Project Development and Construction
Matt has a sophisticated project development practice that involves both advice and litigation. For instance, Matt obtained a large judgment for construction defects related to the development of one of the United States’ largest multi-state gas pipelines. Matt has broad experience advising and litigating disputes pertaining to the 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 works for developers and has been lead counsel in disputes arising from several large multi-family housing developments, including design, construction, and delay claims. 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 projects. For instance, Matt successfully handled a first-of-kind case surrounding the ability of a private utility to condemn state owned trust lands to develop a privately owned transmission line.
ERISA Litigation
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 class action cases claiming imprudence in selection, monitoring and implementation of investment strategies and fee disputes, including recordkeeper and other administrative fees. Recently, Matt successfully argued for summary judgment dismissal of improper selection and excessive fee claims seeking approximately $2 billion in damages from the administrators of one of the largest funds in the United States. He also recently prevailed in a summary judgment argument defending plan sponsors for their delegation of authority to a (3)(38) manager in a case seeking over $96 million in damages. Matt has experience with Taft-Hartley, multi-employer, ESOP and other retirement fund claims. Additionally, Matt has worked on multiple recordkeeper and administrative fees and delegation cases. Finally, Matt has defended multiple welfare benefits and Mental Health Parity Act class actions.
Wildfire Litigation
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, at the time, one of the largest cases in the Intermountain West with over 300 plaintiff groups. 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.
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.
Technology and Innovation
Matt has worked on significant technology, licensing and rights protection cases in software, pharmaceutical sales, pop-up licensing and related technology litigation.
Other Noteworthy Cases
- 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.
- 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.
- In re Jordan School District – Arbitration to divide assets and liabilities of Utah’s largest school district, with more than $1 billion in assets.
- 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.
- Meditab Software v. Pharmacy Software Holdings, et al. – Resolved case following motion practice on numerous licensing and software disputes, including ownership and transferability of intellectual property.
- Suse v. Thompson Reuters Corp., et al. – Case surrounding enforceability of pop-up licensing contracts for global corporation. Achieved settlement following successful motion practice.
