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Donald J. Winder About Our Lawyers

Practice Areas
Litigation, Business Litigation, Business Law, Real Estate, Construction Law, Condemnation, Real Estate Title Insurance and Insurance Defense

Admitted
1972, Oregon
1976, 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, 2003-06
  • Civil Trial Diplomate, National Board of Trial Advocacy
  • American Board of Trial Advocates (National Board of Directors, 2005 - current, Presidential Appointee, 2002, and Chapter President, 1998 & 1999)
  • International Society of Primerus Law Firms (Board of Directors, 2000 - current; Vice President, West Region, 2003-04)
  • College of Master Advocates and Barristers (Senior Counsel)
  • Master of the Bench, Sutherland Inn of Court II
  • Million Dollar Advocates Forum
  • Selected 2005 Utah Legal Elite by Utah Business Magazine
  • Register's Who Who in Executives and Professionals, 2003-06
  • 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 Law Journal, 1970-72

Member

  • Utah State Bar (Member, Utah Supreme Court Advisory Committee on Professionalism, and Chair, Civility Code Subcommitee, 2002 - current; 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)
  • Association of Trial Lawyers of America (HRT and Vioxx Litigation Groups)
  • Utah Defense Lawyers Association

Select Reported Cases

  • Ivers v. Utah Department of Transportation, 2207 UT 19, 571 Utah Adv. Rep. 3
  • 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 U. Fertel, Inc. 2000 WL 33710852 (D. Utah), aff'd 2005 WL 1009727 (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 (Ut. 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 (Ut. 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

  • Don has lectured frequently on trial techniques, civility and employment law, including for the American Board of Trial Advocates
  • 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 Trials," The Intermountain Commercial Record (February 9, 2007)
  • Author, "Utah Is Not the Place ofr Runaway Med-Mal Juries," The Intermountain Commercial Record (February 8, 2007)
  • Co-Author, "Recent Developments in Automobile Law," 37:2 Tort & Insurance Law Journal 295-322 (Winter 2001)
  • Author, "Utah Joins Ranks Denying Recovery for Economic Loss in Tort," The Critical Path, The Newsletter of the Construction Law Committee, Defense Research Institute (Winter 1999)

Agencies

  • Salt Lake City, Zoning Review Committee (1991-1992)
  • State of Utah, Department of Natural Resources, Riverway Enhancement Advisory Council (1991-2001).

Transactions

  • Acquisition of NBA franchise (Utah Jazz)
  • Joint venture to construct 20,000 seat amphitheater (USANA Amphitheater)
  • Purchases and sales of numerous commercial properties and businesses, includin automobile dealerships, auto rental franchies and technology companies.