Daniel R. Malinski

Daniel R. Malinski

Shareholder
Joined Burch & Cracchiolo in 1985
dmalinski@bcattorneys.com
(P)602-234-9923 (F)602-343-7923

Mr. Malinski, who is an AV® Preeminent 5.0 out of 5 peer review rated attorney in Martindale-Hubbell, practices in the firm’s General Litigation, Commercial Litigation, Insurance and Institutional Defense/Personal Injury Litigation and Employment Litigation practice areas of the firm.  His experience includes a broad spectrum of cases involving insurance and institutional defense, personal injury and wrongful death, premises liability, product liability, professional liability, asbestos personal injury and property damage litigation, government/public entity liability defense, business contract and tort litigation, employment litigation, general civil litigation and appeals.

In addition to his trial practice, Mr. Malinski has briefed and argued numerous cases before various trial and appellate courts, including the Arizona Court of Appeals, the Arizona Supreme Court and the U. S. Ninth Circuit Court of Appeals.
 
Prior to joining Burch & Cracchiolo, he spent 5 years working as a major felony prosecutor for the Maricopa County Attorney’s Office and served as a Special Assistant Attorney General with the Arizona Attorney General’s Office. 

Honors & Awards

Who's Who in Practicing Attorneys

Arizona Top Rated Lawyer

Ranked AV® Preeminent™ 5.0 out of 5* in Martindale Hubbell

*AV® Preeminent ™ and BV® Distinguished™ are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.
 

Representative Engagements

• Successfully defended manufacturer of absestos containing building materials in complex litigation including federal court appeal
• Successfully defended government entity in asbestos personal injury and property damage litigation
• Successfully represented corporation whose corporate headquarters found to contain substantial amounts of asbestos
• Defended manufacturer in multi-million dollar product liability claim arising out of fire loss
• Defended numerous multi-million dollar claims against individuals, corporations, institutions, public entities and employees
• Defended claim against pipeline manufacturer for multi-million dollar sewer pipe leaks
• Defended professionals (including attorneys, architects, real estate brokers)
• Defended various public entities, officials and employees in a variety of lawsuits, including civil rights claims
• Represented colleges and universities in a variety of claims
• Defended premises liability cases
• Litigated cases involving vehicular accidents
• Litigated dram shop cases
• Represented municipality in recovering for property damage resulting from negligent engineering and construction work
• Defended employers in employment discrimination and wrongful termination cases
• Represented chemical burn victim
• Represented national insurance carrier at trial defending claims of breach of contract, bad faith and punitive damages
• Defended premises security cases involving catastrophic injury
• Represented interstate trucking companies in death and serious accident cases
• Represented pharmaceutical companies and other manufacturers in product liability cases
• Defended international charitable organization in breach of contract case
• Handles all sizes of disputes involving a variety of issues, including personal injury, property damage and contracts
• Former Fee Arbitrator for State Bar of Arizona

Professional Affiliations

American Bar Association
Arizona Association of Defense Counsel
American Association for Justice
Defense Research Institute
State Bar of Arizona
• Section on Litigation
• Section on Tort and Insurance Defense
Maricopa County Bar Association
 


Assistant

Melanie Wright
mwright@bcattorneys.com
602-234-8742
Daniel R. Malinski

Education

J.D., University of Arizona, 1979
•Honors, Moot Court and Oral Advocacy
B.A., magna cum laude with University honors, University of Arizona, 1976
• Dean's List
• Phi Beta Kappa
• Phi Eta Sigma
• Phi Kappa Phi
• University Scholastics Award

 

Admitted In

Arizona
United States Court of Appeals for the Ninth Circuit
United States District Court for the District of Arizona
Admissions pro hac vice in various jurisdictions