D. Matthew Moscon

D. Matthew Moscon

Salt Lake City, UT

About Matt

Matt Moscon is a litigation partner of Stoel Rives. He is past managing partner of the firm’s Salt Lake City office, past chair of the firm-wide Litigation practice group and also headed our Products Liability and Toxic Torts section. 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 also frequently appears before the Utah State Public Service Commission. Matt has a general litigation practice, though he has particular expertise in representing regulated industries in energy, regulatory, ERISA and land use disputes.

Energy Law

Matt has overseen a broad array of energy-related litigation. 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.

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 and landowners and lessees pertaining to the Camp Fire, the Solimar Fire, the Woodhollow Fire, the Maria Fire, the Canal Fire, and the Dixie Fire, among others. The Woodhollow Fire case, when filed, was one of the largest cases in Utah 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 were settled.

Pipelines, Transmission Lines and Coal Mines

Matt obtained a multimillion-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.

Based upon this field of work, 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 each spring on aspects of litigating cases based on energy 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.

Construction and Real Estate Projects

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.

ERISA Litigation

Matt’s litigation experience also has led to significant work for other companies in regulated industries such as healthcare and insurance companies. Matt has defended numerous insurers, plans and administrators in ERISA matters, including multiple Mental Health Parity Act cases claiming improperly denied benefits. Matt has worked on class defenses and had cases noted in national publications in this field.

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  • 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.
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Honors & Activities

Professional Honors & Activities

  • Included in The Best Lawyers in America® (currently: Commercial Litigation, Litigation – Construction), 2012–2022
  • Selected as one of “America’s Leading Lawyers for Business” (Utah) by Chambers USA (Litigation: General Commercial), 2011–2021
  • Listed in Mountain States Super Lawyers® (Business Litigation, Utilities, Eminent Domain), 2012–2021
  • 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

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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