Vail C. Cloar

Vail Cloar focuses his practice on a wide array of complex litigation matters including constitutional litigation, eminent domain matters, professional malpractice litigation, insurance litigation, and appellate advocacy before both state and federal courts. Mr. Cloar has represented both private and governmental clients in eminent domain matters across the state and has defended Arizona public bodies and their employees against all manner of constitutional claims. He has litigated appeals before the Arizona Court of Appeals, the Arizona Supreme Court, numerous U.S. Circuit Courts of Appeals, and the United States Supreme Court. Mr. Cloar is also an adjunct faculty member at the Sandra Day O’Connor College of Law at Arizona State University where he teaches two classes: Private Property Rights, focusing on eminent domain and Fifth Amendment takings claims, and Business and Real Estate Valuation, focusing on complex valuation issues and litigation.

Prior to joining the Firm, Mr. Cloar served as a Judicial Law Clerk to the Honorable Robert M. Brutinel of the Arizona Supreme Court.

• Litigated VIP Products, LLC v. Jack Daniel’s Properties, Inc. before the United States District Court for the District of Arizona, Ninth Circuit, and United States Supreme Court, resulting in landmark legal rulings regarding trademark infringement and dilution by tarnishment.
• Worked as part of a team obtaining reversal of seven-figure defamation jury verdict before the Arizona Court of Appeals arising from publication of internal disciplinary report via a public records request.
• Litigated before the Arizona Supreme Court in case determining scope of attorney-client privilege for communications including invited third parties and retroactive-only application of pronounced rule.
• Worked as part of the appellate team that persuaded the Colorado Supreme Court in Essentia Insurance Co. v. Hughes to reverse the court of appeals and hold that a specialty classic automobile policy may limit underinsured-motorist coverage to persons injured while occupying the insured classic car.
• On a certified question from the Ninth Circuit, helped convince the Arizona Supreme Court in Apollo Education Group v. National Union to adopt the insurer’s perspective of reasonableness in construing the consent-to-settlement clause of a D&O policy.
• Successfully obtained dismissal of inverse condemnation and Prop 207 claims against an Arizona municipality at the pleading stage.
• Litigated tribal sovereign immunity case in appellate special action establishing Arizona Supreme Court case law on sovereign immunity for tribal economic arms.
• Successfully defended Arizona municipality against claims arising under the Establishment Clause of the First Amendment regarding legislative prayer.
• Defended national homebuilder from claims for tens of millions of dollars arising from claimed breach of development agreement and complicated government bond conduit financing arrangement.
• Successfully argued for application of notice of claim statute to bar eight figure environmental claim against government agency before the Arizona Court of Appeals.
• Obtained summary judgment for law firm sued for wrongful institution of civil proceedings, abuse of process, aiding and abetting, and conspiracy claims and defended judgment through all levels of appeal.
• Assisted with the successful defense of a special taxing district in appellate litigation from a taxpayer challenge to a multi-billion dollar municipal contract, including motion practice and briefing before the Arizona Supreme Court.
• Assisted in successful appellate litigation affirming a trial court judgment dismissing a multi-million-dollar damage claim against an Arizona municipality for breach of a development agreement.

Significant Cases

• VIP Products, Inc. v. JDPI, 599 U.S. 140 (2023), on remand __ F.4th __, 2026 WL 2237625 (9th Cir. Aug. 4, 2026).
• Gelvin v. Parker, 592 P.3d 776 (Ariz. 2026).
• Neptune Swimming Foundation v. City of Scottsdale, 256 Ariz. 497 (2024).
• Essentia Ins. Co. v. Hughes, 545 P.3d 494 (Colo. 2024).
• Apollo Educ. Group, Inc. v. Nat’l Union Fire Ins. Co., 250 Ariz. 408 (2021).
• Satanic Temple, Inc. v. City of Scottsdale, 423 F. Supp. 3d 766, 770 (D. Ariz. 2019), aff’d 856 Fed. App’x 724 (9th Cir. 2021).
• Hwal’Bay Ba:J Enters. v. Jantzen, 248 Ariz. 98 (2020).
• Saban Rent-a-Car LLC v. Arizona Dep’t of Revenue, 246 Ariz. 89 (2019).
• Save Our Pres. Political Action Comm. of Scottsdale v. City of Scottsdale, 753 Fed. App’x 476 (9th Cir. Feb. 20, 2019).

• Speaker, “Table of Experts: Cybersecurity and digital privacy,” Phoenix Business Journal, October 2022
• How to Lose Your Notice of Claim Defense, Serving the Public Lawyer Seminar, February 2017
• Safely Subsidized: Derivative and Repo Financing Under the U.S. Bankruptcy Code, 45 Ariz. St. L.J. 1663 (2013).
• Co-author, Surviving Cross Exam: Tips for Expert Witnesses, Journal of Accountancy (Oct. 2014)