Mike Stoberski has significant litigation and trial experience in the areas of professional liability, transportation, premises liability, product liability and construction. Mike has tried more than 30 jury trials to verdict and more than 35 bench trials to verdict.

Areas of Focus

Real Estate Professionals
Mike is regarded as an authority in defending real estate professionals. He has represented real estate brokers and licensees in litigation, as well as administrative, licensure and disciplinary matters. Mike also has defended appraisers, home inspectors and surveyors. He has handled real estate transactional matters, having served in the capacity as counsel to developers, landlords, tenants, buyers, sellers, borrowers and lenders.

Lawyers Liability
Mike represents attorneys and has defended numerous legal malpractice cases, litigating a wide variety of issues. Mike also has lectured on risk management practices for professionals.

Premises Liability
Mike has defended numerous property owners in various cases involving injuries and wrongful deaths occurring on their property.

Transportation
Mike has defended trucking companies, hospitality transportation companies, ride-sharing companies and construction companies. He created and implemented an accident response program for a construction materials and concrete ready-mix company, facilitating the response and investigation of many trucking accidents, including fatalities. Mike used his transportation experience to assist an autonomous vehicle company with setting up its nationwide emergency response protocol for vehicle incidents, and collaborated in drafting and establishing programs for reporting incidents internally and with governmental agencies. Mike has responded to and investigated numerous incidents involving autonomous vehicles, and he is considered to be one of a handful of attorneys nationwide with experience in handling the defense of autonomous vehicles.

Construction
Mike has significant experience in construction defect cases and has defended national class action construction defect matters. As counsel for developers, general contractors, subcontractors, material suppliers, homeowners and design professionals, Mike has a unique perspective in handling construction matters and has lectured many times on construction topics. Mike also has personal experience in development, having been intricately involved in the acquisition of land and development of an office park and construction of his former law firm's office building.

Product Liability
Product liability defense has been a large part of Mike's practice. Mike was a member of The Dow Chemical Silicone Gel Breast Implant Litigation Team, and was involved in the defense of multiple mass tort pharmaceutical product matters. He has defended asbestos matters, tobacco and second-hand smoke class action cases, as well as automobile and component part manufacturers. Mike has represented industrial equipment manufacturers and distributors. He has defended patent infringement cases for various products as well as trademark violation matters.

    Education

    • University of San Diego School of Law (J.D., 1991)
    • University of San Diego (B.A., 1988)

    Bar Admissions

    • Nevada

    Court Admissions

    • U.S. Court of Appeals, Ninth Circuit
    • U.S. District Court, District of Nevada
    • U.S. District Court, Southern District of California

    Professional Affiliations

    • Clark County Bar Association
    • DRI: The Voice of the Defense Bar
    • American Bar Association

    Awards & Honors

    • Martindale-Hubbell® Peer Review Rated™ AV

Michael E. Stoberski

Mike Stoberski has significant litigation and trial experience in the areas of professional liability, transportation, premises liability, product liability and construction. Mike has tried more than 30 jury trials to verdict and more than 35 bench trials to verdict.

Michael E. Stoberski

Stoberski & Adams Secure Judgment as a Matter of Law After Plaintiff’s Case-in-Chief

Michael Stoberski (Of Counsel-Las Vegas, NV) and Nicholas Adams (Associate-Las Vegas, NV), after the plaintiff rested in a bench trial in the District Court for Clark County, Nevada, were granted their NRCP 52(c) motion for judgment as a matter of law, and the court entered judgment for Wilson Elser’s attorney clients on the plaintiff’s sole legal malpractice claim. The court found that the plaintiff failed to prove essential elements of legal malpractice, including the standard of care, breach, and proximate cause. During the plaintiff’s case-in-chief, Mike and Nicholas introduced evidence showing that the challenged strategy rested on legal research, client communications, and the need to secure affirmative relief in light of the opposing party’s filings in the underlying action. The court agreed that these issues were nuanced and not suitable for resolution without expert testimony, and it found that the plaintiff offered no competent evidence that a different pleading approach would have produced a better outcome or that the defense’s conduct foreclosed any post-judgment remedies.

Michael E. Stoberski and Nicholas F. Adams

Stoberski & Adams Prove Client Had No Obligation to Collect Debt from Past Tenants

Michael Stoberski (Of Counsel-Las Vegas, NV) and Nicholas Adams (Associate-Las Vegas, NV) prevailed on a motion for summary judgment in District Court for Clark County, Nevada, against all claims brought against Wilson Elser’s clients over management of an apartment complex. Joseph Laird (Partner-White Plains, NY) collaborated in the defense of the case. The plaintiff alleged breach of contract and breach of the duty of good faith and fair dealing and sought declaratory relief concerning the rights and obligations under the property management agreement. Competing motions for summary judgment were filed arguing different interpretations of the property management agreement. Mike and Nicholas demonstrated, under the property management agreement, that our clients had no obligation to collect debt from past tenants and damages were precluded based on the breaches alleged. Before the scheduled oral argument, the district court issued its order agreeing entirely with the interpretation put forth by our clients. As a result, summary judgment was granted as to all claims and the hearing was vacated bringing this case to a successful resolution. 

Michael E. Stoberski and Nicholas F. Adams

Stoberski and Lovett Obtain Dismissal of Third-Party Complaint

Mike Stoberski (Of Counsel-Las Vegas, NV) and James Lovett (Associate-Las Vegas, NV) obtained dismissal of a third-party complaint on behalf of an insurance brokerage and agent. The plaintiff sued for alleged injuries at a hair salon. The salon filed a third-party complaint, attempting to shift its alleged liability to its insurance brokerage for not procuring a liability policy that would cover professional services. In dismissing the complaint, the court found the third-party defendants had nothing to do with the alleged injuries of the plaintiff and the salon cannot share the liability for those injuries with the insurance brokerage and agent. 

Michael E. Stoberski

Thome and Stoberski Secure Unanimous Defense Verdict in Legal Malpractice Case

Sheri Thome (Partner-Las Vegas) and Michael Stoberski (Of Counsel-Las Vegas) secured a defense verdict in the Clark County District Court on behalf of a local attorney and law firm. The plaintiff, a client of the firm, brought a legal malpractice lawsuit alleging that the firm’s failure to advise her in an area outside of its scope of practice resulted in her exposure to criminal charges and various damages. Following the two-week jury trial, the jury returned a unanimous defense verdict after one hour of deliberation, quashing a demand at trial for $2 million.

Sheri Thome and Michael E. Stoberski

Events

Mike Stoberski has significant litigation and trial experience in the areas of professional liability, transportation, premises liability, product liability and construction. Mike has tried more than 30 jury trials to verdict and more than 35 bench trials to verdict.

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