Van Orden v. Caribou County On July 8, 2015, the United States Court of Appeals for the Ninth Circuit issued its second opinion in Van Orden v. Caribou County (Case No. 12-35520), this time affirming the trial court’s denial of Caribou County’s motion for summary judgment on the ground of qualified immunity. Because of the unique nature of qualified immunity defenses, Caribou County was able to appeal Federal District Judge B. Lynn Winmill’s decision before trial, thereby postponing the jury trial in this lawsuit. Interestingly, the three-judge panel hearing Caribou County’s appeal issued its unanimous written decision 21 days after oral argument.
Kranendonk v. Gregory & Swapp, PLLC, 320 P.3d 689 (Utah App. 2014) (reversing summary judgment granted by the trial court in favor of Gregory & Swapp in an attorney malpractice case arising out of a failure to serve process/expired statute of limitations).
Van Orden v. Caribou County, 546 Fed.Appx. 647 (9th Cir. 2013) (reversing trial court’s grant of summary judgment in favor of Caribou County in U.S.C. 1983 action involving a jail detainee’s death).
Carlsen v. Board of Adjustment of City of Smithfield, 287 P.3d 440 (Utah App. 2012) (affirming trial court decision in favor of Mr. Peck’s client in property rights dispute).
Harold Selman, Inc. v. Box Elder County, 251 P.3d 804 (Utah 2011) (reversing Court of Appeals decision and finding in favor of Mr. Peck’s clients in road dispute case).
Mytee Products, Inc. v. Harris Research, Inc., 615 F.Supp.2d 1163 (S.D.Cal. 2009) (denial of summary judgment against opposing party in patent infringement litigation). Case ultimately tried to jury with favorable verdict. See Mytee Products, Inc. v. Harris Research, Inc., 439 Fed.Appx. 882 (C.A.Fed. 2011).
Harris Research, Inc. v. Lydon, 505 F.Supp.2d 1161 (D.Utah 2007) (granting injunction against patent infringer).
Burgess v. Porterfield, 469 S.E.2d 114 (W.Va. 1996).
Jordan v. Ravenswood Aluminum Corp., 455 S.E.2d 561 (W.Va. 1995) (affirming summary judgment in favor of Mr. Peck’s client).
Barney v. Auvil, 466 S.E.2d 801 (W.Va. 1995) (reversing trial court’s denial of motion to amend to add third party complaint in favor of Mr. Peck’s client).
recent case results
On March 10, 2015 at the conclusion of a three-week trial conducted by Peck Hadfield partners Shaun L Peck and Brandon J. Baxter, a Salt Lake County jury determined that the law firm of Craig Swapp & Associates and its former associate lawyer, Eric Highberg, must pay $3.5 million in damages to Ogden resident Jodi Kranendonk. The jury found both the Salt Lake City-based Craig Swapp & Associates and Washington-based Eric Highberg liable for legal malpractice. In addition, the jury found the Swapp firm alone liable for breach of contract, breach of fiduciary duty and negligent hiring and supervision of Mr. Highberg. The verdict closes the latest chapter in Ms. Kranendonk’s nearly 9-year legal fight for reasonable compensation for the debilitating injuries she suffered as a result of being rear-ended in backed-up traffic by two semi-tractor trailers on an Oregon freeway off-ramp in June 2006. An additional hearing on Ms. Kranendonk’s request for attorneys’ fees and costs is scheduled for November 8, 2015.
On April 18, 2015, a three-member arbitration panel awarded Peck Hadfield client Melinda Crandall $2,549,946 in damages against American Family Mutual Insurance Company for the insurance company’s bad faith processing of her underinsured motorist (UIM) insurance claim. Shortly thereafter, the arbitration panel increased the total award to $2,572,039 to account for supplemental costs incurred by Ms. Crandall in the arbitration proceedings. This sum has been paid by American Family, and the case has been closed. Peck Hadfield partner Shaun L Peck represented Ms. Crandall throughout her five-year ordeal to have American Family Mutual Insurance Company pay her claim.
On February 13, 2014, Mr. Peck, along with Brandon Baxter and Matthew Lorz, obtained a reversal of an improper summary judgment in the Utah Court of Appeals in a legal malpractice case against Craig Swapp and Associates arising out of a semi truck accident.
On November 15, 2013, Mr. Peck, along with Brandon Baxter and Shawn Bailey, obtained a reversal of summary judgment in the Ninth Circuit Court of Appeals in a U.S.C. 1983 action against the Caribou County, Idaho Jail arising out of the death of an inmate.
In August, 2014, Mr. Peck and Mr. Bailey, along with Kent Spence and Noah Drew of the Spence Law Firm, settled a substantial case involving excessive force against Twin Falls County, Idaho.
In May 30, 2014, 2014, the United States District Court, District of Utah, Judge Shelby, granted a motion in favor of Mr. Peck’s client preventing American Family Insurance Company’s biomechanical expert, Wilson “Toby” Hayes from testifying concerning general or specific injury causation in an insurance “bad faith” case involving a low speed rear end collision.
2013 Graduate of Gerry Spence’s Trial Lawyer’s College
Named in Utah Business Magazine as one of “Utah’s Legal Elite”
Utah State Courts
U.S. District Court, District of Utah
Wyoming State Courts
U.S. District Court, District of Wyoming
U.S. Circuit Court of Appeals, 9th Circuit
U.S. Circuit Court of Appeals, 10th Circuit
U.S. Circuit Court of Appeals, Federal Circuit
areas of practice
professional associations and memberships
American Association of Justice
Utah Association of Justice
Wyoming State Bar
Cache County Bar Association
BA and MAcc (Tax), Utah State University, 1991
Juris Doctorate, Washington & Lee University School of Law, cum laude, 1994