Chambers and Partners
"Matt is savvy, wonderfully responsive and inspires a great deal of confidence.”
“He is one of the top lawyers in [the] market.”
Matt Moscon is a partner in our Salt Lake City office and is a trial lawyer in the Litigation & Dispute Resolution practice. Matt also participates in our Employment & Benefits and Global Energy Industry groups. Matt’s litigation practice has received wide praise. For instance, Chambers & Partners has ranked his practice for thirteen consecutive years, and he is one of only eight attorneys in his market receiving their Band 1 recognition. Matt’s practice has been highlighted by numerous other national organizations. The Best Lawyers in America has ranked Matt every year for the past decade and he has been featured in Mountain States Super Lawyers, Utah Business Magazine’s “Legal Elite,” and Benchmark Litigation Guide, among others. Matt works on many commercial disputes and has developed specific expertise and actual trial experience in the fields noted below.
For over twenty years, Matt has defended employers, insurers, plans and administrators in ERISA matters. Matt works on both retirement and welfare benefit matters. Matt regularly defends plans, directors and committee members in cases claiming imprudence in selection, monitoring and implementation of investment strategies and fee disputes. Matt also has defended multiple welfare benefits and Mental Health Parity Act cases, particularly in instances involving denials of benefits and alleged underpayment of benefits.
Matt has a sophisticated project development practice that has involved both advice and litigation for his clients. For instance, Matt obtained a large judgment on behalf of a major pipeline company based on construction related costs for one of the United States’ largest multi-state gas pipelines. Matt represents some of the largest oil and gas producers in the Western United States in litigation and other matters surrounding their production business. In addition, Matt has acted as lead counsel on multiple matters involving utility-owned coal mines, ranging from penalty appeals to wrongful death claims. Finally, Matt has broad experience both advising and litigating disputes surrounding the citing and development of major transmission lines and substations, including but not limited to the Gateway South, Mona-Oquirrh, Populus-Terminal, and Evanston-Silvercreek lines, among others. Matt’s construction and development experience also includes being lead counsel to the joint venture that built Salt Lake City’s light rail system, assisting the developers of the Kimball Junction Shopping Center near Park City, Utah, and being lead counsel in a series of lawsuits surrounding the development and construction of the Eagleridge Tennis and Swim Club, and subsequent landslide that damaged that facility, among others. Matt’s real estate-related litigation has included being lead litigation counsel to the developers of a $500 million hospital complex in Murray, Utah, and representing condemning authorities and landowners in numerous condemnation disputes, including highways, substations, transmission lines and other related issues. For instance, Matt successfully handled a first-of-kind case surrounding the ability of a private utility to condemn state trust lands.
Product Liability Litigation
Matt’s product liability work has included defending manufacturers of masks and respirators, numerous pharmaceutical and medical device manufacturers, makers of electrical products, and several companies alleged to have made asbestos-containing products. Matt tried to complete defense verdict and defended on appeal a significant product case resulting from a large fire in historic downtown Park City, Utah.
Matt has overseen a broad array of energy-related litigation matters. For instance, he has been lead counsel in general rate case and certificate proceedings throughout the Western United States; has litigated deferred accounting and balancing account cases and tried numerous environmental matters concerning the prudence of environmental upgrades at power plants in several states. Matt frequently litigates the propriety and levels of returns for utility investors as well as the prudence of transfer to clean energy fuel sources.
Similarly, Matt has tried PURPA and related cases surrounding must-buy and qualified-facility disputes pertaining to wind farms throughout the West, and has been lead counsel in net-metering and distributed generation disputes.
Matt’s background in energy litigation has made him a frequent courtroom advocate in the growing field of wildfire litigation. Matt has been lead litigation counsel or has acted as a consultant to utilities, investor groups, landowners and lessees pertaining to the Camp Fire, the Solimar Fire, the Woodhollow Fire, the Maria Fire, and the Canal Fire, among others. The consolidated Woodhollow Fire case was one of the largest cases in the Intermountain West with over 600 plaintiffs. In that dispute, Matt and his team took 16 individual cases to verdict through a unique Federal arbitration program, after which the remaining cases settled.
In 2021, Matt was invited to join the faculty at the S.J. Quinney College of Law at the University of Utah as an adjunct professor. He also serves on the Board of Governors for the Salt Lake Chamber.
- In re Jordan School District – Arbitration to divide assets and liabilities of Jordan School District, Utah’s largest school district, with more than $1 billion in assets.
- In re Trireme Energy Development II, LLC; Pryor Caves Wind Project LLC; Mud Springs Wind Project LLC; and Horse Thief Wind Project LLC – Successfully tried to verdict case involving multiple Montana-based wind farms and avoided-cost pricing models for multi-state utility.
- IHC Health Services v. D&K Management, Inc. – Two trial court rulings and two Utah Supreme Court rulings establishing the law of waiver in commercial lease context and clearing property for construction of a flagship hospital.
- Rocky Mountain Power v. Tooele County, Utah – The first case tried to verdict before Utah’s Utility Facility Review Board, establishing a utility’s ability to locate transmission facilities in areas needed for its customers over objections by local city and county government authorities.
- Matt successfully represented the CEO and Vice President of a significant Fortune 500 company in separate cases tried to verdicts before the Utah State Tax Commission and Utah Third District Court on tax liability disputes, prevailing on issues of domicile and jurisdiction.
- US Court of Appeals for the Ninth Circuit
- US Court of Appeals for the Tenth Circuit
- US District Court for the District of Arizona
- US District Court for the District of Utah
- Member, Utah State and American Bar Associations
- Member, International Association of Defense Counsel
- University of Utah College of Law, Adjunct Associate Professor of Law
- Past editor of Voir Dire
- Past member of the Utah State Bar Character and Fitness Review Committee
- And Justice For All, Leadership Committee, 2019–2021
- Board of Governors, Utah Shakespeare Festival, 2012–2020
- Past Board Member, United Way Community Funding Review Board
- Past Board Member, World Joy, Inc. (a charity providing housing, education and health service in Ghana, Africa)
- Included in The Best Lawyers in America (currently: Commercial Litigation, Litigation – Construction), 2012–2023
- Selected as one of “America’s Leading Lawyers for Business” (Utah) by Chambers USA (Litigation: General Commercial), 2011–2023
- Listed as a Top Litigator in Utah by Benchmark Litigation, 2014
- Listed in Utah Business Legal Elite, 2004–present