Representative Trials

SCM trial lawyers appear before all Utah state and federal trial courts, appellate courts, administrative agencies, and courts in many other states in the nation.

Our demonstrated trial performance provides maximum leverage for clients and contributes significant credibility with the courts in which we appear.  We apply extensive courtroom experience, with methodical analysis of the complex disputes of each case, and then develop collaborative approaches with our clients.

Many SCM lawyers are recognized by associations that acknowledge broad jury trial experience including the Fellows of the American College of Trial Lawyers, the American Board of Trial Advocates, the Defense Research Institute, and the International Association of Defense Counsel.

For information about our trial practice contact Andrew M. Morse.  Andrew is a highly regarded trial lawyer,  President of the firm and head of our Snow Trial Services team.

A representative listing of just some of our trials and appeals is listed below:

TRIALS

Antitrust

Lantec v. Novell – Represented Novell in an antitrust lawsuit brought by a Utah corporation and a Brazil corporation. Novell filed counterclaims against the plaintiffs.  After six weeks of a jury trial the court entered a directed verdict in favor of Novell.  Judgment was also entered in favor of Novell on the counterclaims in an amount exceeding $2 million.
Contact:  Maralyn M. English

Novell v. Microsoft – Represented Novell as local counsel in an antitrust lawsuit.  Jury did not reach a unanimous verdict.  Judge entered verdict in favor of defendant.
Contact:  Max D. Wheeler or Maralyn M. English

Attorneys’ Fees and Attorney Malpractice

In re Heil – represented debtor in contesting substantial attorney fee request in bankruptcy proceeding.  Trial involved claims of attorney misconduct.
Contact: Keith A. Call

Business Dissolution

Aegenis Group v. Dahn – represented one member of closely held corporation in dissolution proceeding against other shareholder.  Multi-day arbitration trial resulted in large monetary judgment in favor of client.
Contact: Keith A. Call

Graf v. Williamson – represented one member of limited liability company in dissolution proceeding against other member. Multi-day trial involving ownership rights and company valuation.  Obtained favorable monetary result for client.
Contact: Keith A. Call

Contracts

The Canopy Group v. Computer Associates International, Inc. – Represented plaintiff in an action brought against Computer Associates for breach of contract, violation of Lanham and other tort claims.  After the jury was selected, the case settled in favor of plaintiff for an amount reported in the press to be $40 million.
Contact:  Keith A. Call or Maralyn M. English

Construction Company Litigation – Successfully defended against contract, trade secret and other tort claims asserted against former president of company and his subsequent employer.  Successfully asserted business tort and contract counterclaims.  After a five-week trial, the jury returned with a multi-million dollar verdict in favor of the firm’s clients.
Contact:  Maralyn M. English or Jason Hawkins

Equity Labs v. Sorenco Laboratories – represented manufacturing company in dispute over commissions allegedly owed to former salesperson.  One-week jury trial.
Contact: Keith A. Call

Hexion Specialty Chemicals v. Huntsman – part of trial team in a two-week multi-billion dollar trial in Delaware Chancery Court.  The case revolved around a failed merger agreement between two of the world’s largest chemical companies.
Contact: Keith A. Call

Kearl v. Rausser – Represented three economists in a lawsuit brought against an economist who had negotiated a sign-on bonus on behalf of the others.  The claims asserted included breach of contract, breach of fiduciary duty, fraud, and other tort claims.  After a two-week trial the Jury found in favor of the three economists with a $5.2 million verdict.
Contact:  Maralyn M. English

Larken Inc. v. Frontier Recovery Services – successfully represented client at trial in collection matter.
Contact: Keith A. Call

Larry J. Coet Chevrolet v. Labrum – represented defendant in contract dispute.  After bench trial, court dismissed claims against client and entered judgment on client’s counterclaim for fraud.
Contact: Keith A. Call

Radmall v. Wicat – represented manufacturing company in dispute over commissions allegedly owed to former salesperson. One-week bench trial.
Contact: Keith A. Call

Stone v. Everin – represented real estate developer accused of embezzling funds at evidentiary hearing trial involving request for pre-judgment writ of attachment.
Contact: Keith A. Call

Government Entity

Miller v. West Jordan, Bifurcated case – claims against city – Defended police department and West Jordan City. Obtained favorable outcome.
Contact: Heather S. White

Stoedter v. Unified Police Department, Ken Gates and Kenneth Madsen – Defended police department in excessive force claim – wrongful arrest. Obtained favorable outcome. Directed verdict on liability, but no damages found by jury.  $450,000 asked for in closing.
Contact: Andrew M. Morse

Landlord Tenant

Silka Corp. v. Martinez – on a pro bono basis, represented a tenant wrongfully accused of breaching lease and facing eviction.  At bench trial, court dismissed opposing party’s claims and entered judgment on counterclaim for abuse of process in favor of client.
Contact: Keith A. Call

Legal Malpractice

Kilpatrick v. Wiley, Rein & Fielding, represented plaintiff group in a three-month jury trial against law firm who had conflicts of interest and breached duties owed to clients. Jury awarded 8-figure verdict in favor of clients.
Contact: Keith A. Call

Medical Malpractice

Herd v. Davis Behavioral Health, Inc. – Favorably settled medical malpractice case for mental health facility after plaintiff rested.
Contact: Andrew M. Morse

Jones v. University of Utah Hospital – Obtained favorable defense verdict in a medical malpractice claim of Wrongful death. Plaintiff fatally arrest 6 hours after discharge from heel and Achilles operation. Plaintiff asked for $2 million at closing.
Contact: Andrew M. Morse

Wagstaff v. Ogilvie & Roundy – Obtained favorable defense verdict in a medical malpractice claim for two medical doctors’ treatment of psychotic and very ill woman.
Contact: Andrew M. Morse

Personal Injury

Auto, Pedestrian Accident

Jones v Sysco – Obtained a favorable defense verdict in a personal injury claim arising from an auto pedestrian accident.
Contact: Andrew M. Morse

Auto, Train Crash

Lewis v. UTA – Obtained a no cause of action against defendant in collision with vehicle stopped on the train tracks.
Contact: Heather S. White or Nathan R Skeen

Auto, Traumatic Brain Injury

Ballilf v. Cardon – Obtained favorable defense verdict in brain injury case from automobile crash.
Contact: Andrew M. Morse or Heather S. White

Favero v. Werner Transportation – Won a $6 million verdict net of client’s comparative fault in representation of plaintiff. Serious Traumatic Brain Injury and Personal Injury Claim /Consortium Plaintiff’s case arising from multi-vehicle automobile crash in foggy conditions.
Contact: Andrew M. Morse

Slip and Fall

Barney v. Roy City – Obtained a no cause of action against defendant in a fall into a meter hole.
Contact: Heather S. White

Odegaard v. Snowbird – Obtained a favorable defense verdict in a personal injury claim arising from a slip and fall.
Contact: Heather S. White

Tort Action

Alpine Cleaning & Restoration Specialists, Inc. v. Brian and Letitia Durant – Favorably represented plaintiff in contract and tort action over fire repair to plaintiff’s home.
Contact: Andrew M. Morse

Armed Forces Insurance Exchange v. C.W. Reece, Inc. – Obtained $400,000 for client in tort and contract action against insurance agent for hiring an unethical contractor.
Contact: Andrew M. Morse

Gancea v. Ameriprise Home & Auto Ins. – Defense verdict representing insured driver in property damage claim allegedly involving roadside debris.
Contact: Richard A. Vazquez

Stapley v. Cedar City – Obtained favorable defense verdict in property damage and tort against City arising from subsidence.
Contact: Andrew M. Morse

Trade Secrets and Non-Compete

Ball v. Hartwell Corporation – represented departing employee and subsequent employer in case alleging trade secrets and breach of non-complete agreement. Bench trial on motion for preliminary injunction.
Contact: Keith A. Call

HPSI v. Crandall – represented national dietary consulting firm accused of misappropriating trade secrets.  After two-day bench trial on motion for preliminary injunction, opposing party withdrew all claims.
Contact: Keith A. Call

Hub International v. Buckner – represented departing employee and subsequent employer in case alleging trade secrets and breach of non-complete agreement.  Bench trial on motion for preliminary injunction.
Contact: Keith A. Call

Trademark Infringement

Exceptional Innovation v. Lite Touch – represented home automation system manufacturer in trademark dispute.  After bench trial on motion for preliminary injunction, opposing party agreed to stop infringing conduct and pay significant damages.
Contact: Keith A. Call

Wrongful Arrest

Jimenez v. Murray City – Obtained favorable defense verdict in excessive force – wrongful arrest under 42 USC § 1983.
Contact: Andrew M. Morse

Olsen v. Layton Hills – Obtained favorable defense verdict in excessive force – wrongful arrest under 42 USC § 1983.
Contact: Andrew M. Morse

Petrokavitz v. Orem City – Obtained favorable defense verdict in excessive force – wrongful arrest under 42 USC § 1983.
Contact: Andrew M. Morse or Heather S. White

Wrongful Death

Aguilar v. Morgan Excavation – Favorably directed verdict on liability, but only 15% of fault. This was a wrongful death case involving a semi-truck driver on methamphetamine who crashed into another vehicle and killed the driver.  Plaintiff’s counsel asked for $5 million at closing against truck driver.
Contact: Andrew M. Morse

Gallegos v. Dick Simon Trucking – Favorable: Admitted liability case lost $16.5 million in face of closing argument pleas for $30 million. Reversed and remanded on appeal; settled for $10 million. Wrongful death and serious brain injury including serious traumatic brain injury against trucking company for killing a mother and her six-year-old son and injuring her eight-year-old son.
Contact: Andrew M. Morse

Teller v. Huff Trucking – Obtained a $2 million verdict for a young mother and her four-year-old daughter in a wrongful death claim against a trucking company.
Contact: Andrew M. Morse

Walker v. Orem City – Obtained favorable defense verdict in a wrongful death/excessive force claim under 42 USC § 1983.
Contact: Andrew M. Morse or Heather S. White

APPEALS

42 USC § 1983 Claim by parents who refused cancer treatment for child. Established limits to parents’ right to control child’s medical care when child diagnosed with fatal but treatable disease.
Contact: Andrew M. Morse

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.
Contact:  Maralyn M. English or Judith D. Wolferts

Bennett v. Jones, Waldo, Holbrook & McDonough, Utah Supreme Court – PROFESSIONAL MALPRACTICE DEFENSE – Represented defendant in lawsuit relating to the legal representation of shareholder in federal securities class action lawsuit.   Case was dismissed for failure to state a claim and lack of jurisdiction.  Dismissal was affirmed on appeal.
Contact:  Maralyn M. English

Breton v. Law Firm – PROFESSIONAL MALPRACTICE – 2013 UT App. 65, 299 P.3d 13.  Utah Court of Appeals affirmed summary judgment in favor of law firm client.
Contact: Keith A. Call

Cabaness v. Thomas, Utah Supreme Court – PUBLIC EMPLOYER DEFENSE – Represented City in lawsuit brought by former employee alleging breach of contract and tort claims.  Trial court granted summary judgment in favor of City.   After the appellate court reversed certain rulings and remanded the case, the parties settled their dispute.
Contact:  Maralyn M. English

Cache County v. Beus, Court of Appeals of Utah – REAL PROPERTY – Attorney Fees. Lessee was entitled to attorney fees attributable to the successful vindication of its contractual rights.
Contact: Andrew M. Morse

Colony Ins. Co. v. The Human Ensemble LLC, Utah Court of Appeals – INSURANCE – Affirmed summary judgment on bad faith claims in favor of defendant liability insurer, finding that as a matter of first impression, insurer’s duty of good faith did not extend to affirmatively informing insured that it had filed its claim under an incorrect policy.
Contact: Richard A. Vazquez

David P. Coldesina D.D.S., P.C. v. Estate of Simper – PROFESSIONAL LIABILITY DEFENSE – 407 F.3d 1126 (10th Cir. 2005).  Represented accountant accused of failing to identify misappropriation of ERISA plan funds by investment advisor.
Contact: Keith A. Call

Ellis v. Ogden City, Tenth Circuit Court of Appeals – Utah Court of Appeals affirmed the state court ruling in favor of law firm client.

Exceptional Innovation LLC v. Lite Touch, Inc. – TRADEMARK INFRINGEMENT – 2007 WL 647847 (6th Cir.). Obtained favorable settlement for client after submitting appeal brief in trademark infringement case.
Contact: Keith A. Call

Fire Insurance Exchange v. Estate of Therkelsen – 27 P.3d 555 (Utah 2001).  Represented estate of deceased individual seeking insurance coverage for shooting death.
Contact: Keith A. Call

Gallegos ex rel. Rynes v. Dick Simon Trucking, Inc., Court of Appeals of Utah – TRANSPORTATION – Evidence. Expert testimony regarding annuity calculations and cost was admissible in action arising from automobile accident.
Contact: Andrew M. Morse

Jensen ex rel. Jensen v. Cunningham, Supreme Court of Utah – Litigation – Judgment – Federal Court’s dismissal of § 1983 claim did not collaterally estop plaintiffs from litigating state constitutional claims in state court
Contact: Andrew M. Morse

Jensen v. Summit County – United States Court of Appeals, Tenth Circuit  – PUBLIC EMPLOYER DEFENSE – Represented County in action in which former employee claimed that he was entitled to severance benefits because he had not been terminated for cause.  The trial court entered summary judgment in favor of  the County and the Tenth Circuit Court of Appeals affirmed the judgment.
Contact:  Maralyn M. English

Kilpatrick v. Wiley, Rein & Fielding – 37 P.3d 1130 (Utah 2001).  Represented individuals who were victims of law firm’s conflicts of interest and breaches of fiduciary duty.
Contact: Keith A. Call

Lantec v. Novell, United States Court of Appeals, Tenth Circuit – ANTITRUST, COMMERCIAL LITIGATION – Appellate court affirmed directed verdict on antitrust claims in favor of Novell, who was represented by the firm.
Contact:  Maralyn M. English

Larry J. Coet Chevrolet v. Labrum – FRAUD – 180 P.3d 765 (2008).  Court upheld award of attorneys’ fees and judgment for fraud in favor of client.
Contact: Keith A. Call

Lundahl v. American Bankers Ins. Co. of Fla., United States Court of Appeals, Tenth Circuit – INSURANCE – Affirmed dismissal of coverage and bad faith claims, as well as awards of sanctions against plaintiff, finding that plaintiff’s action did not constitute a “direct action” against an insurer for purposes of diversity jurisdiction.
Contact: Richard A. Vazquez

McElroy v. American Family Insurance, United States Court of Appeals, Tenth Circuit – EMPLOYER DEFENSE – Successfully represented employer against claims of sexual harassment, age discrimination, race discrimination, religious discrimination, retaliation and breach of contract.  Summary judgment in favor of employer was upheld on appeal.
Contact:  Maralyn M. English

Milne v. USA Cycling, United States Court of Appeals, Tenth Circuit – FEDERAL CIVIL PROCEDURE, EVIDENCE – Affirming summary judgment in favor of defendant bike race organizers in wrongful death case, finding that federal procedural law rather than Utah procedural law governed summary judgment standard in gross negligence case proceeding in federal district court, and affirmed exclusion of expert affidavit at summary judgment stage as unreliable.
Contact: Richard A. Vazquez

P.J. ex rel. Jensen v. Wagner, United States Court of Appeals, Tenth Circuit – Civil Rights – Immunity. Parents did not have a clearly established constitutional right to direct child’s medical care.
Contact: Andrew M. Morse

Perez v. South Jordan City – PUBLIC EMPLOYER DEFENSE – Successfully represented City in appeal brought by police officer whose employment had been terminated due to his actions during a pursuit as well as the cumulative prior actions resulting in formal discipline.  Termination was affirmed by the Utah Court of Appeals.
Contact:  Maralyn M. English

Pola v. State of Utah, United States Court of Appeals, Tenth Circuit – EMPLOYER DEFENSE – Represented company and company’s management in various claims asserted by a former employee.  The Tenth Circuit affirmed dismissal of the complaint for failure to state a claim.
Contact:  Maralyn M. English

Puttuck v. Gendron, Utah Court of Appeals – Represented home owner in claims asserted by construction company. Utah Court of Appeals affirmed the state court ruling in favor of law firm client.
Contact: Heather S. White

R & R Industrial Park, LLC v Utah Property and Casualty Insurance Guarantee Association, Supreme Court of Utah – INSURANCE – Guaranty Associations. UPCIGA required to guaranty multiple claims and could not offset obligation by amounts recovered from third party insurers.
Contact: Andrew M. Morse

Robinson v. Law Firm – 2016 UT App. 34, 369 P.3d 119, cert. denied, 379 P.3d 1183.  Utah Court of Appeals and Utah Supreme Court affirmed summary judgment in favor of law firm client.
Contact: Keith A. Call

Russell v. Carson, Utah Supreme Court – Oral argument on writ of certiorari. Affirmed court of appeals ruling.
Contact: Heather S. White

Tiscareno v. Anderson, United States Court of Appeals, Tenth Circuit – Background: Operator of licensed day care brought §1983 action against former director of Utah Division of Child and Family Services (DCFS) alleging her due process rights were violated during child abuse investigation and prosecution. The United District Court for the District of Utah, Clark

Contact: Andrew M. Morse

Tiscareno v. Frasier, United States Court of Appeals, Tenth Circuit – Torts 42 USC § 1983 claim. Physician was not liable for malicious prosecution of infant daycare services provider.
Contact: Andrew M. Morse

Trillium USA, Inc. v. Board of County Commissioners of Broward County – 37 P.3d 1093 (Utah 2001).  Utah Supreme Court affirmed dismissal of claim against firm client because claim should have been brought in Florida, not Utah.
Contact: Keith A. Call

Turnbow v. Ogden City, Tenth Circuit Court of Appeals – Defended police department and Ogden City. Obtained favorable outcome.
Contact: Heather S. White

Velarde v. ARUP – EMPLOYER DEFENSE – Represented employer against claim of disability discrimination.  The 10th Circuit upheld summary judgment in favor of the employer.
Contact:  Judith D. Wolferts or Maralyn M. English

Walker v. City of Orem, United States Court of Appeals, Tenth Circuit – CIVIL RIGHTS – Arrest and Detention. Constitutional rights of crime witnesses to not be detained for 90 minutes was not clearly established.
Contact: Andrew M. Morse