Litigation

Our trial and appellate lawyers at Durham Jones & Pinegar are well recognized for obtaining successful results in our clients’ various legal matters. We have tried cases successfully to verdict or judgment throughout Utah and Nevada federal and state courts and in several other jurisdictions, and we have handled numerous appeals in federal and state courts.

What We Do

When we appear in a case, our opponents know that they are facing an adversary with the experience and willingness to see the matter through to a successful conclusion. Everything we do is driven by a pragmatic philosophy of obtaining optimum results for our clients, while assisting them in evaluating litigation costs, benefits and risks. We employ alternative dispute resolution techniques in circumstances that are appropriate and recommend settlement when it is in our clients’ best interests. We believe that the best litigation results—whether achieved in the courtroom or at the bargaining table—occur where lawyer and client presume that we will try the case to its final conclusion. Our trial-oriented approach to litigation is made possible by our successful team of senior trial attorneys and our exceptional commitment to training young litigators. Our trial and appellate attorneys are admitted to practice in federal and state courts in Utah, federal and state courts in several other states, various United States Circuit Courts of Appeals and the U.S. Supreme Court. We also represent clients in administrative proceedings involving government agencies at the federal and state levels. Many of our attorneys have worked as judicial clerks in trial and appellate courts throughout the United States. Trial and appellate lawyers in the firm’s offices have successfully tried cases to verdict, judgment or appellate decision in virtually every substantive legal area and business segment, highlighted by the specific practice areas below.

Appeals

Click “Appeals” to view our Appeals practice group page.

We have experienced appellate lawyers who are familiar with the unique nuances of effective appellate advocacy in state and federal appellate courts, from case review and strategy to brief-writing to oral argument. Our appellate advocates have prevailed in many dozens of appeals. For more details about our appellate expertise, please see the Appeals Group page.

Banking & Finance Litigation

Our trial lawyers have handled hundreds of lawsuits for and against banks, other financial institutions, funds and private lenders. We have tried virtually every type of banking dispute, including lender-liability actions, suits by loan participants, actions arising out of letters of credit and other forms of commercial paper, commercial and residential foreclosure actions and loan fraud matters.

Bankruptcy Litigation

For more details about our expertise in bankruptcy and creditors’ rights, please see the Bankruptcy Section page.

Commercial Litigation

Our trial attorneys are valued for their experience and sound judgment in handling complex commercial litigation matters. We offer quality and depth of experience across all disciplines in an array of business disputes.

Construction Litigation

Our trial lawyers have the depth and skill to handle litigation and arbitration of complex construction disputes. We pursue and defend all varieties of construction claims on behalf of owners, developers, contractors, subcontractors, material suppliers, manufacturers, construction managers, design professionals, risk insurers, and sureties.

Dispute Resolution

Click “Dispute Resolution” to view our Dispute Resolution practice group page.

Employment Litigation

Our employment lawyers manage all forms of employment-related litigation, including cases involving ERISA fiduciary duties, executive termination, employment discrimination, employee fraud and unpaid compensation. We have obtained a number of significant court victories representing either former employers or employees in employment disputes that involve claims to enforce restrictive employment covenants (noncompetes, nondisclosure agreements, and employee nonsolicitation covenants), claims for theft of trade secrets, computer system cyberterrorism claims and other related claims, whether at trial or in pretrial proceedings for injunctive relief. In addition to handling employment litigation matters, we are often engaged to provide employer guidance regarding employee misconduct and fraud, and to assist clients in developing optimum policies for avoiding employment-related issues and in strategically avoiding litigation. We advise employers and boards regarding terminations with and without cause, forfeited benefits and disciplinary actions.

Family Law

For more details about our family law expertise, please see the Family Law Practice Group page.

Intellectual Property Litigation

We have an experienced team of trial lawyers who handle all aspects of intellectual property disputes involving patents, trademarks, copyrights, trade secrets and other intellectual property. We frequently assist clients in issues regarding technology, the Internet, and eCommerce, such as cyber-squatting, cyber-terrorism, business interference, licensing, unfair competition and other disputes relating to technology rights. On behalf of both plaintiffs and defendants, our IP litigators have handled numerous trials, as well as TRO and preliminary injunction proceedings, involving intellectual property. The members of our dedicated Intellectual Property Law Group have extensive technological training and experience, and many are Registered Patent Attorneys licensed to practice before the U.S. Patent & Trademark Office.

Real Estate & Water Litigation

Our trial lawyers have experience in handling a range of real estate disputes, including mechanic’s liens, boundary disputes, adverse possession, wrongful lien, partition, eminent domain, zoning, land use planning, foreclosure and water rights. We have handled numerous landlord-tenant disputes, including claims for unlawful detainer (by landlords) and forcible detainer (by tenants), and other disagreements over commercial, industrial, retail, office and residential leases.

Trust and Estate Litigation

We have multiple lawyers who specialize in trust and estate litigation, including beneficiary claims, will contests, will and trust validity disputes, trust reformation, trustee representation, accounting of trust finances, breach of fiduciary duty claims, claims of trust mismanagement and misappropriation, and family disputes.