Phil has been a senior trial attorney since 1981. Although he tends to concentrate on professional liability, product liability, and construction/design professional matters, he also handles complex commercial litigation, including coverage matters and the defense of insurance disputes.
AREAS OF PRACTICE
Professional Liability:
Represents lawyers, architects & engineers, surveyors, insurance agents & brokers, real estate agents, healthcare professionals and accountants and professionals in litigation and licensing/disciplinary matters. Representative matters include:
- Helped refrigeration contractor resolve an allegation of fraud by the Division of Occupational and Professional Licensing with respect to the application for a license, leading to a favorable resolution and issuance of the license
- Obtained defense verdict for Nurse Practitioner in 2-week long jury trial involving allegations of wrongful death due to over-prescription of Lortab
- Represented numerous health care professionals before the Division of Occupational and professional Licensing (DOPL)
- Won defense verdict for psychologist in federal jury trial against claims by patient’s husband for federal wiretap violations
- Obtained many summary judgments and dismissals of claims in favor of lawyers, licensed clinical social workers, pharmacists, nurse practitioners, psychologists, psychiatrists, escrow agents, property inspectors, and other professionals against a wide range of claims (breach of confidentiality, dual relationships, boundary violations, incompetence, etc.)
- Represented Chief Financial Officer of publicly traded corporation in Director & Officer dispute
- Defended numerous insurance agents and brokers in claims of alleged failure to procure coverage, etc.
- Defended surveyor in claim alleging incorrect lot sizes in subdivision
- Obtained summary judgment on behalf of methadone clinic in dispute over terms and conditions of lease
- Obtained dismissals or favorable settlements of several malpractice claim against adoption/family law attorneys
Construction / Design Professional:
Defends contractors and design professionals against personal injury, property damage, and other claims. Representative matters include:
- Represented architect firm in design defect claim involving condominium project in Deer Valley
- Represented design-build team in wrongful death claim
- Represented general contractor in design and construction claims involving high school football field
- Represented designer of power-generation plant in claim alleging harm to livestock
- Represented several subcontractors in various construction defect claims, resulting in favorable settlements and/or summary judgments in wide variety of building project
- Represented the Boards of Directors of HOAs in litigation brought by owners, and in claims brought by the developer
Product Liability Law:
Represents manufacturers, suppliers, and retailers of a wide variety of different products, ranging from earth-moving equipment to consumer goods. Representative matters include:
- Obtained favorable jury verdict for boiler manufacturer in two-month trial involving alleged design and warning defects in circulation and water treatment system
- Won jury trial on behalf of bicycle importer in defective design suit
- Obtained summary judgment for automotive paint supplier against claims of defective paint formulation and application instructions
- Obtained summary judgment in favor of industrial clamp manufacturer of industrial clamps against allegations of design defect leading to severe burns in oil field accident
- Obtained Summary judgment in favor of helicopter manufacturer against claims of defective design and manufacturing of rotor mast in wrongful death case
- Settled, on very favorable terms, a claim against a laser manufacturer in hair removal case alleging burns and permanent nerve damage to the bikini area
- Settled, on very favorable terms, a claim for wrongful death against a window manufacturer in a loading/unloading accident
RECOGNITIONS
- Legacy Award 2012AV rated by Martindale-Hubble
- Best Lawyers in America, 2008 – present
- “Legal Elite,” Utah Business, 2011 – present
- “Super Lawyers,” Personal Injury Defense, Mountain States Super Lawyers (Thomson Reuters), 2009 – present
- Fellow, Litigation Counsel of America
- Strathmore’s Who’s Who
- Professional Liability: Defense list, Mountain States Super Lawyers, 2023
- 2024 “Lawyer of the Year” in Litigation – Insurance in Salt Lake City. Phil is named as the singular top lawyer in this field and jurisdiction this year.
- Featured in the milestone 30th edition of “The Best Lawyers in America” for his exceptional work in Insurance Law, Personal Injury Litigation – Defendants, and Litigation – Insurance
EDUCATION
- Brigham Young University, J.D., cum laude, 1981
- Brigham Young University, B.A., Political Science, summa cum laude, 1978
- Ricks College, A.A., 1977, valedictorian
PROFESSIONAL ASSOCIATIONS & ADMISSIONS
- Admitted to practice in all Utah state and federal courts, U.S. Tenth Circuit Court of Appeals
- Utah State Bar, Litigation Section
- Utah Defense Lawyers Association
- Utah Supreme Court Committee on Writing Plain English Jury Instructions, Civil, 2003 – 2015
- Litigation Counsel of America
- American Bar Association, Litigation and Aviation Sections
- International Association of Defense Counsel
- Defense Research Institute, ADR, Professional Liability, and Trial Tactics Committees
- Utah State Bar Committee on Law and Aging, 1992 – 2007 (Chairman, 1998 – 2000)
- J. Reuben Clark Law Society
- Federal Bar Association
LECTURES AND PUBLICATIONS
- Co-Author, “Punitive Damages Compendium,” Defense Research Institute, 2009
- Presenter, “Practicing Legal Ethics in the Electronic Law Office,” 2008
- Presenter, “State of the Law: Controlled Substances as Used in End-of Life Care,” 2000
- Author, “Ethical Considerations Under the Amended Federal Rules of Civil Procedure,” Utah Bar Journal, 1996
- Presenter, “Practical Legal Ethics in Utah: Issues and Answers,” 1997
- Presenter, “A Practical Guide to Federal Court Rules and Procedure in Utah,” 1996
SELECT RULINGS AND OPINIONS
- Basic Research, LLC v. Admiral Insurance Co., 2013 UT 6, 297 P.3d 578 (interpreting Commercial General Liability policy’s advertising injury coverages and exclusions)
- ClearOne Communications v. National Union Fire Insurance Company of Pittsburgh, 2005 U.S. Dist. LEXIS 26187, aff’d but remanded in part, 494 F.3d 1238 (10th Cir. 2007) (upholding summary judgment, and remanding additional questions to district court for resolution, interpreting D&O liability/rescission of insurance policy)
- Utah Transit Authority v. Liberty Mutual Insurance Co., 2006 WL 2992715 (D. Utah 2006) (granting summary judgment because insured failed to give timely notice of the claim and because insured settled the claim before giving notice to the carrier)
- Advanced Restoration v. Priskos, 2005 UT App 505, 126 P.3d 786 (affirmed summary judgment, interpreting construction repair/lease provisions)
- Utah Power & Light v. Babcock & Wilcox, 795 F. Supp. 1074 (D. Utah 1992) (breach of warranty, design defect)
- First Security Bank v. Banberry Crossing, 780 P.2d 1253 (Utah 1989) (alleged lawyer/trustee malpractice)
- Birkner v. Salt Lake County, 771 P.2d 1053 (Utah 1989) (alleged social worker malpractice)
