Hon. Philip M. Pro (Ret.) joined JAMS following a distinguished federal judicial career spanning nearly 35 years, during which he earned a reputation for active case management, fairness, preparation, decisiveness, and a deep understanding of the law. As a United States District Judge for more than 27 years, he presided over a full range of cases involving intellectual property, commercial disputes, antitrust, securities, employment, class actions, multi-district litigation, and many others. Prior to his service on the Bench, Judge Pro had a distinguished career as a former Assistant U.S. Attorney for Nevada, Deputy Attorney General for the State of Nevada Gaming Division and a civil litigator.
As the only full-time United States Magistrate Judge in Las Vegas, Nevada, from 1980 to 1987, Judge Pro also presided over a wide range of pre-trial matters and settlement conferences in virtually all civil cases filed in federal court, including the MGM Grand Hotel Fire Litigation, MDL 453.
Judge Pro has traveled to over 20 countries to promote the rule of law through educational programs teaching independent judicial administration and case management. His experience and global perspective prove vital in resolving many different types of cases.
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ADR Experience and Qualifications
Judge Pro presided over and resolved by settlement, judgment, or trial, thousands of cases involving a wide range of issues, including:
Antitrust
Banking
Bankruptcy
Business/commercial
Class actions and collective actions
Corporate governance
Employment and labor disputes
Intellectual property: Copyright, patent, trademark, unfair competition
International discovery
Medical malpractice
Multi-district litigation: Antitrust, employment, mass tort, securities
Personal injury
Products liability
Securities
Representative Matters
Antitrust
Held that Natural Gas Act preempts state-law claims challenging alleged industry price fixing practices that directly affect wholesale natural gas market. In re Western States Wholesale Natural Gas Antitrust Litigation , MDL 1566
Multi-district litigation (MDL) case alleging antitrust conspiracy to artificially inflate energy prices and seeking remand to state court. In re California Retail Natural Gas and Electricity Antitrust Litigation , MDL 1406
Adjudicated gasoline retailers antitrust action against competitor alleging predatory pricing of gasoline in violation of Sherman Act and Clayton Act. Rebel Oil v. Atlantic Richfield Co. , 957 F.Supp. 1184 (1997)
Business/Commercial
Dispute related to authorization for banks to charge customers of other banks for usage of their automated teller machines (ATM). Valley Bank v. Plus Systems , 749 F.Supp. 223
Breach of contract action against real estate companies arising from dispute regarding 2,000 acre development
Federal savings association action against former bank employees alleging breach of fiduciary duty and violation of Nevada Uniform Trade Secrets Act
Countless actions related to breach of contract and breach of fiduciary duty
Numerous deficiency judgment actions on guarantees securing loans for real estate development
Numerous insurance coverage and bad faith claims
Settled action over liability of members of joint venture developing a large condominium complex following summary judgment
Adjudicated claims for interference with contractual relations arising in connection with real estate development auction
Employment/Labor
Disputes alleging age and gender discrimination, and hostile work environment
Disputes arising from retaliation claims
MDL action related to allegations that nationwide retailer systematically failed to pay overtime hours and altered employees time records. In re Wal-Mart Wage and Hour Employment Practices Litigation , MDL 1735
Sex discrimination case brought against owner/publisher of newspaper
Numerous sexual harassment and discrimination cases
Former employees’ class actions alleging systematic wage and hour violations under federal and state law
Lawsuits alleging disability discrimination under Americans with Disabilities Act (ADA)
Lawsuits brought by employees alleging failure to make reasonable accommodation for disabilities under the Fair Employment and Housing Act (FEHA) and Employee Retirement Income Security Act (ERISA)
Multiple collective actions and class actions brought under Fair Labor Standards Act
Numerous actions brought under Labor Management Relations Act
Numerous actions alleging breach of the duty of fair representation
Actions involving employee group health coverage claims under ERISA
Governmental and Environmental Litigation
Suit by property developer and City of Las Vegas against railroad seeking remediation costs for railroad’s contamination of property. City Parkway v. Union Pacific Railroad , 911 F.Supp.2d 1022 (2012)
Construing claims by former employees working at classified United States Air Force facility against EPA alleging violations of Resource Conservation and Recovery Act. Kaza v. Browner , 932 F.Supp. 254 (1996)
Citizen suit brought under Resource Conservation and Recovery Act (RCRA) and Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Frost v. Perry , 919 F.Supp. 1459 (1995)
Lawsuit related to project to widen section of federal interstate highway. Sierra Club v. U.S. Dept. of Transportation , 245 F.Supp.2d 1109
Action by organizations in Mexico and the United States regarding project to modify the “All American Canal” to prevent seepage of water to the Mexicali Valley. Consejo de Desarrollo Economico de Mexicali v. U.S. , 438 F.Supp.2d 1207 (2006)
Construing claims related to water diversion, transportation, and storage rights and authority of Nevada State Engineer with respect thereto. U.S. v. Alpine Land & Reservoir Co. , 919 F.Supp. 1470 (1996)
Holding absolute FCC ban on proposed gaming advertisements violated broadcasters’ rights to commercial free speech. Valley Broadcasting v. U.S. , 820 F.Supp. 519 (1993)
Construing claims by various county and city defendants in eminent domain proceeding relating to easement for construction of the Kern River Natural Gas Pipeline
Intellectual Property
Copyright
Adjudicated various cases on diverse copyright areas
Disputes arising from website design
Patent
Court trial declaratory judgment finding that patents related to machine vision and automatic identification bar code technology were invalid, unenforceable, and not infringed. Symbol Technologies v. Lemelson , 301 F. Supp. 2d 1147 (2004)
Lawsuit by owner of card game patents alleging infringement by competitor
Patent infringement suit by owner by assignment of six patents for “Electronic Surface Mount Packages”. Halo Electronics v. Bel Fuse (2013)
Infringement suit by owner of patent for electronic gaming network and patent for lottery-type wagering game against competitor. Fortunet v. Melange Computer Services , 412 F.Supp.2d 1071 (2005)
Class action by investor partners against patent owner alleging breach of fiduciary duty and of partnership agreement as result of alleged failure to enforce royalty agreement
Claim construction and summary judgment on patent infringement action involving patents for systems and methods of data analysis and data visualization
Claim regarding patents covering various navigation processes and devices related to construction
Multiple actions regarding allegations of patent infringement, trademark infringement, and unfair competition
Trade Secrets
Claims of developer of Kentucky Fried Chicken skinless fried chicken product against restaurant franchisor for misappropriation of trade secrets
Trademark
Action brought by owner of registered trademark consisting of name of musician Bob Marley for infringement, unfair competition, and unauthorized use of right to publicity under Nevada law
Disputes involving website names and access
Actions over competitors’ uses of similar trade names
Various trade dress cases between competitors concerning product design and packaging
Trademark infringement action between owners of competing adult entertainment websites
Securities
Dispute related to alleged hostile takeover and defensive measures, and to compel annual meeting. Hilton Hotels v. ITT Corp. , 978 F.Supp. 1342 (1997)
Class action alleging securities fraud, insider trading, and pendent state claims for common-law fraud and negligent misrepresentation
Actions alleging securities fraud through issuing false or misleading statements about reserves, revenues, and income. In re Stratosphere Corp. Securities Litigation, 66 F.Supp.2d 1182 (1999)
Action alleging golf club owners conspired to fraudulently induce investors to purchase country club at inflated price
Securities fraud class action alleging price-fixing
MDL action for securities fraud brought by investors who purchased stock
Torts/Personal Injury
Claims for negligent infliction of emotional distress, and conscious disregard for safety of invitees and guests at 1991 Tailhook Convention. Paula Coughlin v. Tailhook Assoc. & Hilton Hotels , 879 F.Supp. 1047 (1995)
Court trial adjudicating claims of former workers at Nevada nuclear test site alleging negligence in protecting workers engaged in atmospheric and underground nuclear testing
Action alleging conspiracy to defame Gennifer Flowers in books and television interviews. Flowers v. Carville, et al. , 292 F.Supp 2d 1225 (2003)
