Judith D. Wolferts

Of Counsel

Judy Wolferts has over 20 years of experience in litigation defense. Her practice presently is focused on employment law matters for private and public employers, and includes advising employers on compliance with civil rights laws such as Title VII and the Americans with Disabilities Act, pay and overtime issues, other federal and state statutes, and related law such as freedom of speech, freedom of association, religious freedom, and search and seizures. In addition, she handles employer/employee litigation, advises on and drafts employee handbooks, and provides procedures on complying with I-9 requirements.

Judy also advises public employers on complying with legal requirements for terminations and public employees’ Constitutional rights, as well as the limitations and requirements of Utah Code Ann. §10-3-1105 & -06. Regarding Utah law, she handled all legal briefing for the governmental entity in Pearson v. City of South Jordan, 2012 UT App 204 (2012), where the appellate court concluded the governmental entity’s interpretation of § 10-3-1105 was correct and that the appellant employee was at will and did not have procedural rights under Utah or federal law. Judy also has been involved in defending products liability matters, including the Fen-Phen Diet Drugs multistate litigation, and food-borne e-coli litigation, and she has significant experience in appellate work including interlocutory appeals, drafting appellate briefs for both appellants and appellees, and handling oral argument on appeal.

Education

  • J.D., University of Utah, S.J. Quinney College of Law, 1994
  • B.A., Brigham Young University, magna cum laude

Bar & Court Admissions

  • Utah State Bar
  • Utah Supreme Court
  • United States Court of Federal Claims
  • U.S. District Court, District of Utah
  • Tenth Circuit Court of Appeals
  • United States Supreme Court

Judy regularly speaks on current employment issues during seminars for public and private employers.

  • Utah Bar Association
  • Salt Lake City Bar Association
  • Federal Bar Association
  • American Bar Association
  • Utah Defense Lawyers Association
  • Utah State Bar – Bar Examiner
  • Utah State Bar – Ethics Opinions Committee
  • Utah State Bar – Character & Fitness Committee
  • Advisory Committee on Utah Rules of Civil Procedure (past secretary)
  • Salt Lake County Bar Association
  • Rated by Martindale-Hubbell® Peer review as AV® Preeminent™.
  • Recognized as Utah Legal Elite by Utah Business Magazine
  • Listed in Best Lawyers in America® – Employment Law
  • Order of the Coif
  • University of Utah Law Review Board
  • Judicial Clerkship: Honorable Chief Judge David K. Winder, United States District Court, District of Utah

Trials: Court, Civil Service, Administrative

  • Kingsford v. Salt Lake City Sch. Dist., 247 F.3d 1123 (10th Cir. 2001)
  • Huemiller v. Ogden Civil Serv. Comm’n, 2004 UT App 375, 101 P.3d 394
  • Allan v. Springville City, 388 F.3d 1331 (10th Cir. 2004)
  • Thomas v. Draper City, 2006 UT App 287

Appeals

  • In re Guardianship of A.T.I.G., 2012 UT 88, 293 P.3d 276 (Dec. 11, 2012)
  • Ute Indian Tribe v. Ute Distribution Corp., 2010 WL 956905 (D. Utah), aff’d, 2012 WL 19521 (10th Cir. Jan. 5, 2012)
  • Pearson v. City of South Jordan, 2012 UT App 88, 275 P.3d 1035
  • Ute Distribution Corp. v. Secretary of the Interior, 584 F.3d 1275 (10th Cir. 2009), cert. denied 130 S.Ct. 3285 (May 17, 2010)
  • Pearson v. City of South Jordan, 2009 UT App 204, 216 P.3d 996
  • Leautaud v. Market Express, 2008 WL 183699 (Jan. 18, 2008)
  • Harmon v. Ogden Civil Serv. Comm’n, 2007 UT App 336, 171 P.3d 474
  • Sivulich-Boddy v. King, 2007 WL 2781710 (D. Utah 2007)
  • Nix v. Park City Corp., 2006 WL 2598349 (D. Utah 2006)
  • Ogden City v. Harmon, 2005 UT App 274, 116 P.3d 973
  • Canfield v. Layton City, 122 P.3d 622 (Utah Ct. App. 2005)
  • Velarde v. ARUP, 2003 WL 1736400 (10th Cir.)
  • Letizia v. Department Workforce Servs., 2002 UT App 315
  • Langille v. Logan City, 2001 U.S. App. LEXIS 10844 (10th Cir. 2001)
  • Bentley v. West Valley City, 21 P.3d 210 (Utah 2001)
  • Richardson v. Navistar, 8 P.3d 262 (Utah 2000)
  • Burkholz v. Joyce, 372 P.2d 1235 (Utah 1998)
  • Nielsen v. Moroni Feed Co., 34 F. Supp.2d 1316, aff’d 162 F.3d 604 (10th Cir. 1998)
  • Reliance Ins. Co. v. Mast Constr. Co., 159 F.3d 1311 (10th Cir. 1998)
  • Lawson v. Salt Lake Trappers, 901 P.2d 1013 (Utah 1995)

Appeals

  • Allan v. Springville City – PUBLIC EMPLOYER DEFENSE – Represented City in action brought by former employer alleging wrongful termination and due process violations.  The 10th Circuit upheld the verdict and judgment in favor of the City.
  • Velarde v. ARUP – EMPLOYER DEFENSE – Represented employer against claim of disability discrimination.  The 10th Circuit upheld summary judgment in favor of the employer.