Practice Areas:
Trial Practice, Business Litigation, Business Law, Mediation, Mass Torts, Class Actions, Personal Injury, Employment Law, Real Estate, Construction Law, Condemnation, Real Estate, Title Insurance and Insurance Defense

Admitted:
Oregon (1972); Utah, U.S. District Court, District of Utah and U.S. Court of Appeals, Tenth Circuit (1976); U.S. Tax Court (1978); U.S. Supreme Court (1985)

Law School:
Arizona State University , J.D. (1972)

College:
University of Washington, B.A., Chemistry (1969)

Biography:

• The Best Lawyers in America (2003-present)
• American Board of Trial Advocates, National Board of Directors (2005-present), Presidential Appointee (2002 & 2015), Foundation Trustee (2010-2012) and Foundation Treasurer (2012),  Senior Life Fellow (2010), Co-Chair of the Professionalism, Ethics and Civility Committee (2009-present), Editor of Civility Matters, and Chapter President (1998-1999)
• National Board of Trial Advocacy, Civil Trial & Civil Pretrial Practice Diplomate (2004-present)
• International Society of Primerus Law Firms, Board of Directors (2000-2008 & 2011), Chair, Primerus Ambassadors (2015), Lifetime Achievement Award (2012), Outstanding Service Award (2010), Member of the Leadership Council (2010-2012), and Chair of the Plaintiff and Consumer Practice Group (2008-2010)
• Litigation Counsel of America (2009-present), Order of Justitia, and the Trial Law Institute
• Martindale-Hubbell “AV” rated, for more than 20 years, “5.0” peer review
• Mountain States Super Lawyers (Business Litigation) (2007-present), Top Seventy-Five Mountain States Super Lawyers (2007-08), Top 100 Mountain States Super Lawyers (2012-13), and Blue Ribbon Panelist (2007-2015)
• American Lawyer/Corporate Counsel, Top Lawyers, Commercial Litigation (2011)
• College of Master Advocates and Barristers (Senior Counsel)
• Master of the Bench, Sutherland II Inns of Court
• Million Dollar Advocates Forum
• The National Trial Lawyers, Top 100 Trial Lawyers, (2009-present)
• Utah Legal Elite (Business Litigation) (selected 2005, 2007-2009, 2011-2015 by Utah Business Magazine)
• Lawdragon’s 3000 Leading Plaintiffs’ Lawyers in America (2006)
• American Society of Legal Advocates, Litigation Top 100 (2014-2015)
• American Institute of Personal Injury Attorneys, 10 Best Attorneys of Utah (2014)
• AVVO “10.0” Rating (2014-present)
• General Counsel, Park City (Utah) Board of Realtors (2005-2008)
• Instructor, Business Law, Clackamas and Mt. Hood Community College (1973-1974)
• Judge Pro Tem, Salt Lake City Small Claims Court
• Participant, Renaissance Weekend
• National Register’s Who’s Who in Executives and Professionals (2003-2006)
• Contemporary Who’s Who (2004)
• Interviewed on Fox National News (live on several occasions), CNN and CNN International, Global TV, Canadian Broadcasting Corporation, and numerous times on and by Salt Lake City’s local television and radio stations and local, national and international newspapers
• VISTA Attorney, Legal Services, Portland, Oregon (1972-1973)
• Arizona State University Law Journal (1970-1972)

Member:

• Utah Bar Associaton:
  • Rules of Professional Conduct Committee (2015)
  • Distinguished Pro Bono Law Firm Award (2012)
  • Professionalism Award (2008)
  • Utah Supreme Court Advisory Committee on Professionalism (2002-2015), Chair, Civility Code Subcommittee (2002)
  • Unfair Criticism of Judges Committee (2002-2003)
  • Executive Committee, Senior Lawyers Section (2010-2011)
  • Education for Justice Project (2002-2003)
  • Courts and Judges Committee and Chair, Local Rules Subcommittee (1992-1995)
• American Bar Association
  • Vice-Chair, Automobile Law Committee and Co-Editor, Auto Law Annual Survey (2001-2002)
  • Task Force on Plaintiff Involvement (2000-2002)
• Defense Research Institute:
  • State Liaison, Insurance and Trucking Law Committees (2000-01)
  • Design Professional Subcommittee (1998)
• Business Tort Trial Lawyers Association (2013-present)
• American Association for Justice: HRT and Vioxx Litigation Groups
• Utah Association for Justice
• Federal Bar Association
• Utah Defense Lawyers Association (2003-2004)
• Rotary International, Paul Harris Fellow (2001-present)
• Henry Suzzallo Society, University of Washington

Select Reported Cases:

• McGrath v. Fogarty, 2015 WL 4067505 (D. Utah July 2, 2015)
• Utah Dep’t of Transp. v. Admiral Beverage Corp., 275 P.3d 208 (Utah 2012)
• 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 (10^th 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 (10^th Cir. (Utah) 2001)
• Delta Western Group, LLC v. Ruth E. Fertel, Inc., 164 Fed. Appx. 650 (10^th Cir (Utah) 2005)
• Omasta v. Choices Benefit Plan, 352 F.Supp.2d 1201 (D. Utah 2004)
• Sinajini v. Board of Educ., 233 F.3d 1236 (10^th Cir. 2000), 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 (10^th Cir. 1992)
• Ranch Homes, Inc. v. Greater Park City Corp., 592 P.2d 620 (Utah 1979)

Select Presentations:

Has lectured frequently on trial techniques, civility, employment, business and real estate law, including:

• American Bar Association, Tort Trial and Insurance Practice Section  (2015)
• Utah State Bar I.P. Summit (2013)
• University of Utah’s S.J. Quinney College of Law, Guest Lecturer in Pretrial Procedure (Fall 2012)
• Utah State Bar Fall Forum (2012)
• American Board of Trial Advocates (ABOTA)
  • Civility Matters Presentations (Numerous)
  • Masters in Trial, Opening Statement – Panel Discussion (2015)
  • Masters in Trial, Program Co-Chair (2012)
  • The Ultimate Utah Trial Notebook, Program Co-Chair (2011)
  • National Jury Summit, Program Co-Chair, “Improving Access to Jury Trials” (2011)
  • The Utah Jury Summit, Program Co-Chair (2008)
  • Masters in Trial, Program Co-Chair (2005)
  • Masters in Trial, Presenter, Cross Examination of Plaintiff’s Accident Reconstruction Expert (2001)
  • The Ultimate Utah Trial Notebook, Program Chair (1998)
• Litigation Counsel of America, Distinguished Speaker, “Structured Settlements and Special Needs Trusts – Perfect Together?” (Fall Conference, 2009)

Select Publications:

• Editor, Civility Matters, ABOTA (2011 – 2015)
• Co-Author, “Enforcing Civility in an Uncivilized World,” Utah State Bar Journal (May/June 2009)
• Author, “In Defense of Jury Trials,” The Intermountain Commercial Record (February 9, 2007)
• Author, “Utah Is Not the Place for Runaway Med-Mal Juries,” The Intermountain Commercial Record (February 8, 2007)
• Co-Author, “Recent Developments in Automobile Law,” 37:2 Tort & Insurance Law Jr. 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)

Select Transactions:

• Acquisition of NBA basketball franchise (the Utah Jazz)
• Joint venture to construct USANA Amphitheater (20,000 seats)
• Purchases and sales of numerous commercial properties and businesses, including automobile dealerships, auto rental franchises and technology companies