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Edward O. Comitz, Esq.
heads the Health and Disability Insurance Practice Section
at Bonnett
Fairbourn Friedman & Balint, P.C., a firm that has
earned a national reputation for prosecuting claims on behalf
of individuals based on fraud and unfair business practices
in the insurance and healthcare industries. Mr. Comitz has
extensive experience in disability insurance coverage and
bad faith litigation, representing physicians and other professionals
in reversing denials of their disability claims. Mr. Comitz
has also represented institutional and individual clients
in complex litigation matters involving antitrust, business
torts, class actions, corporate and partnership matters, fraud,
securities, breach of non-compete and anti-solicitation agreements,
unfair competition and receiverships. He has received an AV-rating
by the Martindale-Hubbell Law Directory predicated on his
legal expertise and professionalism. In addition, Mr. Comitz has been named a southwest Super Lawyer by Law and Politics. The rigorous selection process included 18,000 attorney ballots, followed by creation of a candidate pool, extensive peer evaluation and final selection. Only the top 5% of the total lawyers in Arizona and New Mexico were selected.
Mr. Comitz and other members
of the Firm have served as lead or co-lead counsel on
several high-profile consumer protection cases, including
Grant v. Arthur Andersen, L.L.P. et al., the
securities fraud and consumer class action arising out of
the collapse of the Baptist Foundation of Arizona. In those
proceedings, class counsel and others reached settlements
totaling $238 million, including a $217 million settlement
with Arthur Andersen relating to its role as auditor for BFA.
The $217 million settlement with Arthur Andersen is the largest
settlement amount ever paid by a Big Five accounting firm
not associated with the savings and loan crisis, and twice
the settlement amount Arthur Andersen has ever agreed to in
settlement of an auditing claim. In addition, Mr. Comitz has
worked on trial teams in multi-billion dollar antitrust litigation
involving key participants in the satellite communications
industry. Prior to joining the Firm, Mr. Comitz was associated
with the international law firm, Squire Sanders & Dempsey,
L.L.P.
Mr. Comitz is a member of
the State Bar of Arizona and the Maricopa County Bar Association.
In addition to his pro hac vice appearances, Mr. Comitz
is admitted to practice in the State of Arizona; and the U.S.
District Court, Districts of Arizona and Colorado. His publications
include Disability Insurance and
the Medical Professional, published by the Pima County
Medical Society, Broadening Actions Under State Consumer
Fraud Statutes, published by ALI-ABA, and Extinguishing
the Burning Crosses: Washington's Malicious Harassment Statute
in Light of the Issues of Overbreadth and Vagueness, published
by the Seattle University Law Review. Mr. Comitz is an adjunct professor at Arizona State College of Law. He received his B.A. in journalism, magna cum laude, from Creighton University and his J.D., cum laude, from Seattle University, where he was a Merit Scholar and Associate Editor of the Law Review.
In addition to its Health
and Disability Insurance Practice, Bonnett Fairbourn Friedman
& Balint, P.C. has developed a well-recognized practice
in the area of class actions and is widely regarded as the
preeminent Firm in Arizona representing plaintiffs in class
action proceedings. The Firm has taken a leading role in numerous
important actions on behalf of consumers and investors, and
we have been responsible for many outstanding results that
have yielded multi-million dollar recoveries for class members
throughout the United States.
Andrew S. Friedman, Esq.
heads the Firm's Class Action, Securities Fraud and Consumer
Fraud Practice Sections. His practice has been devoted primarily
to litigation of major class action cases in federal and state
courts in Arizona and in courts throughout the United States.
He has represented plaintiff classes in major consumer, securities
fraud, antitrust, civil rights and insurance sales practices
cases and other complex commercial litigation
Mr. Friedman and other members of the
Firm served as Arizona counsel for the plaintiff class of
investors in In re American Continental Corp./Lincoln Savings
and Loan Sec. Litig., MDL 834 (D. Ariz). Mr. Friedman
was one of the team of lawyers who represented the class of
investors who purchased debentures and/or stock in American
Continental Corp., the parent company of the now-infamous
Lincoln Savings & Loan. The suit charged Charles Keating,
Jr., other corporate insiders, three major accounting Firms,
law Firms and others with racketeering and violations of the
securities laws. Plaintiffs' counsel actively participated
in bankruptcy proceedings, multi-district litigation and,
ultimately, a jury trial in Tucson, Arizona. Plaintiffs successfully
recovered $240 million of the $288 million in losses sustained
by the investors. After trial, the jury rendered verdicts
exceeding $1 billion against Keating and other defendants.
Mr. Friedman also served,
along with other members of the Firm, on the court-appointed
Executive Committee in the Prudential Limited Partnerships
Multi-District Litigation, representing investors in limited
partnerships sponsored by Prudential Securities. This action,
which alleged racketeering and securities fraud claims on
behalf of a nationwide class, resulted in a settlement providing
more than $125 million in benefits to defrauded investors.
Mr. Friedman and the Firm
were key members of a team of lawyers that brought landmark
cases against major life insurance companies challenging the
deceptive manner in which life insurance products were marketed
to consumers during the 1980's. The first of these cases,
against New York Life Insurance Co., arose from events uncovered
in Arizona and resulted in a ground-breaking settlement providing
benefits to class members exceeding $250 million. This settlement
has been praised by regulators and commentators as an innovative
solution to sales practice abuses. Subsequently, Mr. Friedman
and co-counsel for plaintiffs prosecuted class actions and
secured settlements against a host of other major insurance
companies, including settlements with Prudential Life Insurance
Company (exceeding $2 billion), Metropolitan Life Insurance
Company (exceeding $1 billion), Manulife (exceeding $500 million)
and more than 20 other companies. Mr. Friedman was instrumental
in the prosecution of these actions, was a member of the settlement
negotiating team and briefed and argued class certification
issues at the trial level and in the appellate courts.
Mr. Friedman and the Firm,
along with several other law Firms, have represented African-American
policy holders in class action proceedings against life insurance
companies seeking relief under the Federal Civil Rights Act
for racial discrimination in the sale and administration of
life insurance policies. For many decades, life insurance
companies routinely charged higher premiums to non-Caucasians
for inferior life insurance policies. The first such action,
against American General Life & Accident Company, resulted
in a $250 million settlement providing benefits that included
cash refunds, increased death benefits and reduced future
premiums. Mr. Friedman and the Firm also represent plaintiffs
in similar race discrimination class actions against other
life insurance companies, including Metropolitan Life, Liberty
National, American National, Monumental Life, Western &
Southern Life and Jefferson-Pilot Life Insurance Company.
Mr. Friedman also has served
as lead, co-lead or liaison counsel in many major securities
fraud class actions in Arizona and elsewhere, including Persky
v. Pinnacle West Corp., et al. (securities fraud class
action -- $35 Million settlement); Culligan International
Company v. United Catalysts, Inc. (Antitrust Action);
Sitgraves, et al. v. Allied Signal, Inc.; Stein
v. Residential Resources, et al. (Securities Fraud Class
Action); Gould v. Pinnacle West Corp., et al.; Shields
v. Del Webb Corp., et al. (Securities Fraud Class and
Derivative Suit); Hoexter v. Valley National Bank, et al.
(Securities Fraud Class Action); Friedman, et al. v. Emerald
Mortgage Investment Corporation, et al. (Securities Fraud
Class Action); Marks, et al. v. Circle K (Securities
Fraud Class Action); Krause v. Sierra Tucson, et al.
(Securities Fraud Class Action); Braunstein, et al. v.
Tucson Electric, et al. (Derivative Suit); Krause v.
Sierra Pacific, et al. (Securities Fraud Class Action);
Blinn v. Bech, et al. (Securities Fraud Class Action);
Voss v. Cobra Industries, et al. (Securities Fraud Class
Action); Hollywood Park Securities Litigation (Securities
Fraud Class Action); In re America West Sec. Fraud Litig.
(Securities Fraud Class Action); Orthologic Securities
Fraud Litig. (Securities Fraud Litigation); and In
re Vitamins Antitrust Litigation (Antitrust Class Action).
Mr. Friedman has lectured
at numerous continuing legal education programs, including
panel discussions and presentations on the Private Securities
Litigation Reform Act (1996 Federal Bar Convention), prosecution
of nationwide class actions in state courts (1996 ABA Annual
Convention), litigation of life insurance market conduct cases
(1997, 1999, 2000 and 2002 PLI conferences) and other litigation
programs sponsored by the Practicing Law Institute and ALI-ABA.
Mr. Friedman also has testified before the United States Congress
on proposed class action reform litigation and the Arizona
Legislature in connection with legislation on the Arizona
Anti-Racketeering Act and the Arizona Securities Fraud Act.
Mr. Friedman received his
Bachelor of Arts Degree from the University of Rochester in
1975 (high distinction) and his Law Degree from Duke University
School of Law in 1978 (Order of the Coif, high distinction).
He is a member of the trial sections of the American Bar Association
and the Arizona State Bar Association.
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