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Practice Areas
Trial Practice, Business Litigation, Business Law, Mass Torts, Class Actions, Personal Injury, Real Estate, Construction Law, Employment Law, Insurance Defense, and Insurance.
Admitted
1972, Oregon
1976, Utah, U.S. District Court, District of Utah and U.S. Court of Appeals, Tenth Circuit
1978, U.S. Tax Court
1985, U.S. Supreme Court
Law School
Arizona State University , J.D. 1972
College
University
of Washington, B.A., in Chemistry, 1969
Biography
- Best Lawyers in America, 2003 - present
- American Board of Trial Advocates (National Board of Directors, 2005 - present, Presidential Appointee, 2002, Chapter President, 1998 & 1999, Foundation Trustee, 2010 - present, Co-Chair, Professionalism, Ethics and Civility Committee, 2009 - present, and Editor, Civility Matters
- Mountain States Super Lawyers (Business Litigation), 2007 - present, Top Seventy-Five Attorneys in the Mountain States, 2007-08, and Blue Ribbon Panelist, 2007-11
- Martindale-Hubbel "AV" rated for more than 20 years
- Litigation Counsel of America, 2009 - present, Order of Justitia and The Trial Law Institute
- International Society of Primerus Law Firms, Board of Directors, 2000-08, & 2011, Outstanding Service Award, 2010, Member, Leadership Counsel, 2010 - present, and Chair, Plaintiff and Consumer Practice Group, 2008-10
- Rotary International (2001 - present) and Paul Harris Fellow
- Utah State Bar New Lawyer Training Program (Mentor)
- Participant, Renaissance Weekend
- Civil Trial Diplomate, National Board of Trial Advocacy
- College of Master Advocates and Barristers (Senior Counsel)
- Master of the Bench, Sutherland Inn of Court II
- Multi-Million Dollar Advocates Forum
- Selected 2005, 2007 - present Utah Legal Elite by Utah Business Magazine
- Metropolitan Who's Who, 2007
- Register's Who Who in Executives and Professionals, 2003 - current;
- Contemporary Who's Who, 2004
- Who's Who in Dispute Resolution Registry, 2004
- Continental Who's Who in Executive and Professionals, 2006
- Vista Attorney, Legal Services, Portland, Oregon, 1972-73
- Arizona State University Law Journal, 1970-72
Member
- Utah State Bar Member, Utah Supreme Court Advisory Committee on Professionalism, and Chair,
Civility Code Subcommitee, 2002 - present; Executive Committee, Senior Lawyers Section, 2010 - present; Member, Unfair Criticism of Judges Committee, 2002-03;
Member, Courts and Judges Committee and Chair, Local Rules Subcommittee, 1992-95)
- American Bar Association Vice-Chair, Automobile Law Committee, 2000-02 and Co-Editor, Auto Law
Annual Survey 2001-02, Task Force on Plaintiff Involvement, 2001
- Defense Research Institute State
Liaison, Insurance and Trucking Law Committees, 2000-01 and Member, Design Professional Subcommittee,
1998
- Member, Education for Justice Project
Select Reported Cases
- Utah Dep't of Transp. v. Ivers, 218 P.3d 583 (Utah 2009)
- Ivers v. Utah Dep't of Transp., 154 P.3d 802 (Utah 2007)
- Toomer v. City Cab, 443 F.3d 1191 (10th Cir. 2006)
- Morris v. Khadr, 415 F.Supp.2d 1323 (D. Utah 2006)
- Delta Western Group, LLC v. Ruth's Chris Steak Houses, 2000 WL33710852 (D. Utah), aff'd 24 Fed.Appx. 957 (10th Cir. 2001), Delta Western Group, LLC v. Ruth E. Fertel, Incl, 164 Fed. Appx. 650 (10th Cir. 2005)
- Omasta v. Choices Benefit Plan, 352 F.Supp.2d 1201 (D. Utah 2004)
- Sinajini v. Board of Educ., 233 F.3d 1236 (10th Cir. 2001), cert. denied, 121 S. Ct. 2521 (2001)
- Robinson v. Tripco Inv., 21 P.3d 219 (Utah Ct. App. 2000)
- Richard Barton Enter., Inc. v. Tsern, 928 P.2d 368 (Utah 1996)
- K & T, Inc. v. Koroulis, 888 P.2d 623 (Utah 1994)
- Saunders v. Sharp, 793 P.2d 927 (Utah Ct. App. 1990), remanded 806 P.2d 198 (Utah 1991)
- Canadian Indem. Co. v. K & T, Inc., 745 F. Supp 661 (D. Utah 1990), aff'd 953 F.2d 1391 (10th
Cir. 1992)
- Ranch Homes, Inc. v. Greater Park City Corp., 592 P.2d 620 (Utah 1979)
Select Presentations
- Donald J. Winder has lectured frequently on trial techniques and employment law, including for the American
Board of Trial Advocates (ABOTA), Program Co-Chair, The Ultimate Utah Trial Notebook (2011)
- Litigation Counsel of America, Distinguished Speaker 2009 Fall Conference (Structured Settlements and Special Needs Trusts – Perfect Together?)
- Masters in Trial, Program Co-Chair (2005)
- Masters in Trial, Cross-Examination of Plaintiff's Accident Reconstruction Expert, University
of Utah College of Law (December 2001)
- The Ultimate Utah Trial Notebook, Program Chair (December 1998)
Publications
- Author, "In Defense of Jury Trial," Intermountain Commercial Record (February 9, 2007)
- Author, "Utah Is Not the Place for Runaway Med-Mal Juries," Intermountain Commercial Record (February 8, 2007)
- Co-Author, "Recent Developments in Automobile Law," 37:2 Tort & Insurance Law Journal 295-322
(Winter 2001)
- "Utah Joins Ranks Denying Recovery for Economic Loss in Tort," The Critical Path, Newsletter
of the Construction Law Committee, Defense Research Institute (Winter 1999)
- Editor, "Civility Matters," ABOTA (2011)
Agencies
- Salt Lake City, Zoning Review Committee (1991-1992)
- State of Utah, Department of Natural Resources, Riverway Enhancement Advisory Council (1991-2001)
Select Transactions
- Acquisition of NBA basketball franchise (Utah Jazz)
- Joint venture to construct 20,000 seat amphitheater (USANA Amphitheater)
- Purchases and sales of numerous commercial properties and businesses, including automobile dealerships, auto rental franchises, and technology companies
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