Justin V. Niedzialek

Member


jniedzialek@cavanaghlaw.com
Phone: 602-322-4081

Practice Areas

Commercial Litigation, Employment, Labor, OSHA & Immigration, Litigation

Representative Experience

Justin V. Niedzialek is an associate in the firm's Employment, Labor, OSHA and Immigration department.  In addition to his practice in labor and employment law, Mr. Niedzialek has extensive experience in commercial litigation, creditors' rights, judgment enforcement, and bankruptcy law.  He has also participated in appellate proceedings before the Arizona Court of Appeals and the Bankruptcy Appellate Panel for the Ninth Circuit.

M. Niedzialek has represented a wide array of clients including individuals, small businesses, large businesses, financial institutions, contractors, and bankruptcy trustees.  He is well versed in all areas of litigation including preparing complaints and answers, motions to dismiss, and motions for summary judgment, as well as propounding and responding to written discovery and conducting and defending depositions.  Furthers, Mr. Niedzialek successfully enforces judgments for his clients through post-judgment enforcement mechanisms such as wage garnishments, non-wage garnishments, judgment debtor exams, and writs of execution.

Mr. Niedzialek's experience also includes preparing seminar materials and presenting numerous seminars for both attorneys and clients covering the areas of legal ethics, judgment enforcement, federal loan servicing regulations, debt collection practices, and provisional remedies.

News

Associations & Activities

  • State Bar of Arizona
  • NPH USA, Member, Regional Board of Directors, Southwest Region, 2011
  • St. Thomas More Society, Member, Executive Board, 2013 - current
  • Phoenix Torero Club, Committee Member, 2013 - present
  • Arizona Trustee Association, Member, 2014 - present
  • Esperanca, Inc., Member of Board of Directors, 2016

Awards & Recognition

  • Super Lawyers Rising Star, 2014
  • Arizona College of Trial Advocacy, 2013

Bar Admissions

  • Arizona, 2007

Court Admissions

  • Supreme Court of Arizona, 2007
  • U.S. District Court, District of Arizona, 2007

Education

  • University of Arizona, (J.D. 2007)
  • University of San Diego (B.A. cum laude, 2004)

Representative Matters

  • Obtaining numerous judgments for financial institutions arising out of loan defaults
  • Successfully defending an appeal to the Bankruptcy Appellate Panel for the Ninth Circuit in which the appellant sought to overturn the sale of bankruptcy estate assets to a third-party purchaser
  • Defending a materials recycler against business tort claims alleged by a competitor
  • Advising financial institutions regarding Consumer Finance Protection Bureau Regulations and the Fair Debt Collection Practices Act
  • Obtaining relief from the bankruptcy automatic stay on numerous occasions in order for a financial institution to proceed with foreclosure activities