacturer of rubber curing presses insulated with asbestos containing insulation in BFG tireworkers’ litigation);
Rice v. Dudick Corrosion-Proof (App. 1989)(defended employer from wrongful death claim from toxic styrene exposure under exception to workers compensation immunity);
Ferriot v. Ashland Oil Co. (Summit Co. C.P. 1996)(contamination by benzene from oil company tank farm);
As assistant attorney general for the State of Arizona (1996-2000) handled environmental enforcement actions against TRW (RCRA violations), Unocal (benzene contamination), and others.
State of Arizona v. American Linen Supply Co., (D. Ariz. 1997)(CERCLA case settled for $1 million penalty).
State of Arizona v. TRW (D. Ariz. 1999)($10 million penalty for RCRA violations in disposal of hazardous waste).
State of Arizona v. Rainbow Enterprises (D. Ariz. 1997)(consent decree in air contamination case)
State of Arizona v. Cyprus Sierrita (D. Ariz. 1997)(consent decree to reduce sulfur dioxide emissions from Green Valley molybdenum roasters).
Member, Study Oversight Legislative Committee for WQARF Study (state superfund)(1997).
Roger also has worked professionally in public service on Capitol Hill in Washington, D.C. for two members of Congress and as an Assistant Attorney General for the State of Arizona where he was a criminal prosecutor of civil and criminal cases against some of the state’s largest corporations. He has been a speaker at the U.S. Judicial Conference for the Second Circuit on the use of neuro-technology and the law where he followed Justice Ruth Bader Ginsberg on the panel. His J.D. is from Case Western Reserve University, Cleveland, Ohio, where he was Articles Editor on Law Review and Order of the Coif. His bachelor’s degree is in History from Cornell University, Ithaca, N.Y. Roger is licensed to practice law in Arizona, Utah, New Mexico, and Nevada.