Andrew B. Turk is Senior Counsel in Clark Hill’s Litigation and Health Care practice groups and has extensive experience with health care litigation as well as with tort, and insurance litigation. His practice currently emphasizes complex civil litigation including health care, medical malpractice, and business disputes, he also has experience with wide range of commercial matters, trade secret and insurance coverage litigation and elder abuse litigation. He also frequently provides ADR services as a mediator or arbitrator.
In the area of long-term care, Andy has represented doctors, skilled nursing facilities, and assisted living facilities in lawsuits arising from allegations of neglect and abuse. He won a trial on behalf of a doctor/medical director, as well as a summary judgment or dismissal on behalf of other providers. For approximately five years, Andy represented the Arizona interests of a national care provider in court and mediation.
He is also actively involved in providing alternative dispute resolution services. As a mediator and arbitrator, Andy has presided over matters ranging from general liability tort issues to complex real estate transactions and injunctive relief.
Since 2001, he has served as a volunteer judge pro tempore, and has handled civil, criminal, and juvenile matters.
Reported decision: Saguaro Healing LLC v. State of Arizona, et al. (2020) CV-19-0129-PR.
- Obtained dismissal of long term care facility after demonstrating proper physical therapy was provided.
- Successfully sought exclusion of undisclosed expert opinions in elder abuse case leading to settlement on favorable terms.
- Obtained summary judgment in favor of physician in medical malpractice case after demonstrating lack of notice.
- Assisted client in developing program to ensure confidentiality of quality assurance materials.
- Obtained the dismissal of a $12 million deficiency claim brought by the FDIC in an AAA arbitration proceeding.
- Obtained summary judgment against 40 plaintiffs on behalf of the owner of a multi-family housing complex in a toxic tort case.
- Successfully defended a manufacturer of hard board siding against moisture intrusion and growth of mold product defect claims by more than 100 plaintiffs.
- In three separate lawsuits, defended three limited liability companies and their managing member against fraud, breach of contract, and securities violations claims by disgruntled members.
- Successfully defended owner and manager of an apartment complex against claims of negligent hiring and retention when plaintiff’s mother was murdered by an employee of the apartment complex.
- Successfully obtained summary judgment in favor of two executives and officers of a property management company in a complex toxic tort case.
- As a volunteer judge pro tem and paid mediator, presided over more than 80 settlement conferences and mediations. Also presided over numerous jury trials and arbitrations.
- Member, Maricopa County Bar Association
- Board Member (2001-2006)
- CLE Committee (2001-2003)]
- Litigation Section (2013-Present)
- Hall of Fame Selection Committee (2016- Present)
- Member, Maricopa County Car Association Young Lawyers Division
- Board Member(1996-2002)
- Executive Council Member (1997-2002)
- President (2000-2001)
- Secretary (1998-1999)
- Co-Chair, Recruitment/Marketing Subcommittee (1998-1999)
- Member, State Bar of Arizona
- Civil Jury Committee (2010-2016)
- Alternative Dispute Resolution Section (2007-2009)
- Civil Practice and Procedure Committee (1998-2007)
- Subcommittee on Proposed Jury Reform (1999)
- Subcommittee on Electronic Filing (2000)
- Subcommittee on Unauthorized Practice of Law (2001)
- Subcommittee on Electronic Discovery (2003-2004, 2006)
- Subcommittee on Rule 10 (d) (2003-2004)
- Subcommittee on Rule 28 (2004), Chair
- Subcommittee on 700 Series Rules of Evidence (2004)
- Subcommitte on Uniform Interrogatories (2006)
- 2002 State Bar Convention Committee
- Trial Practice Section
- Intellectual Property Section (1993-1996)
- Member, American Health Lawyers Association (2010- Present)
- Panel Member- Dispute Resolution Service (2015-Present)
- Member, American Bar Association
- Member, Natural Resouce, Energy and Environmental Law Section (1993-2009, 2015- Present)
- Member, Host Committee, ABA-YLD Fall Conference 2000
- Member, Litigation Section (2001-2009, 2015 to Present)
- Member, Lorna Lockwood Inn of Court (2004-2007)
- Member, Horace Rumpole Inn of Court (1999-1997)
- Member, Association of Trial Lawyers of America (1993-1995)
- Member, Arizona Trial Lawyers Association (1993-1995)
"Chapter 29 – Settlement Conferences and Private Mediation" and "Chapter 30 – Rules and Procedures for Arbitration Cases," Contributor, Arizona Litigation Guide, Sixth Edition, Maricopa County Bar Association (December 2020)
Best Practices for Preparing for a Successful Mediation, Arizona Attorney Magazine, State Bar of Arizona (November 2020)
Checklist for a successful mediation, Maricopa Lawyer (February 2018)
Mandatory ADR, Arizona Litigation Guide (with Nathan Kunz) (April 2015)
Six Rules for Mediation, Local First Arizona Newsletter (November 2014)
The Benefits of Vounlenteerism, PROFESSIONALISM PERSPECTIVES, Defense Research Institute, Lawyers Professionalism and Ethics Committee (October 2007)
Ethics: A Sure Path to Success for Young Lawyers, PROFESSIONALISM PERSPECTIVES, Defense Research Institute, Lawyers Professionalism and Ethics Committee (January 2007)
Don’t Miss Out on Life Because of Lawyering (Reprinted) The Affiliate (Vol.5, No. 5, May/June 2001)
YLD President’s Column, The Maricopa Lawyer (Monthly August 2000-December 2001)
The Most Commonly Asked Questions in Environmental Law, Copy Editor 1997 Spill and Release Reporting Requirements in ARIZONA ENVIRONMENTAL LAW MANUAL (1995) (Co-Author), (1998 supplement) (Lead Author)
Book Review Column, Environmental Regulation Co-Authored Quarterly in Spring 1994-Winter 1995 Issues
Superman’s Greatest Battle in Gold & Silver, Overstreet’s Comic Book Quarterly (January-March 1994)
Panelist, "Fiduciary Duties After the New Arizona Limited Liability Company Act: Litigation of Fiduciary Duties under the Old LLC Act and Common Law," State Bar of Arizona Convention 2020 (December 2, 2020)
Presenter, "Limiting Liability in Time of Pandemic," Lorna Lockwood Inn of Court (November 18, 2020)
Panelist, "Family Court Professionals During COVID-19," Arizona Chapter of the Association of Family and Conciliation Courts (Az AFCC). (August 7, 2020)
Presenter, "Mediation Checklist," Maricopa County Bar Association (June 23, 2020)
Panel Moderator, "Courtroom Advocacy," Maricopa County Bar Association’s Bench Bar Conference (October 2019)
Speaker, "How to Avoid ADR Hazards and Get Amazing but Different Results," NALS 67th Annual Education and Networking Conference, (September 21, 2018)
Speaker, "Six Topics in Sixty Seconds," Assisted Living Federation of America, Arizona Chapter, Spring Conference (April 2017)
Panel Moderator, "Sexism in the Law," Maricopa County Bar Association’s Bench/Bar Conference (September 2016)
Speaker, "Settlement Conferences & Mediation in Arizona," Assisted Living Federation of America, Arizona Chapter, Spring Conference (April 2016)
Adjunct Professor, Civil Pretrial Practice, Sandra Day O’Connor College of Law, Arizona State University (Spring Semester 2013-2017)
Adjunct Professor, Personal Injury Litigation (A segment of the General Practice Course), Arizona Summit Law School (Spring and Summer 2014)
Moderator, "War Stories/Lessons Learned," Maricopa County Bar Association Litigation Section (November 2013)
Faculty Member, Trial Skills Institute, Maricopa County Bar Association Litigation Section (October 2013)
Speaker, "Getting and Keeping a Good Legal Job in a Down Economy," Co-hosted by: The State Bar of Arizona, Young Lawyers Division and The Maricopa County Bar Association, Young Lawyers Division (April 2009)
Speaker, "Contract Law for Comic Book Creators," Phoenix ComicCon (January 2009, May 2010)
Speaker, "Breaking Down the New Short Trial Program," (Pros and Cons of Compulsory Arbitration & Ethics and Hidden Issues in ADR) Lorman Education Services (June 2008)
Speaker, "Nuts and Bolts of Civil Procedure," (Discover & Disclosure), State Bar of Arizona (2006-2009)
Speaker, "Civil Litigation Rules and Case Law Update," (Arizona Rules of Civil Procedure and Arizona Rules of Evidence), State Bar of Arizona, Annual Convention (June 2002-2005)
"Toxic Mold Claims: A New Wave of Liability Litigation?" Maricopa County Bar Association, Corporate Counsel Division Luncheon (January 2003)
"Mold: What’s At Stake?- New Challenges: Why, Who and How to Prevent Mold Claims?" Arizona Association of Industries, 11th Annual AAI Envrionmental Summit (August 2002)
Discovery and Disclosure Disputes with Hon. Michael A. Yarnell, Chair, MCBA Young Lawyers Division (March 2000)
Professionalism for Young Lawyers with Hon. Jonathan H. Schwartz, Chair, MCBA Young Lawyers Division (February 2000)
Ethical Evening at the Theatre: The Sequel, Co-Chair/Moderator (April 1999)
Executive Enterprises, Inc., Spill and Release Reporting (Bi-Annually June 1994- December 1995 and November 1997)
Triggers of Coverage in Recent California Cases, Insurance Women of Arizona (1996)
Practicing Law in the 21st Century, State Bar of Arizona, 63rd Annual Convention (1996)
Awards & Recognitions:
AV Rating - Martindale Hubbell
Selected to the Southwest Super Lawyers list in Commercial Litigation from 2013-2020
Featured in AZBusiness Leaders 2019 in Healthcare Law
Selected for inclusion in Best Lawyers of America, Commercial Litigation, 2013-2017
Recognized as a Business Leader in AZBusiness Leaders, 2017
Arizona’s Finest Lawyers 2014-2016
Selected as a Top 100 Lawyer in Arizona, AZBusiness Magazine 2016, 2020
AZRE’s Top People to Know in Commercial Real Estate, Commercial Litigation, 2011
Recognized in a “Who’s Who” of Leading Lawyers, Phoenix Business Journal, January 2006
- Judge, Alan Matheson Client Counseling Competition, Sandra Day O’Connor College of Law, Arizona State University – 2016
- Member, Board of Directors, Valley Youth Theater (2011-2014)
- Chair (2012-2013)
- Vice Chair (2011-2012)
- Member, Board of Directors, Summit School of Ahwatukee (2010-2012)
- Member, Maricopa County Superior Court Commissioner Nominating Committee (2003-2007)
- Member, Foster Care Review Board (Maricopa 47) (2006-2009)
- Member, City of Phoenix Libraries Bond Subcommittee (2005)
- United Blood Services
- Community Leadership Council (2001-2005)
- Friends of United Blood Services, President (2001-2005)
- Member, City of Tempe Bicycle Advisory Committee
- Mayoral Appointee
- Vice Chair, 1996-1997
- Chair, Education Subcommittee, 1996-1007
- Brief Judge, Arizona State University College of Law’s 2003 William C. Canby, Jr. Appellate Advocacy Competition.