Overview

Colin Proksel focuses his practice on complex litigation across a wide set of industries. With over fifteen years of experience, he has a long track record of success representing clients in both state and federal court, alternative dispute resolution processes (including mediation and arbitration), and administrative proceedings.

Colin graduated with distinction from the University of Iowa College of Law. Before joining Osborn Maledon, he served as a law clerk to the late Honorable Arthur L. Alarcón on the U.S. Court of Appeals for the Ninth Circuit and by designation in the Sixth and Eleventh Circuits. He was also a litigator at major firms in Chicago, New York, and California.

Colin is a Director on the Arizona Capital Representation Project Board of Directors and a member of the City of Phoenix’s License Appeals Board.  He is a former Director of the Maricopa County Bar Association Board of Directors.

Representative Matters

GENERAL

  • Obtained dismissal of complaint for breach of contract, breach of implied contract, breach of the duty of good faith and fair dealing, promissory estoppel, quantum meruit, and unfair competition under California Business and Professions Code Section 17200, et seq., based on lack of lack of subject matter jurisdiction. Dedicato Treatment Ctr., Inc. v. Salt River Pima-Maricopa Indian Cmty., No. 22-CV-04045 (C.D. Cal. Oct. 2, 2023).
  • Obtained dismissal with prejudice of complaint for defamation, malicious prosecution, intentional infliction of emotional distress, and negligence related to an injunction. Woodall v. Calderon, et al., No. CV2022-051203 053165 (Maricopa Super. Ct. Aug. 2023).
  • Obtained voluntary dismissal of complaint for breach of contract, promissory estoppel, and intentional interference with contract related to a publishing agreement. Fugate v. Kinicki, et al., No. 22-cv-10483 (S.D.N.Y. July 10, 2023).
  • Obtained dismissal with prejudice of breach of contract claim related to a student handbook. Suleymanov v. Carrington College (AZ), Inc., No. CV 2022-053165 (Maricopa Super. Ct. Feb. 14, 2023).
  • Favorably settled claims concerning the alleged breach of a settlement agreement arising out of disputed tax liabilities for various limited liability companies.
  • Obtained dismissal of wrongful-death claims based on lack of personal jurisdiction. Schomburg v. Armstrong Cement & Supply Corp., et al., No. 2098/22060030 (Ct. Com. Pl. Phila. Cty. Sept. 30, 2022).
  • Obtained judgment on the pleadings of complaint for breach of contract claim on behalf of plaintiff. CSP Consultants Group, LLC v. 3BM Consulting Services, LLC, No. CV2021-013948 (Maricopa Super. Ct. Dec. 15, 2021).
  • Obtained dismissal of claims for tortious interference and business disparagement and transfer of remaining claim for breach of the covenant of good faith and fair dealing under 28 U.S.C. § 1404(a) in firearm-related intellectual-property dispute. KE Arms LLC v. GWACS Armory LLC, No. CV-20-01625, 2021 WL 871736 (D. Ariz. 9, 2021).
  • Obtained voluntary dismissal with prejudice of Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. § 1962(c)) and fraud claims in student-loan debt-resolution matter. Winkler v. GM Law Firm LLC, et al., No. CV-20-08248 (D. Ariz.).
  • Obtained reversal of fines imposed by the Maricopa County Flood Control District Board of Hearing Review against mining company. B.C. Sand and Rock Co. Inc. v. Flood Control District of Maricopa County, No. 1 CA-CV 19-0652, 2021 WL 58145 (Ariz. Ct. App. Jan. 7, 2021), review denied (June 30, 2021).
  • Favorably settled claims concerning alleged product defects, breach of warranty, negligence, unfair business practices, and fraud on behalf of bedding manufacturer.
  • Obtained reversal of denial of summary judgment and remand with instruction to enter summary judgment in favor of major university in high-profile constitutional rights and tort action. Felarca v. Birgeneau, 891 F.3d 809 (9th Cir. 2018).
  • Represented Robert Daisley, former bandmate of Ozzy Osbourne, in fraud and accounting action against music publisher. Daisley v. Blizzard Music Limited (US) et al., No. 2:17-cv-01500 (C.D. Cal.).
  • Assisted multiple individuals who were injured in acts of international state-sponsored terrorism in seeking compensation from the U.S. Victims of State Sponsored Terrorism Fund under the Justice for United States Victims of State Sponsored Terrorism Act.

INSURANCE

  • Favorably settled insurance claim against commercial general liability insurer concerning construction defects on behalf of home builder. United Specialty Ins. Co. v. Dorn Homes Inc., No. CV-18-08092 (D. Ariz.).
  • Obtained ruling that insurer’s advice-of-counsel defense waived work product protection for uncommunicated documents in insurer’s attorney’s file throughout entire course of the litigation against insured. United Specialty Ins. Co. v. Dorn Homes Inc., 334 F.R.D. 542 (D. Ariz. 2020).
  • Obtained ruling excluding portions of well-known insurance expert’s report and to prohibit testimony on related matters. United Specialty Ins. Co. v. Dorn Homes Inc., CV-18-08092, 2020 WL 4464400 (D. Ariz. Aug. 4, 2020).
  • Advised specialty line insurer concerning pollution issues.
  • Advised insurer concerning lender-placed insurance.
  • Advised specialty line insurer concerning reinsurance issues.
  • Prevailed in two-week hearing, in which court rejected claims of a breach of fiduciary duty and bad faith and motion for contempt for alleged failure to comply with previously confirmed arbitration award, on behalf of insurer. Arrowood Indemnity Co. v. Trustmark Ins. Co., No. 03-cv-1000, 938 F. Supp. 2d 267 (D. Conn. 2013), affirmed 560 Fed. App’x 75 (2d Cir. 2014).
  • Defended large provider of property and casualty coverage for Catholic Church entities in tort and coverage actions arising out of alleged clergy abuse. Whalen v. Catholic Mutual Relief Society, No. DDV-2012-9756 (Mont. 1st Jud. Dist. Ct., Lewis & Clark Cnty.).
  • Obtained summary judgment against reinsurer in a matter relating to purported offsets on behalf of insurer. Clarendon National Ins. Co. & Clarendon America Ins. Co. v. Trustmark Ins. Co., No. 09-cv-9896 (S.D.N.Y. Jan. 13, 2012).
  • Represented reinsurer in action to disqualify arbitrator and for preliminary injunction. Trustmark Ins. Co. v. Clarendon National Ins. Co., No. 09 C 6169 (N.D. Ill. Feb. 2010).
  • Represented reinsurer in fraud suit regarding concealment of evidence material to adverse award in prior arbitration and motion to enjoin related arbitration. Trustmark Ins. Co. v. John Hancock Life Ins. Co., No. 09-cv-3959 (N.D. Ill. Jan. 2010).
  • Defeated reinsurer’s attempt to reduce its obligations under an arbitration award for debts allegedly due to it from prior, unrelated matters on behalf of insurer. Trustmark Ins. Co. v. Clarendon National Ins. Co., No, 09-C-1673, 2009 WL 4043110 (N.D. Ill. Nov. 20, 2009).
  • Represented insurer in multiple arbitrations concerning workers’ compensation losses.

CONSTRUCTION / REAL ESTATE

  • Represent owner in multi-million dollar lawsuit against general contractors for various defects in an eight-building, 160-unit apartment complex.
  • Favorably settled claims for breach of contract, breach of the duty of good faith and fair dealing, breach of fiduciary duty, and reformation of contract arising out of high-end residential loan agreement on behalf of borrower.
  • Favorably settled claims for breach of contract, breach of fiduciary duty, and related business tort claims arising out of alleged partnership agreement to build and sell a high-end spec home on behalf of investor.
  • Favorably settled claims claim for breach of contract arising out of listing on a multiple listing service on behalf of broker.
  • Favorably settled claim for breach of contract arising out of agreement to market and auction multi-million vacation property on behalf of investor.

EMPLOYMENT

  • Favorably settled claims of tortious interference with contractual relations and civil conspiracy arising out of employment dispute.
  • Obtained summary judgment on behalf of employer against former employee’s Employment Protection Act claim based on admissions obtained in deposition testimony. Nelson v. Newmark Knight Frank, No. CV-17-03150, 2019 WL 6875469 (D. Ariz. Dec. 17, 2019).
  • Obtained dismissal on behalf of employer of former employee’s breach of contract and promissory estoppel claims. Nelson v. Newmark Knight Frank, No. CV-17-03150, 2018 WL 6435766 (D. Ariz. Dec. 7, 2018).

TRADEMARKS

  • Favorably settled likelihood-of-confusion dispute under 15 U.S.C. § 1052(d) between developer of artificial intelligence/recruiting assistive intelligence platforms and global building-materials company concerning various trademarks and service marks on behalf of software developer.
  • Favorably settled likelihood-of-confusion dispute under 15 U.S.C. § 1052(d) between transportation and spend-management service providers concerning various trademarks and service marks.

CONSTITUTIONAL LAW

  • Obtained post-conviction relief based on sentences that were not, at the time of sentencing, permitted by Arizona law. State of Arizona v. Camargo, No. CR2007-1444407-001 (Maricopa Super. Ct. Jan. 30, 2024).
  • Obtained relief on appeal requiring Department of Health Services to amend the gender marker on appellant’s birth certificate. In the Matter of S.G., No. 2020C-OVR-0028-DHS (O.A.H. Feb. 7, 2022).

PRO BONO

  • Won appeal requiring Department of Health Services to amend the gender marker on appellant’s birth certificate. In the Matter of S.G., No. 2020C-OVR-0028-DHS (O.A.H. Feb. 7, 2022).

TELEPHONE CONSUMER PROTECTION ACT (TCPA)

  • Favorably settled TPCA putative class action. Mujahid v. Divvymed, LLC, No. CV-19-05454 (D. Ariz.).
  • Favorably settled TPCA claim. Vondran v. Costco Wholesale Corp., et al., No. CV-18-01524 (D. Ariz.).
  • Favorably resolved TPCA claim. Hassen v.  Tryke Companies LLC, No. CV-18-03725 (D. Ariz.).

AWARDS

  • Best Lawyers®, Commercial Litigation, 2022-2024

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