Kelly McCoy PLC - Personal Law Counsel

Matthew J. Kelly
  • Kelly McCoy, PLC
  • 340 E. Palm Lane
  • Suite 300
  • Phoenix, AZ 85004
  • 602.687.7433 phone
  • 602.687.7466 fax

Matthew J. Kelly

mkelly@kelly-mccoy.com

Matthew began his legal career as a judicial law clerk for the Honorable William F. Garbarino of the Arizona Court of Appeals, Division One, for the 2000-2001 judicial term, during which he assisted in researching and preparing opinions and memorandum decisions primarily in civil appeals. At the conclusion of his clerkship, Matthew joined a well-respected Phoenix law firm, where he continued concentrating his practice on civil and commercial litigation. Given his experience as a judicial law clerk, Matthew also began developing a significant appellate practice. Matthew has had the good fortune of obtaining significant trial and appellate court experience, which began in earnest with his former law firm and has continued through the transition of his practice to Kelly McCoy, PLC.

Education

The Catholic University of America, Columbus School of Law, Washington, D.C.
Juris Doctor, May 2000

  • Staff Member: CATHOLIC UNIVERSITY LAW REVIEW, 1999-2000
  • Best Student Written Article: CATHOLIC UNIVERSITY LAW REVIEW, 1999-2000
  • Student-Attorney: Columbus Community Legal Services General Practice Clinic
  • Member: Moot Court Association
    o   First Place, Best Brief, Best Oral Advocate: 1998 Columbus School of Law Constitutional Law Competition
    o   Best Defense Attorney: 1999 Columbus School of Law Intra-School Fall Trials Competition
    o   National Appellate Team Member, Columbus School of Law: 1999 Sutherland Cup National Constitutional Law Moot Court Competition-Washington, D.C.
    o   National Trial Team Member, Columbus School of Law: 2000 National Trials Competition-Roanoke, VA

Northern Arizona University, College of Social and Behavioral Sciences, Flagstaff, Arizona
Bachelor of Science, May 1996
Major: Criminal Justice Studies
Minor: Speech Communication

Bar Admissions

  • Supreme Court of Arizona (October 2000)
  • Supreme Court of the United States (November 2007)
  • United States Court of Appeals for the Ninth Circuit (November 2000)
  • United States District Court for the District of Arizona (December 2000)

Professional Memberships and Associations

  • State Bar of Arizona, Trial and Appellate Sections
  • State Bar of Arizona, Civil Practice and Procedure Committee, member
    o   Chair, Subcommittee on Rules 45 and 84, Arizona Rules of Civil Procedure
    o   Chair, Subcommittee on Rules 42(f) and 77(g), Arizona Rules of Civil Procedure
    o   Member, Subcommittee on Rule 408, Arizona Rules of Evidence
    o   Member, Subcommittee on Rule 16(g), Arizona Rules of Civil Procedure
  • Community Legal Services, Volunteer Lawyers Program (Maricopa County, Arizona)

Presentations/Publications/Distinctions

  • Presenter, Willful and Malicious Injury-Insulating your State Court Claims from Discharge under 11 U.S.C. § 523(a)(6)* (*Based on a true story), Arizona Bankruptcy Inn of Court, May 2014
  • Presenter, Pending Rule Change Petition to Amend Rules 45 and 84, Arizona Rules of Civil Procedure, State Bar of Arizona Annual Convention, June 2010
  • Presenter, Recent Amendments to Rules 408 and 503, Arizona Rules of Evidence, and Proposed Amendments to Rules 36 and 45, Arizona Rules of Civil Procedure, Arizona Attorney General's Office, April 2010
  • Presenter, Proposed Changes to Rule 45, Arizona Rules of Civil Procedure, State Bar of Arizona Annual Convention, June 2009
  • Presenter, Arizona Civil Rules Update 2008: Significant Cases Interpreting the Arizona Rules of Civil Procedure, State Bar of Arizona Annual Convention, June 2008
  • "The Airline Deregulation Act of 1974: How do State Tort Claims Fare?" CATHOLIC UNIVERSITY LAW REVIEW 873, Vol. 49, Spring 2000
  • Recipient, 2010 Arizona Foundation for Legal Services & Education recipient of one of the Top 50 Pro Bono Attorneys in Arizona Awards

Representative Clients

Matthew's representative commercial litigation and appellate litigation clients have included national commercial and residential developers, law firms, securities clearinghouses, real estate investment entities, national insurance companies, homeowners' associations, title companies, real estate investment companies, a variety of medium and small business owners, and individuals. Areas of representation have included, among other things, employee benefits, construction contracts and subcontracts, mechanics' and materialmen's liens, lis pendens and other real property lien issues, complex real estate litigation, mandatory federal arbitration, and various business/personal torts.

Representative Matters

  • Obtained $12 million jury verdict in favor of the plaintiffs in a defamation and false light invasion of privacy case
  • Obtained $225,000 jury verdict in favor of the defendant/buyer, awarding the defendant/buyer the return of his earnest money, in a breach of contract case arising out of a failed commercial real estate transaction
  • Obtained summary judgment on ERISA preemption of state law claims in favor of the defendant life insurance company in Castiglione v. The United States Life Insurance Company in the City of New York, 262 F. Supp. 2d 1025 (D. Ariz. 2003)
  • Successfully defended a national homebuilder on appeal in the Arizona Court of Appeals and the Arizona Supreme Court relating to a judgment entered in favor of the homebuilder for damages and attorneys' fees as a result of the wrongful recordation of a notice of lis pendens
  • Obtained trial court judgment in favor of a small waste management company against general contractor for breach of contract and successfully defended contractor's appeal to the Arizona Court of Appeals and attempted petition for review to the Arizona Supreme Court
  • Prepared opening and reply briefs, in consultation with local Texas counsel, in appeal to the Texas Thirteenth Court of Appeals; successfully overturned trial court's conclusion that Texas courts could exercise personal jurisdiction over Arizona residents
  • Represented entertainment business owner in a dispute relating to the purchase of a business on business owner's appeal to the Arizona Court of Appeals from the trial court's erroneous grant of a new trial; obtained judgment as a matter of law from the Arizona Court of Appeals and successfully defended against the adverse party's petition for review to the Arizona Supreme Court
  • Represented numerous clients, and consulted on other matters, in cases pending before the Arizona Court of Appeals and on petitions for review to the Arizona Supreme Court
  • Represented numerous clients before state and federal trial courts on various commercial litigation matters

© 2017 Kelly McCoy, PLC.
340 E. Palm Lane
The Brookstone   |   Suite 300
Phoenix, Arizona   |   85004
p. 602.687.7433   |   f. 602.687.7466
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