More than 25 years of complex litigation success,
and sophisticated environmental, business, insurance, real estate and contract advice.

Peer Review Rating
AV Preeminent 5 out of 5


Client Review Rating
Preeminent 5 out of 5

About Law Offices of Joel L. Herz

With substantial courtroom experience through scores of trials, arbitrations and appeals, we know how to try and win complex cases. Included in our success is an over $14 million victory over Halliburton. Since 1988, Joel Herz has handled more than 100 complex environmental litigations and been involved at hundreds of Superfund and other environmental sites, including cost recovery and insurance recovery actions for clients, including large New York Stock Exchange companies. Joel Herz has been AV® PreeminentTM rated by Martindale Hubbell® for 24 consecutive years and has been selected as one of Arizona’s “Top Rated Lawyers For 2017”® by The American Lawyer in the areas of civil litigation, environmental law and insurance. Before founding Law Offices of Joel L. Herz in 1994, Joel Herz practiced for over 5 years in the litigation and environmental practice groups with the New York office of Fried, Frank, Harris, Shriver & Jacobson. He spent significant time handling complex environmental, insurance and real estate cases.

Practice Areas

Complex Litigation

Joel Herz has a wealth of specialized subject-matter expertise. Yet, he is first and foremost a trial lawyer who strives to remain a generalist. Every case he handles presents a new and unique challenge to master complex factual scenarios. This approach has served our clients well by recovering tens of millions of dollars for businesses and individuals in a broad range of cases involving breaches of contract, business torts, unfair competition and environmental contamination, to name a few. We have represented businesses of every size, from some of the world's largest publicly traded companies, to individual proprietorships and have litigated complex disputes throughout the country.

Environmental Law and Litigation

Having been involved at more than 100 Superfund and other environmental sites throughout the country, we understand the nuances of the regulatory framework established under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), and other federal and local environmental laws, allowing us to effectively litigate CERCLA, RCRA and toxic tort disputes, including those at Superfund sites. We also advise clients on environmental property issues including purchase, sale, and Brownfield issues, in addition to guiding businesses, developers, landowners and other clients through EPA and State enforcement and regulatory processes.

Insurance Litigation

In addition to handling environmental insurance recoveries for environmental clients, we actively pursue a myriad of insurance recovery actions including large dollar disability insurance claims under ERISA. Representative cases include DeSoto, Inc. (DeSoto, Inc. v. Liberty Mutual Insurance Company (1994), United States District Court for the District of New Jersey (“DeSoto/Liberty Mutual I”) (DeSoto, Inc. v. Liberty Mutual Insurance Company (1995), United States District Court for the District of New Jersey (DeSoto/Liberty Mutual II”) and Hicks-Vaughan, M.D. v. Provident Life and Accident Insurance Co., Case No. CV02-77 TUC-JMR, United States District Court, District of Arizona (2002); Clark v. Reliance Standard Insurance Co., et al., Case No. CV 07-00306-TUC-RCC, U.S. District Court, District of Arizona (2007); Zonis v. Allen and Duo Concepts International, Inc. et al. Case No. C2009-030335, Superior Court of the State of Arizona, Maricopa County (2009).

Aviation Litigation

We are a “go to” firm for various Maintenance, Repair and Overhaul (MRO) organizations throughout Southern Arizona handling MRO disputes, aircraft foreclosures and pre-contract advice. We have also represented various aircraft parts suppliers in different types of complex litigation.

Mold Litigation

We aggressively litigate toxic mold cases against homeowners, builders and apartment complexes including all aspects of recovery against insurance carriers. Significant cases include Gleckler v. Meritage Homes, et al., Case No. C20099727, Superior Court of the State of Arizona, Pima County (2009); Renstrom v. C&N Roofing, et al., Case No. CV2011-000898, Superior Court of the State of Arizona, Maricopa County (2011); and Martino v. Greystar Investment Group, LLC, et al., Case No. CV2011-021036, Superior Court of the State of Arizona, Maricopa County (2011).

Business Law and Contract Advice

We prepare, review and revise contracts before signature, including purchase and sale agreements, real estate agreements, loan documents, employment agreements, non-competition agreements and indemnity agreements. With vast experience litigating contracts, we understand that precision of language is critical, and what language must be included, before any contract is entered into.


University of Michigan Law School, Ann Arbor, Michigan, J.D., 1987

University of Michigan, Ann Arbor, Michigan, A.B., with Honors, 1985, Dean’s List


States of Arizona, New York and New Jersey

United States Supreme Court

United States Circuit Courts of Appeal for the Second, Fifth, Eighth and Ninth Circuits

United States Court of Claims

United States District Courts for the District of Arizona, Southern District of New York, Eastern District of New York, District of New Jersey, Northern District of Texas, Northern District of California, Eastern District of Wisconsin, Eastern District of Arkansas, Western District of Arkansas, Northern District of Illinois (Trial Bar), Northern District of Oklahoma, Western District of Oklahoma

Representative Published Opinions

Arizona v. City of Tucson, 761 F.3d 1005 (9th Cir. 2014)
SIPC v. Bernard L. Madoff Inv. Secs, LLC, 496 B.R. 744 (Bankr. S.D.N.Y. 2013)
Halliburton v. NL Industries, Inc., 703 F. Supp. 2d 666 (S.D. Tex. 2010)
Tremont LLC v. Halliburton Energy Svs., Inc., 696 F.Supp. 2d 741 (S.D. Tex. 2010)
Halliburton v. NL Industries, Inc., 648 F. Supp. 2d 840 (S.D. Tex. 2009)
United States v. Halliburton and NL Industries, 2009 WL 3260540 (S.D. Tex. 2009)
Halliburton v. NL Industries, Inc., 618 F. Supp. 2d 614 (S.D. Tex. 2009)
Halliburton v. NL Industries, Inc., 553 F. Supp. 2d 733 (S.D. Tex. 2008) affirmed per curium
Airfreight Express, Ltd. v. Evergreen Air Ctr., Inc., 215 Ariz. 103, 158 P.3d 232 (App. 2007)
In re FV Steel and Wire Co., 372 B.R. 446 (Bankr. E.D. Wis. 2007)
Lemon v. Harlem Globetrotters Int'l, Inc., 437 F. Supp. 2d 1089 (D. Ariz. 2006)
Glidden Co. v. FV Steel and Wire Co., 350 B.R. 96 (E.D. Wisc. 2006)
The Ninth Ave. Remedial Group v. Fiberbond Corp., 946 F.Supp. 651 (N.D. Ind. 1996)
Gl Industries of Michigan v. Forstmann-Little, 800 F. Supp. 695 (S.D. Ind. 1991)
New York City Housing Authority v. Johnson, 565 N.Y.S.2d 362 (N.Y. Sup. 1990)


Arizona Chapters to Brownfields: A Comprehensive Guide To Redeveloping Contaminated Property published by the American Bar Association Section of Natural Resources, Energy and Environmental Law (First Edition, 1997, Second Edition, 2002, and Third Edition, 2009)

Editor, Toxic Mold Litigation, published by Lawyers & Judges Publishing Company, Inc. (First Edition, 2005 and Second Edition 2008)

Brownfields: A Comprehensive Guide To Redeveloping Contaminated Property

To understand the environmental and economic challenges of redeveloping contaminated property, Brownfields provides detailed information in all related disciplines to help you make informed decisions and implement effective strategies for change. Written by over 100 experts, the book's advice includes finding funding sources, resolving legal, financial, and political issues associated with redevelopment, and provides a single source for evaluating every State Voluntary Cleanup Program, including financial and tax incentives, eligible or excluded properties, cleanup standards, and liability protections.

Toxic Mold Litigation

This book is a practical reference for lawyers and non-lawyers that have felt the impact of mold upon commercial and residential real estate, whether from the vantage point of insurance, construction or ownership. It is written for lawyers and others who want to gain a common sense understanding of the current legal issues affecting today's brand of mold litigation. Topics include Introduction and History of Toxic Mild Awareness, Mold Cases in the United States: An Update of Recent Cases, Assessing the Mold Claim and Preparing for Trial Update: The Science Behind Mold Litigation, Mold Insurance Coverage, Mold and Government Regulations and more.

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Contact Information

Law Offices of Joel L. Herz
La Paloma Corporate Center
3573 E. Sunrise Drive, Suite 215
Tucson, AZ 85718
(520) 529-8080