Joshua N. Kastan
Bar Admissions
California
Washington
Oregon
New Mexico
District of Columbia
U.S. District Court, Northern District of California
U.S. District Court, Central District of California
U.S. District Court, Southern District of California
U.S. District Court, Eastern District of California
U.S. District Court, Western District of Washington
U.S. District Court, Eastern District of Washington
U.S. District Court, District of Oregon
U.S. District Court, District of New Mexico
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Tenth Circuit
Joshua N. Kastan's practice encompasses both commercial litigation and transactional matters. Josh's experience in commercial litigation includes the representation of personal and commercial insurers against alleged claims of bad faith, frequently involving complex multi-party lawsuits and nuanced coverage issues. He has also represented a variety of commercial entities and private individuals in cases involving claims ranging from premises liability to commercial fraud. Josh has experience in every phase of litigation, from initial case evaluation to trial and appeal.
In his transactional practice, Josh routinely advises institutional financial clients on matters relating to brokerage accounts, mutual fund products, and life insurance. Representative areas include: the interplay of trusts and estates with various financial products; the validity of small estate affidavits and small estate administration; the filing of interpleader actions on behalf of stakeholders to resolve competing claims to property; and the enforceability of IRA beneficiary, T.O.D., and P.O.D. designations. He has also represented broker-dealers in FINRA consumer arbitrations.
Josh is an experienced trial lawyer, having tried and arbitrated cases in state and federal courts in California, Washington, and Oregon. He has also represented clients on appeal, including at oral argument before the Ninth Circuit, the Washington State Supreme Court, the Washington State Court of Appeals, and the California Court of Appeal.
Apart from his regular appearances on the West Coast, Josh is licensed to practice in New Mexico and Washington, D.C., and has been admitted pro hac vice in Nevada, Montana, Hawaii, Kentucky, and Minnesota courts.
Josh received his J.D. from UC Davis School of Law. While in law school, Josh was a member and editor of the UC Davis Law Review. He received his B.A. in International Studies from Emory University and is a proud native of New Jersey.
Josh was selected as a Northern California Super Lawyers Rising Star in 2021, 2022, 2023, and 2024.
Outside of work, Josh enjoys spending time with his daughter and son, as well as his wife who is also a commercial attorney. When work and childcare obligations allow, Josh loves to try the latest restaurants and explore wherever his travels take him.
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Business Litigation
Insurance Bad Faith
Complex Commercial Litigation
Insurance Coverage
Unfair Business Practice
Contract Disputes
Transactional
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Super Lawyers, Northern California (Rising Star) - 2021; 2022; 2023; 2024
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Merritt v. USAA Federal Savings Bank, 1 Wash.3d 692 (2023) [holding Chapter. 7 bankruptcy discharge does not trigger statute of limitations to enforce deeds of trust securing installment notes under Washington law]
Byers v. Superior Court (USAA General Indemnity Company), 101 Cal.App.5th 1003 (2024) [holding insureds impliedly waive attorney-client privilege in seeking Brandt fees and that insurer has right to discovery on same under California law]
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University of California, Davis School of Law - Davis, California
J.D.
Honors: Witkin Award for Academic Excellence, Legal Research & Writing I
Honors: Witkin Award for Academic Excellence, Legal Research & Writing II
Honors: Witkin Award for Academic Excellence, Legal Ethics
Honors: Witkin Award for Academic Excellence, Policing Seminar
Law Review: UC Davis Law Review (Vol. 45), Senior Notes and Comments Editor
Law Review: UC Davis Law Review (Vol. 44), Member
Emory University - Atlanta, Georgia
B.A.
Honors: Dean's List
Major: International Studies
Minor: French
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Leonard M. Friedman Bar Association of Sacramento (LMF)
King County Bar Association (KCBA)
Washington Defense Trial Lawyers (WDTL)
Oregon Association of Defense Counsel (OADC)
New Mexico Defense Lawyers Association
American Bar Association (ABA)
Tort Trial & Insurance Practice Section
Member, Insurance Coverage Committee