Following 28 years on the bench which led to the Santa Clara Trial Lawyers Association’s Lifetime Achievement Award, Judge Murphy joined ADR Services, Inc. in June 2011. During the past 12 years, he has become one of the leading mediators, arbitrators, and discovery referees in the State of California.
Notably, while on the Superior Court, Judge Murphy held a number of key assignments including Discovery Judge, Case Manager for three years, where he conducted law and motion hearings and oversaw settlement conferences, and in 2008 was the Supervising Judge of the Civil Division of the Court.
Most importantly, as a trial judge, Judge Murphy presided over 1,000 court and jury trials involving a wide variety of topics including trade secrets, business contracts and dissolutions, employment discrimination, and real estate.
While serving as a Superior Court Judge, Judge Murphy also held the position of Adjunct Professor of Law at Santa Clara University School of Law teaching classes in Civil Remedies and Ethics.
Given his extensive background as a judge and law school professor, Judge Murphy mediates a wide variety of cases with special emphasis on employment/labor, business, real estate, legal and medical malpractice, sexual assault torts, and complex litigation disputes including class actions. He has achieved a high settlement rate due in part to a willingness to discuss mediations with counsel prior to the mediation date and his relentless follow-up of any unsuccessful mediation done without cost to the parties.
Judge Murphy’s philosophy about mediations includes his belief that, when possible, the parties are entitled to an honest evaluation of the lawsuit. Drawing upon 28 years of experience as a judge, and 12 years as an arbitrator and reference trial judge, he evaluates each case with an eye towards the probable trial result. In appropriate situations, he will offer opinions about potential trial outcomes.
During his time with ADR Services, Inc., Judge Murphy has been selected to serve as an arbitrator in over 200 cases. A number of those cases have proceeded to arbitration hearing including lawsuits addressing dissolution of corporations, legal and medical malpractice, residential and commercial real estate, business contract disputes and in one instance an action brought by approximately 100 customers against a nationwide food delivery technology company for discriminatory pricing.
Judge Murphy is known as an arbitrator that strictly applies the law and who refrains from making unsupportable compromise decisions for inappropriate reasons, such as a desire for return business. In a June 9, 2023, Daily Journal article about Judge Murphy, titled “Genuinely Honest,” Judge Murphy was quoted as saying, “I’d rule against my own mother at an arbitration if the law and the facts supported such ruling.”
As a result of having been appointed to serve as discovery referee by the Federal courts and California State Courts in eight counties, Judge Murphy has handled over 100 discovery cases. Those appointments oftentimes involved multiple parties and issues involving various privileges and rights of privacy. His approach to discovery is to strictly apply the appropriate discovery laws and, recognizing the need to promptly move cases to trial, to issue reasoned decisions within five days of submission.
In addition to discovery reference assignments, Judge Murphy has, among other things, conducted reference trials, administered non-profit elections, decided attorney fee disputes, and apportioned damage awards.
Judge Murphy has been selected by government agencies and employees to conduct discipline hearings on a number of occasions including case involving a County action against a Deputy District Attorney for violating criminal discovery laws, a School District proceeding against an employee for stalking another employee, and a School District allegation against a teacher for sexual harassment.
As a result of court appointments, Judge Murphy has administered four elections for nonprofit organizations. Three of the elections involved contested board elections at religious organizations (Sikh and Muslim religious communities), and the fourth election was for the Board of Directors of a charity for the physically challenged.
Judge Murphy was an Adjunct Professor of Law at Santa Clara University School of Law for nine years, teaching classes in Legal Ethics and Civil Remedies. He has also lectured extensively to law firms, bar associations, and through CLE presentations on the subjects of trial tactics, legal ethics, arbitrations, and judicial references.
EMPLOYMENT AND LABOR LAW
BUSINESS AND CONTRACT
PERSONAL INJURY INCLUDING SEXUAL ASSAULTS
FINANCIAL ELDER ABUSE