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Practice Areas
Litigation, Business Litigation, Business Law, Mass Torts, Class Actions, 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 - current
- 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)
- 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)
Select Reported Cases
- 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)
- Delta Western Group, LLC v. Ruth U. Fertel, Inc., 2000 WL 33710852 (D. Utah)
- 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 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
- Co-Author, "Recent Developments in Automobile Law," 37:2 Tort & Insurance Law Journal 295-322
(Winter 2001)
- "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).
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