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Hon. Carl W. Hoffman (Ret.)

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Home Office: Las Vegas, Nevada View More
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Hon. Carl W. (Bill) Hoffman (Ret.) joined JAMS after serving eight years as a U.S. magistrate judge for the District of Nevada. In addition to handling hundreds of mediation and settlement conferences, he has substantial litigation and judicial experience in a variety of practice areas. His experience as both a trial lawyer and a judge enables him to efficiently and effectively evaluate cases and facilitate their resolution across a variety of practice areas.

Prior to becoming a federal judge, Judge Hoffman was the general counsel of the Clark County School District in Las Vegas, one of the largest school districts in the United States, where he litigated numerous cases in federal and state courts in matters involving civil rights, employment and labor, education, personal injury and construction. He was also appointed as a hearing officer for the Nevada Department of Personnel, where he arbitrated employee discipline and termination appeals. He additionally litigated numerous civil and administrative matters as a judge advocate in the United States Marine Corps.

Representative Matters

Business Commercial

  • Derivative Shareholder Litigation, Distribution of assets after company dissolution, Stock Purchases, Fiduciary Duty
  • Dissolutions of Medical and Dental practice dissolutions, Health Care Management Company, Law Firm; fee disputes, agreements not to compete
  • Consumer Fraud involving sales practices for automobiles, timeshares, fraudulent misrepresentation 
  • Credit Card disputes, including Fair Debt Collection Practices Act (FDCPA) 
  • Mediated over 400 hundred disputes between a national bank and customers 
  • Fair Credit Reporting Act (FCRA) and Truth in Lending Act (TILA) violations 
  • Homeowners Associations and CC&R disputes 
  • Trade Secret Violations – business related intellectual property 
  • Cattle ranch division, solar panel projects, oil drilling rights, gold and silver mining disputes 
  • Franchise agreements – fraud, contract breach, warranty disputes 
  • Security system failure resulting in property loss 
  • Use of performance-enhancing drugs (MMA fighter) 
  • Securities and Exchange Commission fraud claims, Ponzi scheme recovery

Civil Rights

  • Mediated and litigated numerous cases involving Section 1983 claims, excessive force against prisoners, excessive force arrests against suspects, false arrests on resort property, housing discrimination, free speech, equal protection, wrongful conviction by claimant accused of murder, wrongful arrest, prisoner wrongful death using Tasers and chokeholds, prisoner suicide, accidental shooting, deliberate indifference to medical needs of prisoners, dog killings and lifetime movement and residency restrictions for sex offenders

Construction

  • Litigated and mediated disputes in public and private construction projects, contract breach, entitlement to change orders in new and remodel projects, claims for performance and payment bonds, failure to pay subcontractors

Education Law & Title IX

  • Litigated claims involving equal expenditure of funds for athletic programs (Title IX), student and teacher sexual harassment, teacher and administrator tenure and promotion, student and faculty discipline, transgender student bathroom use policy, drug testing for student extracurricular activities, student expression claim involving a student valedictorian proselytizing at a high school graduation, administration’s selection of high school play involving gender identity, student expression, bullying, racial bias, the legality of school uniforms in public schools (First Amendment), children with special needs and the Individuals with Disabilities Education Act, Special Education advocacy, educational funding

Insurance

  • Insurance coverage disputes covering a wide array of issues, including business interruption claims, bad faith claims, automobile coverage, title insurance, homeowners insurance, legal malpractice, theft and fraud coverage, duty to defend in an employee embezzlement case, directors and officers insurance
  • Health Insurance claims against hospital providers, Supplemental Medicare benefits
  • Pharmacy company coverage disputes with managed health care companies

Intellectual Property

  • Lanham Act, Trademark infringement of medical products, technology software, dental care trademark, body sculpting trademark, trade dress in franchise dispute, alcoholic beverages and body waxing services
  • Trademark Infringement of high-end clothing brand
  • Copyright infringement concerning musical compositions
  • Patent infringement matters involving toys, gaming, on-line entertainment games, and gambling machines, telephone equipment and touchscreen device
  • Product licensing agreement of exotic products
     

Labor and Employment

  • Discipline and terminations based upon performance and misconduct, including termination of C-Suite executives, bonus and buy out disputes
  • Employee misclassification and class action wage and hour (FLSA) disputes involving bartenders of a chain of local casinos, table games supervisors, casino hourly shift employees, exotic dancers, limousine drivers, security workers, account executives and medical assistants, non-profit organizations
  • Title VII claims of wrongful termination, discipline or failure to hire or promote, alleging discrimination and retaliation based upon protected status such as race, religion, national origin and gender, including sexual harassment, in both small and large businesses and public entities
  • Americans with Disabilities Act (ADA) and Age Discrimination (ADEA) claims
  • Employment discrimination claims brought by the EEOC against a national chain of restaurants based upon Title VII sexual harassment and retaliation
  • Numerous claims alleging FMLA interference and retaliation
  • Mediated claims by exotic dancers alleging wrongful treatment related to weight, personal appearance and pregnancy
  • Race and National Origin discrimination 
  • Mediated and litigated numerous collective bargaining disputes, elections, representation, benefits, union grievances, reductions in force, lay-offs and employee-management relations disputes
     

Military Law

  • Litigated claims involving the Uniformed Services Employment and Reemployment Rights Act and Servicemembers Civil Relief Act

Personal Injury

  • Motor vehicle accidents and slip or trip and fall accidents involving big-box stores, grocery stores, restaurants, apartment complexes, resort properties, public schools and private home
  • Litigated catastrophic injuries of student athlete
  • Wrongful death caused by automobile, medicine and trucking company
  • Federal Tort Claims Act claims, slip and fall at TSA checkpoint and wrongful death caused by medical malpractice
  • Product liability/negligence claims, wrongful death caused by electrocution via arcade machine, accidental discharge of firearm by child and injury to passenger on national bus company
  • Invasion of privacy claims, unsolicited telephone calls by health insurance company (TCPA) and cameras in temporary housing rental
  • Railroad worker accident; Federal Employer’s Liability Act
  • Mediated business disparagement, civil conspiracy and defamation in construction of Skywalk, Grand Canyon
  • Defamation, intentional interference with economic advantage and interference with contractual relations 

     

Real Property

  • Wrongful foreclosure sale by homeowners association, quiet title claims and title insurance claims
  • Litigated eminent domain disputes    
  • Resort property tenant’s failure to remit taxes, realtor fees
     

Sexual Misconduct and Abuse

  • Arbitrator for U.S. Center for SafeSport addressing allegations of abuse and sexual misconduct claims by coaches and athletes (both adult and minor) in various sports under the U.S. Olympic and Paralympic Movement, and National Governing Bodies, more than 50 cases
  • University Title IX Hearing Officer and Appeals Officer for sexual misconduct, harassment, assault, abuse, stalking, and violence  
  • Independent Review Hearing Officer, engaged to make settlement recommendations to the Boy Scouts Settlement Trust distribution for abuse claims

Honors, Memberships, and Professional Activities

  • Member, Ninth Circuit Magistrate Judge’s Executive Board, 2018–2019
  • Chairman, Local Civil Rules Committee, District of Nevada, 2015–2019
  • Member, Nevada Commission on Judicial Discipline, 2004–2011
  • “One of Five Top Government Attorneys,” Nevada Business Journal, June 2008
  • Excellence in Educational Leadership Award, University Council for Educational Administration, February 2005
     

Background and Education

  • U.S. Magistrate Judge for the District of Nevada, 2011–2019
  • General Counsel, Clark County School District, 1995–2011
  • Hearing Officer, Nevada Department of Personnel, 2010–2011
  • Adjunct Instructor, University of Nevada, Las Vegas (Education Law), 1996–2004
  • Adjunct Instructor, Nova Southeastern University (Education Law), 2002–2011
  • Special Assistant United States Attorney, 1986–1987
  • Lieutenant Colonel, U.S. Marine Corps, Infantry and Judge Advocate, 1974–1995
  • LL.M., Judge Advocate General’s School; Charlottesville, Virginia; 1988
  • J.D., University of San Diego School of Law, 1981
  • B.A., University of Colorado; Boulder, Colorado; 1974
  • National War College; National Security Studies; Washington, D.C. (Distinguished); 1992
  • California Bar, 1981
  • Nevada Bar, 1994

Locations

Home Office

  • Las Vegas, NV

Available to Travel To

  • Atlanta, GA
  • Boca Raton, FL
  • Boston, MA
  • Century City, CA
  • Chicago, IL
  • Dallas, TX
  • Detroit, MI
  • Houston, TX
  • Inland Empire, CA
  • London
  • Los Angeles, CA
  • Miami, FL
  • Minneapolis, MN
  • New York, NY
  • Orange County, CA
  • Philadelphia, PA
  • Phoenix, AZ
  • Sacramento, CA
  • San Diego, CA
  • San Francisco, CA
  • Santa Rosa, CA
  • Seattle, WA
  • Silicon Valley, CA
  • St. Louis, MO
  • Toronto, ON
  • Walnut Creek, CA
  • Washington, DC

Virtual hearings available

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