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 has practiced before state and federal trial courts, appellate courts, and administrative agencies. He is admitted to practice before 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. His energy related work has included trying rate cases and certificate proceedings to verdict before the Utah Public Service Commission and being lead counsel in numerous development, construction and condemnation disputes.

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 and Outlet Mall 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, among others. He 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’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 is currently representing a condemning authority before the Utah Supreme Court in a matter of first impression, defending a ruling that State Trust Lands are subject to condemnation.

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 and only case tried to verdict before Utah’s Utility Facility Review Board, establishing a utility’s ability to locate facilities in the areas needed for its customers over objections by local 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 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 five years.
  • Matt has successfully tried to verdict numerous administrative and regulatory disputes against utilities on a broad array of issues, including two successful trials against the Sierra Club over proposed environmental upgrades at power plants in both Utah and Wyoming.
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Honors

Honors & Activities

Professional Honors & Activities

  • Included in The Best Lawyers in America© (currently: Commercial Litigation, Litigation – Construction), 2012-2020
  • Selected as one of “America’s Leading Lawyers for Business” (Utah) by Chambers USA (Litigation: General Commercial), 2011-2019
  • Listed in Mountain States Super Lawyers® (Business Litigation, Utilities, Eminent Domain), 2012-2019
  • 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, 2004-2016, 2018-2019
  • Member, Utah State and American Bar Associations
  • Member, International Association of Defense Counsel
  • Past editor of Voir Dire
  • Served on the Utah State Bar Character and Fitness Review Committee

Civic Activities

  • Board of Governors, Utah Shakespeare Festival
  • 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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