Mr. Simbro practices in the areas of commercial litigation and commercial transactions. Although Mr. Simbro has a general practice, he focuses on creditors' rights and remedies, aircraft finance and leasing, real estate matters, business torts and products liability disputes. Mr. Simbro has lived and practiced law in Arizona since 1982.
Mr. Simbro has practiced in the areas of commercial and civil litigation (in both large and small Phoenix-area law firms) since graduating from law school in 1982.
He has represented lenders in sophisticated loan disputes, lessors in connection with the repossession of commercial aircraft and other equipment, major automobile manufacturers in product liability disputes, governmental agencies in tort disputes, employers in discrimination and other work-related disputes, and both plaintiffs and defendants in a variety of other commercial and civil disputes.
Mr. Simbro has extensive courtroom experience in all phases of litigation, and also has significant experience in dispute resolution through negotiation, arbitration and mediation. He has obtained favorable rulings on behalf of clients at various stages of litigation, including (a) dismissals of baseless litigation, (b) entry of receivership orders over distressed loan collaterals, (c) awarding of provisional remedies in pretrial proceedings, (d) awarding of summary judgment in a variety of contexts, (e) entry of favorable jury verdicts, and (f) victories on appeal to state and federal appellate courts.
Mr. Simbro has recently focused a portion of his litigation practice on the commercial aircraft industry, specifically disputes arising out of aircraft financing and leasing. Mr. Simbro has successfully repossessed commercial jet aircraft in a number of jurisdictions, and has represented lenders and lessors in a wide variety of other litigation contexts.
As a result of his litigation experience, Mr. Simbro has been asked to speak on various issues, including: (1) the enforcement of guaranties under Arizona law and (2) the enforcement of loan and lease remedies against borrowers and lessees in the commercial aircraft industry.
Mr. Simbro also has documented numerous loan and lease transactions and work-outs. He has discovered that his litigation experience has been of invaluable assistance in documenting transactions and anticipating potential problems before they arise.
Significant Appellate Cases
♦ Watts v. Pinckney, 752 F.2d 406 (9th Cir. 1985) (successful argument before the Ninth Circuit Court of Appeals in regard to District Court's lack of subject matter jurisdiction)
♦ Coventry Homes, Inc. v. Scottscom Partnership, 155 Ariz. 215, 745 P.2d 962 (Ariz. App. 1987) (review denied) (successful argument before the Arizona Court of Appeals in regard to the proper liability standard for the recording of a lis pendens on real property in Arizona)
♦ Beals v. State of Arizona, 150 Ariz. 27, 721 P.2d 1154 (Ariz. App. 1986) (successful argument to the Arizona Court of Appeals in affirming summary judgment awarded in favor of Game and Fish Department and against over 200 plaintiffs on flood damage claims)
Significant Aircraft Litigation and Transactions
♦ Seizure by replevin in Florida of a DC-10-15 aircraft and two Boeing 727 aircraft on behalf of aircraft lessors
♦ $60 million financing of six Boeing 737 aircraft on lease to operators in the United Kingdom and, thereafter, in Argentina
♦ $60 million financing of acquisition and leasing of four Embraer ERJ-145LR aircraft
♦ Purchase and lease of three McDonnell Douglas DC-10-30 aircraft on lease to major U.S. airline
♦ J.D., University of Iowa College of Law, 1982 (with distinction)
♦ B.A., Political Science/Journalism, University of Iowa, 1979
♦ State Bar of Arizona, 1982
♦ United States District Court for the District of Arizona, 1982
♦ Ninth Circuit Court of Appeals, 1983