D. Matthew Moscon

D. Matthew Moscon

Partner
Salt Lake City, UT
Overview

About Matt

Matt Moscon is managing partner of the firm’s Salt Lake City office. He is past chair of the firm-wide Litigation practice group and of the Products Liability and Toxic Torts section in that group. Matt practices before state and federal trial courts, appellate courts, and administrative agencies. He is admitted to practice before all Utah state and federal courts, the Federal District Court of Arizona, and the Ninth and Tenth circuits of the United States Court of Appeals. Matt is also admitted to practice before the United States Tax Court and frequently appears before the Utah State Public Service Commission. Matt has a general litigation practice, though he has particular expertise in energy, regulatory and land use disputes.

Matt has been involved in a broad array of energy-related matters. For instance, he has been lead counsel in general rate case proceedings in Idaho, Utah, and Wyoming; has tried certificate proceedings in Utah and Wyoming; has litigated deferred accounting and balancing account cases for utilities in Utah and Wyoming; and tried numerous environmental matters surrounding the need or prudence of environmental upgrades at power plants in both Utah and Wyoming.

In addition, Matt has tried PURPA and related cases surrounding must-buy and qualified-facility disputes pertaining to wind farms in Montana and Wyoming, and has been lead counsel in net-metering and distributed generation disputes in Utah.

Matt has been lead litigation counsel or has acted as a consultant to utilities and investor groups pertaining to wildfires allegedly caused by utilities, including the Camp Fire, the Solimar Fire, the Woodhollow Fire, and the Maria Fire.

Matt obtained a multi-million-dollar judgment on behalf of a major pipeline company based on construction related costs for one of America’s largest natural gas pipelines. Matt has acted as lead counsel on several 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, including but not limited to the Mona-Oquirrh, Populus-Terminal, Gateway South, and Evanston-Silvercreek lines, among others.

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.

His construction and development experience 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, power lines and other related issues. For instance, Matt successfully handled a first-of-kind case surrounding the ability of a utility to condemn state trust lands.

Matt was formerly an associate at Van Cott, Bagley, Cornwall & McCarthy (1994–1998), and a law clerk to Chief Justice Christine M. Durham, Utah Supreme Court (1994–1995).

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Experience

Experience

  • Allen, et al.v. Rocky Mountain Power – Lead counsel to the utility in a 300-party case surrounding a 46,000-acre wildfire in central Utah.
  • 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. Matt is admitted to practice before the United States Tax Court and has successfully tried four tax cases to verdict within the past eight years.
  • Matt has successfully tried to verdict numerous administrative and regulatory disputes representing utilities on a broad array of issues, including successful trials over proposed environmental upgrades at power plants in Utah and Wyoming; acquisition of major capital infrastructure in Utah and Nevada; and similar regulatory litigation.
  • Montrone v. Sheetmetal Works, et al. – Successfully represented the president and 50% shareholder in buyout and purchase in lieu of distribution case through verdict.
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Honors

Honors & Activities

Professional Honors & Activities

  • Included in The Best Lawyers in America© (currently: Commercial Litigation, Litigation – Construction), 2012–2021
  • Selected as one of “America’s Leading Lawyers for Business” (Utah) by Chambers USA (Litigation: General Commercial), 2011–2020
  • Listed in Mountain States Super Lawyers® (Business Litigation, Utilities, Eminent Domain), 2012–2020
  • Listed as a Top Litigator in Utah by Benchmark Litigation, 2014
  • A/V Preeminent Peer Review Rated with Martindale-Hubbell®
  • Listed in Utah Business Legal Elite, 2004–present
  • Member, Utah State and American Bar Associations
  • Member, International Association of Defense Counsel
  • University of Utah College of Law, Adjunct Professor of Energy Law
  • Past editor of Voir Dire
  • Served on the Utah State Bar Character and Fitness Review Committee

Civic Activities

  • And Justice For All, Leadership Committee, 2019–present
  • Board of Governors, Utah Shakespeare Festival, 2012–2020
  • Past Board Member, United Way Community Funding Review Board and Past Board Member, World Joy, Inc. (a charity providing housing, education and health service in Ghana, Africa)
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Insights & Presentations

Insights & Presentations

  • “Loss of Chance Recovery After Seale v Gowans,” Voir Dire, 1998
  • Judgment Enforcement (coauthor), Lorman Education Services, 1997
  • “Preexisting Conditions and Workers Compensation Benefits,” Utah Law Review, 1993



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