Biography
Judge Philip Pro’s qualifications as an Arbitrator are grounded in his extensive experience on the federal bench. He joined JAMS in February 2015, following a distinguished 35-year career as United States District Judge (1987-2015), and United States Magistrate Judge (1980-87), for the District of Nevada at Las Vegas. During his judicial career, Judge Pro gained a reputation for fairness and preparation, and was widely recognized as a judge skilled in the management and resolution of complex, multi-party litigation, including several MDL cases. As an Arbitrator, Judge Pro endeavors to manage the discovery process in a cost-effective manner, and to provide a prompt and efficient hearing on the merits, followed by a timely and well-reasoned award.
Recent Arbitration Appointments
Since joining JAMS in early 2015, Judge Pro has been selected as an arbitrator in cases involving employment wage and hour claims, false claims, and breach of commercial contracts related to licensing of intellectual property and another arising under an Operating Agreement involving partners in a medical marijuana business.
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
- o 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
o Disputes involving website names and access
o Actions over competitors’ uses of similar trade names
o Various trade dress cases between competitors concerning product design and packaging
o Trademark infringement action between owners of competing adult entertainment websites
- o 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
- Copyright
- 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)
Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.
- Appointed, Nevada Gaming Commission, 2015-2019
- Recognized in Nevada Law Journal 511 (2012) Saluting Judge Pro’s Quarter Century of Nevada District Service
- Board Member, Saltman Center for Conflict Resolution at the Boyd School of Law, 2006-present
- Participated in “Rule of Law” programs with foreign judiciaries in over 20 countries including Hungary, Georgia, Bosnia, Netherlands, Spain, South Africa, Malawi, Jordan, Pakistan, Norway, Indonesia, Armenia, Azerbaijan, Ukraine, Latvia, and Columbia, since 1999
- Chair, State Bar of Nevada Law Related Education Consortium, 2010-2014
- Board, Federal Judicial Center, 2007-2011
- Chair, Ninth Circuit Wellness Committee, 2005-2010
- Co-moderator, U.S. Department of Justice Colloquium for Iraqi Jurists in Washington, D.C., 2003
- Member of the Ninth Circuit Jury Instructions Committee, 1987-2002
- Vice President, Federal Judges Association, 1997-2001, and Board Member, 1992-2001
- Co-chair, Founding Advisory Board, William S. Boyd School of Law, University of Nevada at Las Vegas, 1997-1999
- Member, Boyd Law School Advisory Board
- Chair, United States Judicial Conference Committee on the Administration of the Magistrate Judges System, 1993-1998
- Founding Member, Howard McKibben Nevada American Inn of Court
- President, 1988-1990
- Publications:
- Co-author, “Measured Progress, the Evolution and Administration of the Federal Magistrate Judges System”, The American University Law Review, 1995
- Author, “Misunderstanding Judging,” Nevada Law Journal, 2007
- Judge, United States District Court, District of Nevada, 1987-2014
- Senior United States District Judge, 2012-2014
- Chief Judge, District of Nevada, 2002-2007
- Magistrate Judge, United States District Court, District of Nevada, 1980-1987
- Assistant United States Attorney, Reno, 1980
- Deputy Attorney General, Gaming Division, State of Nevada, 1979-1980
- Partner, Semenza, Murphy and Pro, 1977-1979
- Assistant United States Attorney, Las Vegas, Nevada, 1975-1977
- Deputy Public Defender, Clark County, Nevada, 1973-1975
- Law Clerk for the Honorable William P. Compton, Eighth Judicial District Court in Las Vegas, Nevada, 1972-1973
- LL.M., Duke University School of Law, 2014
- J.D., Golden Gate University School of Law, 1972
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- Entertainment and Sports
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- Life Sciences
- Personal Injury/Torts
- Product Liability
- Real Property
- Securities
- Special Master/Discovery Referee
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