Mr. Scheurich's practice focuses upon commercial litigation and trials with emphasis on real estate, landlord’s remedies, lien enforcement and title and escrow liability lawsuits and related proceedings. In addition, his practice includes general commercial litigation and the defense of accounting firms and CPAs in civil litigation and before state board of accountancy. Mr. Scheurich’s experience includes:
- The regular representation of the largest Phoenix-area title companies and their insureds in the defense of escrow and title liability claims.
- Co-author of the successful amicus curiae brief submitted on the behalf of the Land Title Association of Arizona in Luce v. State Title Agency, Inc., 190 Ariz. 500, 950 P.2d 159 (App. 1997), in which the Arizona Court of Appeals held that an escrow agent, who had recorded certain documents as a courtesy to an out-of-state escrow agent, owed no duty of care to the parties to the underlying real estate transaction.
- Negotiated and documented a court-approved class action settlement involving claims by certified state-wide class alleging improper escrow fees.
- Successfully defended an injunction action brought against a large publicly-traded real estate investment trust seeking to block a proposed merger with the real estate affiliate of a major domestic insurer.
- Following several years of litigation, securing the dismissal of common law fraud and fraudulent transfer claims against a group of attorneys, together with an award of attorneys’ fees and sanctions totaling several hundred thousand dollars.
- Secured mandatory preliminary injunction regarding a roadway improperly built within a subdivision drainage easement.
- Obtained dismissal of escrow negligence lawsuit seeking indemnity for $10 million specific performance claim.
- Following a two-week trial, obtained a judgment for the buyer in a real estate contract specific performance lawsuit that represented a gain in value of $12 million dollars over original purchase price.
- Obtained defense verdict following a jury trial of buyer’s claim of fraud in the sale of an apartment complex.
- Recovered embezzled monies in multi-state prejudgment garnishment and fraud proceedings that also resulted in imprisonment of the defendant.
- Managed and prosecuted collection, foreclosure and work-out of portfolio of real estate secured non-performing loans for large investment trust.
Education
- University of Arizona (B.A. high distinction 1976)
- University of Arizona (J.D. 1979)
- Article and Note Editor for the Arizona Law Review
- Outstanding First-Year Writer's Award
Court Admissions
- State Bar of Arizona
- United States District Court, District of Arizona
- Ninth Circuit Court of Appeals
Professional Memberships and Activities
- American Bar Association - Real Property, Probate and Trust Law and Litigation Sections
- State Bar of Arizona - Real Estate Law Section
- Mandatory Continuing Legal Education Committee of the State Bar of Arizona - former Chairman
- Disciplinary Commission of the Arizona Supreme Court - former Volunteer Bar Counsel
Other Professional Experience
- Law Clerk to Honorable Joe W. Contreras of the Arizona Court of Appeals
- Judge Pro Tempore, Arizona Court of Appeals
Publications
- "The Duties of Title Insurers in the Non-Insurance Context," published in the Arizona Bar's Real Property Section Journal and re-published by the American Bar Association in the Title Insurance Litigation Committee's Newsletter.
- “The Attorney ‘No-Comment’ Rules and the First Amendment,” Arizona Law Review.
- “Double Jeopardy and Successive Prosecutions by Tribal and Federal Courts,” Arizona Law Review.
- Co-Editor, Symposium: The Federal Land Policy and Management Act of 1976, Arizona Law Review.
Community Activities
- Chair-Elect of Board of Directors, Beatitudes Campus, a residential and health care facility for the elderly
- Former Member, Phoenix Arts Commission
- Past Chair, Chris-Town YMCA
- Former Member, Madison Educational District Foundation
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