“Whether a business needs support in litigation, mediation, or arbitration, clients can trust that they have a seasoned lawyer in their corner. For nearly four decades, I have represented both plaintiffs and defendants in a variety of cases throughout California and Nevada, and I have earned a reputation for competence and integrity as a civil trial attorney.”

BACKGROUND & EXPERIENCE

William P. Volk has had a distinguished career as a civil trial attorney spanning four decades. Representing both plaintiffs and defendants in a variety of interesting and diverse cases throughout California and Nevada, William has successfully handled litigation involving serious personal injuries/wrongful death, construction defects, product liability, business losses, defective drugs/supplements, class actions, multi-district litigation, mass torts, environmental claims, casino/hotel/nightclub security, assault and battery, breach of contract, professional malpractice, insurance coverage, defective medical devices, and employment and wrongful termination.

With over 56 jury trials, William has been lead counsel in major litigation and important appellate court decisions, including published decisions involving contractual indemnity (Time for Living, Inc. v. Guy Hatfield Homes (1991) 230 Cal.App.3d 30) and “Dram Shop” or liquor law liability (Cardinal v. Santee Pita, Inc. (1991) 234 Cal.App.3d 1676), as well as many unpublished appellate and Supreme Court decisions. Many of the cases also involved significant insurance coverage issues such as “coverage triggers,” horizontal and vertical exhaustion, excess and umbrella coverage, reformation, rescission, prior acts, consent to settle, “Montrose” endorsements, broad-form property damage, subsidence and soil movement exclusions, pollution exclusions, S.I.R.’s and deductibles.

As a result of his trial experience and reputation, William was elected by his peers in 2003 to become a member of the American Board of Trial Advocates (ABOTA), a nationally recognized professional trial lawyer organization in which he has held the rank of “Advocate”(2003 – 2021). Known as a dogged and aggressive cross-examiner, William has demonstrated trial techniques to other lawyers in ABOTA’s annual “Masters in Trial” program.

ADR has been an important part of William’s legal practice for years. Beginning in the late-1980′s, he became a panelist for the American Arbitration Association specializing in the resolution of complex construction defect, breach of contract, personal injury, wrongful death and product liability claims. He has received formal ADR training through the American Arbitration Association, the San Diego Superior Court, the San Diego Municipal Court, the Clark County, Nevada, District Court and the Straus Institute for Dispute Resolution at Pepperdine University. He served as a voluntary member of the Judge Pro Tempore panel of the San Diego Municipal Court, where he heard and decided hundreds of small-claims cases. He also volunteered his time as a settlement judge for the Superior Court and helped resolve many cases, which helped relieve the case burden of the Court.

William is frequently appointed by the Clark County District Court, as well as privately retained by the parties, to mediate or arbitrate complex construction defect, business, personal injury, insurance, product liability and other interesting and diverse matters. He is also frequently appointed by the court to serve as Special Master on complex cases.

PRACTICE GROUPS:

Alternative Dispute Resolution
Appellate Practice
Commercial Litigation
Construction Litigation
General Liability
Intellectual Property
Professional Liability

BAR AND COURT ADMISSIONS:

State Bar of Nevada
State Bar of California
U.S. Supreme Court
U.S. Court of Appeals, 9th Circuit
U.S. District Courts, C.D. California, E.D. California, S.D. California, D. Nevada
U.S. Court of Federal Claims

PUBLICATIONS & PUBLISHED OPINIONS
  • Time for Living, Inc. v. Guy Hatfield Homes (1991) 230 Cal.App.3d 30
  • “Dram Shop” or liquor law liability, Cardinal v. Santee Pita, Inc. (1991) 234 Cal.App.3d 1676
EDUCATION:

J.D., Southwestern University Law School
B.S., Political Science/Philosophy, Utah State University

REPRESENTATIVE CASES

HANCOCK v. CITY OF CHULA VISTA, ET.AL.
(Jury Trial – San Diego Superior Court)
Following a two-week trial, in which Mr. Volk was second chair counsel, the jury returned a verdict denying the injunction as well as monetary damages.

DEL CORONADO SANTEE HOA v. HOTEL DEL CORONADO CORPORATION
(Jury Trial – San Diego Superior Court)
Mr. Volk’s client recovered a judgment for fees and costs incurred for more than two years of litigation after the offer was made and the case was settled in a confidential agreement.

PRICE v. STREET
(Jury Trial – San Diego Superior Court)
Following a four-day jury trial, the jury returned a defense verdict in favor of Mr. Volk’s client.

GILLIAM v. RICHARDSON
(Jury Trial- San Diego Superior Court)
Following a 7-day trial, the jury returned a defense verdict for Mr. Volk’s client. The verdict was appealed, but the Fourth District Court of Appeals upheld the verdict and the California Supreme Court declined certiorari.

CAMBRIDGE HOA v. CAMBRIDGE LA JOLLA DEVELOPMENT, INC., ET.AL.
(Jury Trial – San Diego Superior Court)
A pre-trial settlement offer (CCP 998) of $2 million was made by Mr. Volk’s client. After a five-week trial, the jury returned a verdict for the exact amount offered by the defense. The case was settled after trial for a confidential amount in lieu of an appeal by plaintiff.

LEON v. WINTER, ET.AL.
(Bench Trial- U.S. District Court, San Diego)
After a four-day bench trial, Senior Federal District Court Judge John S. Rhodes sided with Mr. Volk’s client and ruled that the U.S. District Court did not have jurisdiction and that the case was governed by worker’s compensation. The matter was settled in a confidential settlement in lieu of appeal by plaintiff.

LEE v. OUR FEATHERED FRIENDS
(Jury Trial – San Diego Superior Court)
Plaintiff sought $2.5 million, plus an equal amount in pain and suffering, for a total of $5 million. Following a fifteen-day trial, the jury awarded plaintiff a net verdict of only $256,000, which was $100,000 less than Mr. Volk’s client’s pre-trial offer.

BOND v. ICA, INC., ET.AL.
(Jury Trial – San Diego Superior Court)
Following a seven-day trial, the jury returned a defense verdict for Mr. Volk’s client.

FRIARS POINTE HOA v. ODMARKIWELCH, INC.
(Jury Trial- San Diego Superior Court)
After a three-week trial, the jury returned a verdict for $1.75 million, most of which was passed-on to the grading subcontractor after the Court granted Mr. Volk’s motion for directed verdict on the express indemnity contract with the subcontractor, which refused to accept the general contractor’s tender of defense. The case was settled after trial for a confidential amount in lieu of an appeal by plaintiff and grading contractor.

HARPER v. HARD ROCK HOTELAND CASINO, ET.AL.
(Bench Trial – Clark County District Court)
Mr. Volk again represented the Hard Rock Hotel in this personal injury case with a classic “eggshell” Plaintiff. The trial judge was current Nevada Supreme Court Justice, Ron Parraguirre. Following a three-day bench trial, the judge rendered a defense verdict for the hotel. Plaintiff did not appeal.

William has called Las Vegas home since 2003 and is an avid motorcyclist who likes to ride his 2014 Indian Chieftain throughout Nevada, Utah, Arizona, and California. William is also an ardent amateur historian, focusing on American History, and an avid reader of non-fiction.

RECOGNITIONS:
  • America’s Top 100 Attorneys Lifetime Achievement
  • American Board of Trial Advocates, 2003-2021
  • Peer-review rated “AV®Preeminent™” by Martindale-Hubbell, 2020
  • Included in the Registry of Preeminent Lawyers, 2020
  • Member, Oxford’s “Who’s Who of Extraordinary Professionals,” 1992-1993
  • Member, Million Dollar Advocates Forum, 2015
  • Named Lawyer of Distinction, 2015
  • Named to “2013 Top Lawyers” by the weekly business publication Vegas, Inc.
  • Presented ADR Citation by the San Diego Superior Court, North County Branch, 1995
SPEAKING ENGAGEMENTS 

Mr. Volk has been an invited speaker in professional seminars sponsored by the National Institute for Trial Advocacy, the National Business Institute and has demonstrated trial techniques in the “Masters in Trial” mock trial programs sponsored by the American Board of Trial Advocates.

COMMUNITY INVOLVEMENT 

Fellow, American Board of Trial Advocates Foundation
Advisor, Los Angeles County Regional Center for the Developmentally Disabled
Volunteer Legal Advisor, Clark County Courts Pro Bono Program