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• Supreme Court of Utah
• U.S. District Court for the District of Utah
• U.S. Court of Appeals for the Tenth Circuit
• Rated AV Preeminent® by Martindale-Hubbell®
• Utah Legal Elite: Civil Trial, Utah Business magazine (2005-2011, 2017)
First Amendment Cases
• Bauchman v. West High School, et al., 900 F.Supp.2d 254 (D.Utah 1995), affirmed, 132 F.2d 542 (10th
Cir.1997), cert. denied, 524 U.S. 953 (1998) High school choir student challenged constitutionality of singing religious songs in public school. Case dismissed on motion, affirmed on appeal and certiorari denied by U.S. Supreme Court (SCOTUS).
• East High Gay/Straight Alliance v. Salt Lake City School Dist., et al., 30 F.Supp.2d 1356 (D.Utah Nov. 24, 1998), 81 F.Supp.2d 1199 (D.Utah Jan. 9, 1999), 81 F.Supp.2d 1166 (D.Utah Oct. 6, 1999), 1999 WL1390255 (D.Utah Nov. 24, 1999) Gay club challenged school district's closed forum policy under the Equal Access Act. Judge Jenkins dismissed case at final pretrial conference. While plaintiff's appeal was pending, school district adopted limited open forum policy for school clubs. Case voluntarily dismissed.
• East High PRISM Club v. Cynthia Seidel, 95 F.Supp.2d 1239 (D.Utah 2000): Gay club challenged denial of application for approval as curriculum-related club in closed forum under Equal Access Act. Preliminary injunction granted for plaintiffs, interlocutory appeal filed, case voluntarily dismissed before briefing.
• Seamons v. Snow, 84 F.3d 1226 (10th Cir. 1996), 206 F.3d 1021 (10th Cir. 2000): Civil rights action against school district and football coach alleging plaintiff was kicked off the football team for speaking out about a hazing incident. After two dismissals and two reversals by the 10th Circuit, jury returned verdict for
$275,000 for free speech retaliation.
Breach of Contract, Tort and Public Records Cases
• University of Utah v. McConkie, (3rd Dist. Ct. 2020) Represented University of Utah in petition for de novo review of State Records Committee ruling regarding public records request for mental health records of deceased student. Matter settled.
• University of Utah v. PETA, (3rd Dist. Ct. 2019) Represented University of Utah in petition for de novo review of State Records Committee ruling regarding public records request involving University’s animal research program. Matter settled following mediation.
• Schmelzer v. Yamashiro, (3rd Dist. Ct. 2018) Representing two University of Utah physicians in commercial tort claim arising out of University pediatric surgery practice. Matter pending.
• UDOT v. Parsons Brinckerhoff, Inc., (4th Dist. Ct. 2014) Breach of contract suit by Utah Department of Transportation against engineering design firm for landslides during construction of $87 million dollar highway project in Provo Canyon. Matter settled before trial for $15 million.
• Deer Crest Associates L.L.C. v. Deer Crest Resort Group, LLC, Avalon Deer Valley, LLC, Willamette Landing Development, Inc. and A. Paul Breneke: Breach of Contract action on behalf of landowner against hotel
developer arising out of resort hotel/condo project in Park City, Utah. Court awarded client $1.4 million in contract damages, plus interest, costs and attorney fees.
• Meadow Valley Construction v. UDOT: Breach of contract action for $1.3 million by highway contractor
against Utah Department of Transportation involving I-215 highway project. After bench trial, judge found partial breach and awarded $450,000, plus interest. On appeal, the Utah Supreme Court reversed award
and ordered summary judgment for UDOT.
• Chidester, et al. v. Southern Utah University: Tenured professors terminated when college program eliminated. Jury returned "no cause" verdict after 2 1/2 week trial.
Civil Rights
• Davenport v. Williams, (D. Utah 2017) and Davenport v. Dixie State University, (5th Dist. Ct. UT 2017),
Defended Dixie State University and eleven university personnel in civil rights, breach of contract and tort litigation involving the termination of a tenured professor.
• Ellis v. Lemons (D. Utah 2016): Defended a University of Utah oncologist in a federal civil rights lawsuit arising out of life-saving chemotherapy treatment provided to a child cancer patient. The case was dismissed on motion, affirmed on appeal and certiorari denied by SCOTUS.
• Finnegan v. Laskey (D. Ind. 2016): Defended a current University of Utah forensic pediatrician and others in a
$30 million federal civil rights judgment involving a previous child abuse homicide investigation for Indiana University School of Medicine. Negotiated a post-judgment settlement with plaintiffs’ counsel and Indiana University’s insurance carrier.
• Childs v. Rawle: Civil rights action against parole officers who mistakenly arrested and detained at gunpoint two black males believed to be fugitives. Jury awarded $35k to each plaintiff.
• Fitches v. Mercer: Civil rights action involving alleged strip search of plaintiff on I-15 following drug dog alert. Jury returned "no cause" verdict.
• Foote v. Spiegel: Civil rights action against Utah Highway Patrol officers for traffic stop, detention, arrest and strip search at Davis County Jail. Summary judgment granted for plaintiff on strip search claim. On
interlocutory appeal to 10th Circuit, case affirmed in part, reversed in part, dismissed in part and remanded for trial. After two week trial, jury awarded $1.00 for strip search.
• Johnson v. Gallegos: Civil rights action against Utah Highway Patrol Trooper for allegedly requesting strip search at Davis County Jail. Jury returned "no cause" verdict.
• Kohagen v. Nichols: Civil rights action against Utah Highway Patrol Trooper for illegal detention, search and arrest for possession of marijuana following traffic stop on I-15. Jury returned "no cause" verdict.
• Sequaptewa v. Jones: Civil rights action against Utah Highway Patrol Officers for excessive force arising out of DUI arrest. Plaintiff claimed he was beaten unconscious by flashlight and nightstick, even though he
offered no resistance. Jury returned "no cause" verdict.
• Simpson v. Lundell: Civil rights action by inmate against prison officer for fondling his penis during pat down search after plaintiff was observed digging at prison window in mental health ward. Jury returned "no
cause" verdict.
• Sutton v. Moore: Civil rights action against principal of the Utah School for the Deaf and Blind involving a blind student who was sexually assaulted by another student in the school bathroom. Jury returned "no cause" verdict.
• Tyler Tweed vs. Chris Bertram, et al.: Civil rights action against Utah Highway Patrol Troopers and Salt Lake County Sheriff’s Deputy for excessive force during traffic accident investigation on I-215. Unanimous jury verdict of "no cause.
• Jurasek v. Payne, 959 F.Supp. 1441 (D.Utah 1997), affirmed, 158 F.3d 506 (10th Cir. 1998): Schizophrenic patient at Utah State Hospital sued physicians and administrators for imposing forced medication
treatment plan consisting of anti-psychotic drugs. Case dismissed on summary judgment after evidentiary hearing, affirmed on appeal, cert. denied by SCOTUS.
• Weitzel v. Utah Div. Occupational Professional Licensing (DOPL) et al. (D.Utah 1999): Psychiatrist sued
DOPL and its director in three consecutive state and federal lawsuits seeking injunctive relief and damages arising out of his license suspension imposed by psychiatrist’s refusal to submit to a fitness evaluation. At the time, plaintiff was under investigation for murdering patients by opioid overdoses and for illegal use of prescriptions for personal use. In each case, plaintiff’s preliminary injunction motions were denied and the cases dismissed.
Personal Injury
• Montoya v. Kimray (1st Dist. Ct., NM 2019) Personal injury action for mesothelioma allegedly caused by
exposure to asbestos-containing gas valve equipment. Negotiated settlement day before trial in Santa Fe.
• Currie v. Ford Motor Company (Los Angeles Superior Court 2017): Personal injury action for mesothelioma allegedly caused by exposure to asbestos-containing automotive products. Defense verdict after three- week jury trial in Los Angeles County.
• Dowland et al., v. University of Utah et al., (3rd Dist. Ct. 2014) Insulation workers burned during construction of underground steam tunnels on University of Utah campus. Case resolved at mediation.
• Kier Property Management and Real Estate, LLC v. Mack, (2nd Dist. Ct. 2014) Injunctive relief and damage action for publication of personal Social Security information on Facebook and YouTube. Judgment and permanent injunction granted for client.
• Cumins v. University of Utah: (3rd Dist. Ct.) Slip and fall on darkened stairwell in dormitory housing. Jury awarded 51% of medical expenses and no general damages.
• Finster v. Bona: (4th Dist. Ct.) Personal injury case arising out of auto accident involving school district snow plow. Jury awarded plaintiff limited medical expenses and apportioned 49% fault to plaintiff.
• King v. Provo School District: (4th Dist. Ct.) Premises liability action against Provo School District involving collision with a tree. Jury awarded nominal medical expenses.
• Knight v. College of Eastern Utah: (7th Dist. Ct.) Premises liability action against College of Eastern Utah involving slip and fall on a patch of ice on a sidewalk. Jury returned "no cause" verdict.
• Meyer v. State, et al.(3rd Dist. Ct.) Medical malpractice action against state physician involving a heart attack and triple by-pass surgery allegedly induced by an overdose of migraine prescription. Jury returned "no
cause" verdict.
• Gadd v. U.S., et al., 971 F.Supp. 502 (D.Utah 1997): 9-year-old girl mauled by black bear at Strawberry Reservoir. Plaintiff sued State Division of Wildlife Resources and U.S. Forest Service for negligence. Case dismissed on summary judgment.
Wrongful Death
• Thomas v. Ford Motor Company (McLean County, IL): Wrongful death action for lung cancer allegedly caused by exposure to asbestos-containing automotive products. Unanimous verdict for Ford after a two-week jury trial.
• Roxanne Richards, et al., v. Ford Motor Company, et al. (Cook County, IL): Wrongful death action for
mesothelioma allegedly caused by exposure to asbestos-containing automotive products. Case resolved during three-week jury trial in Chicago.
• Butler v. Ford Motor Company et al., (2nd Dist. Ct. Nevada 2013) Product liability action for wrongful death
alleging exposure to asbestos-containing products. Case dismissed on summary judgment following exclusion of plaintiff’s medical causation expert testimony.
• Dee Clayton, et al. v. Ford Motor Company, et al. (3rd Dist. Utah): Wrongful death and brain injury claims arising out of Ford Explorer rollover. Jury returned "no cause" verdict after 6-week trial.
• Farley v. UDOT (3rd Dist. Utah): Wrongful death action against Utah Department of Transportation arising out of oil tanker rollover on state highway. Jury returned "no cause" verdict.
• Keegan v. State (3rd Dist. Utah): Wrongful death action alleging defective highway design against Utah Department of Transportation arising out of rollover on I-80 in Parley's Canyon. Jury awarded $500,000. Utah Supreme Court reversed and dismissed case based upon discretionary function doctrine.
• Armstrong v. McCotter, et al. (D.Utah 2001): Mentally ill prison inmate died of pulmonary embolism after 16 hours in a psychiatric restraint chair. Case settled while motion for summary judgment pending.
Property Damage
• Utah Valley Community College v. Robertson (3rd Dist. Utah): State sued for property damage to college bus that collided with defendants' horse on I-80. Jury returned "no cause" verdict.
Class Action
• In re: Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation (Utah, Montana, Wyoming, South Dakota and California, 2015 to 2021) Represented auto manufacturer in numerous consumer class action and governmental enforcement lawsuits involving emission defeat devices in various state and federal courts.
• Best Rate Towing and Repair v. Ziplocal, LP, (D. Utah 2014) and Jones Heating v. Ziplocal, LP, (4th Dist. Ct, Utah): Two federal and state class action lawsuits against telephone directory company for breach of contract involving distribution of telephone books. Both cases dismissed on motion and abandoned on
appeal.
Clayton v. Ford Motor Co., 2009 UT App 154 (Utah Ct. App. 2009)
Deer Crest Assocs. I, L.L.C. v. Avalon Deer Valley, L.L.C., 566 F.3d 1246 (10th Cir. 2009)
Dexter v. Ford Motor Co., 92 Fed. Appx. 637 (10th Cir. 2004)
Duran v. Cook, 788 P.2d 1038 (Utah Ct. App. 1990)
Ellis v. Lemons, 667 Fed. Appx. 697 (10th Cir. 2016)
English v. Meacham, 24 Fed. Appx. 897 (10th Cir. 2001)
Estes v. Namba, 1996 U.S. App. LEXIS 532 (10th Cir. 1996)
Foote v. Spiegel, 118 F.3d 1416 (10th Cir. 1997)
Foote v. Utah, 4 Fed. Appx. 687 (10th Cir. 2001)
Hamilton v. Bartholomew, 1999 U.S. App. LEXIS 14905 (10th Cir. 1999)
Hancock v. Utah, 1999 U.S. App. LEXIS 8793 (10th Cir. 1999)
Masters v. Worsley, 777 P.2d 499 (Utah Ct. App. 1989)
Meadow Fresh Farms v. Utah State Univ. Dep’t of Agric. & Applied Sci., 813 P.2d 1216 (Utah Ct. App. 1991)
Myers v. Third Judicial Dist. Court, 1999 U.S. App. LEXIS 14903 (10th Cir. 1999)
Neilson v. Memmott, 1999 U.S. App. LEXIS 29755 (10th Cir. 1999)
Parkins v. Patterson, 200 U.S. App. LEXIS 11079 (10th Cir. 2000)
Seamons v. Snow, 84 F.3d 1226 (10th Cir. 1996) •
Seamons v. Snow, 206 F.3d 1021 (10th Cir. 2000)
Simpson v. Lundell 67 Fed. Appx. 567 (10th Cir. 2003)
State v. Baird, 763 P.2d 1214 (Utah Ct. App. 1988)
State v. Barela, 779 P.2d 1140 (Utah Ct. App. 1989)
State v. Baumgaertel, 762 P.2d 2 (Utah Ct. App. 1988)
State v. Bobo, 803 P.2d 1268 (Utah Ct. App. 1990)
State v. Brown, 771 P.2d 1093 (Utah Ct. App. 1989)
State v. Cayer, 814 P.2d 604 (Utah Ct. App. 1991)
State v. Cornwall, 810 P.2d 484 (Utah Ct. App. 1991)
State v. Cox, 787 P.2d 4 (Utah Ct. App. 1990)
State v. Duran, 772 P.2d 982 (Utah Ct. App. 1989)
State v. Ford, 793 P.2d 397 (Utah Ct. App. 1990)
State v. Hall, 797 P.2d 470 (Utah Ct. App. 1990)
State v. Harman, 767 P.2d 567 (Utah Ct. App. 1989)
State v. Humphrey, 793 P.2d 918 (Utah Ct. App. 1990)
State v. Hunt, 781 P.2d 473 (Utah Ct. App. 1989)
State v. Jackson, 805 P.2d 765 (Utah Ct. App. 1990)
State v. Johnson, 771 P.2d 326 (Utah Ct. App. 1989)
State v. Montes, 804 P.2d 543 (Utah Ct. App. 1991)
State v. Ott, 763 P.2d 810 (Utah Ct. App. 1988)
State v. Pascoe, 774 P.2d 512 (Utah Ct. App. 1989)
State v. Perdue, 813 P.2d 1201 (Utah Ct. App. 1991)
State v. Pharris,798 P.2d 772 (Utah Ct. App. 1990)
State v. Sims, 808 P.2d 141 (Utah Ct. App. 1991)
State v. Sterger, 808 P.2d 122 (Utah Ct. App. 1991)
State v. Stromberg, 783 P.2d 54 (Utah Ct. App. 1989)
State v. Tolman, 775 P.2d 422 (Utah Ct. App. 1989)
State v. Webb, 790 P.2d 65 (Utah Ct. App. 1990)
State v. Woolley, 810 P.2d 440 (1991)
Whiteman v. Ortiz, 1999 U.S. App. LEXIS 34343 (10th Cir. 1999)
Witte v. Sloan, 250 Fed. Appx. 250 (10th Cir. 2007)
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