Matt Moscon is a partner in our Salt Lake City office and is a member of the Litigation & Dispute Resolution practice. Matt is also part of the Global Energy Industry and Employment & Benefits groups. Matt has a broad litigation practice and has worked on a variety of finance and commercial matters. Chambers & Partners has ranked his practice for eleven consecutive years and concludes simply, “[h]e is an excellent lawyer.” Matt’s practice also has been highlighted by numerous national organizations such as Benchmark Litigation Guide, Best Lawyers, Mountain States Superlawyers, and others. Matt works on many commercial disputes and has developed specific expertise and actual trial experience in the fields noted below.
Matt has overseen a broad array of energy-related litigation matters and advice. 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 need or prudence of environmental upgrades at power plants in several states. Matt frequently litigates the appropriate returns for investor and equity positions as well as the prudence of transfer to clean energy fuel sources pertaining to investor owned utilities. Matt has tried energy cases in multiple states.
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.
For over twenty years, Matt has defended employers, insurers, plans and administrators in ERISA matters. Matt has worked on retirement and welfare benefit matters, and in the latter category has defended multiple Mental Health Parity Act cases. Matt has defended class assertions, including having a class dismissal reported in a national trade publication. Matt has been invited to develop an ERISA survey at the S.J. Quinney College of Law.
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’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 Woodhollow Fire case, when consolidated, was one of the largest cases in the Intermountain West with over 600 plaintiffs. In that dispute, Matt and his team took 16 cases to verdict through a unique Federal arbitration program, after which the remaining cases settled.
Matt has a sophisticated project development practice that has involved both advice and litigation for his clients. For instance, Matt obtained a multimillion-dollar 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 was invited to join the faculty at the S.J. Quinney College of Law at the University of Utah as an adjunct, where he teaches a portfolio course on energy law.
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.
- 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 the areas needed for its customers over objections by local city and county government authorities.
- IHC Health Services v. D&K Management, Inc. – Two trial court rulings and two Utah Supreme Court rulings establishing Utah law on waiver in commercial lease context clearing property for construction of a flagship hospital.
- 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.
- Matt has successfully represented executives and CEO’s of Fortune 500 companies in cases tried to verdicts before the Utah State Tax Commission and Utah Third District Court on numerous tax liability disputes. He has also represented individuals and business owners in disputes over jurisdiction and domicile in tax disputes.
- Montrone v. Sheetmetal Works, et al. – Successfully represented the president and 50% shareholder in buyout and purchase in lieu of distribution case through verdict.
- 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 in Wyoming regarding multiple Montana-located wind farms and avoided-cost pricing for multi-state utility.
*Includes matters handled while at former firms
- 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), 2011–2021
- Listed as a Top Litigator in Utah by Benchmark Litigation, 2014
- Listed in Utah Business Legal Elite, 2004–present