For more than forty-four years I have concentrated my legal practice in complex business, commercial and real estate civil litigation; trials and appeals in state and federal courts; state and federal regulatory matters; municipal, county, and state land use planning; and condemnation cases throughout the lntermountain West and United States.
First Security Bank v. Banberry Crossing
780 P.2d 1253 (Utah 1989)
Multi-party contract and fraud case that established guidelines for commercial lending practices and elements of business fraud in Utah.
Olympus Hills Shopping Center Ltd. v. Smith's Food & Drug
889 P.2d 445 (Utah Ct. App. 1994)
A widely cited Utah case regarding breach of commercial leases that expanded the implied covenant of good faith and fair dealing.
Robert Winn, et al. v. University of Utah, et al.
Third District Ct., Summit County, Utah, Civ.
No. 0600105 (2000) (unreported decision)
High profile case in Utah employment laws dealing with medical professionals enforcement of their contractual rights, defeating a covenant not to compete, and the implied covenant of good faith and fair dealing.
E BARNEY GESAS LAW OFFICE PLLC
Ranked with U.S. News and The Best Lawyers in America®, Best Law Firms: Tier 3 Ranking in Commercial Litigation and Tier 2 Rankings in Litigation - Land Use & Zoning and Litigation - Real Estate (2014-2017)
The Best Lawyers in America®, Commercial Litigation, Litigation - Land Use & Zoning and Litigation-Real Estate (2012-2018)
The Best Lawyers in America®, Commercial Litigation (2011)
Expert Network Distinguished Lawyer Designation® - Top 3% of United States Lawyers- 2016-2017
AV Rating, Martindale-Hubbell® (Twenty-seven years)
Utah State Bar Award and Certificate of Merit for serving as Special Counsel on ethics and disciplinary matters
Utah Business Magazine Legal Elite, Business Litigation (several editions)
Fellow (Inactive), Litigation Counsel of America
Specific Legal Experience
- Lead counsel for eight years for plaintiffs in The Salt Lake Tribune litigation pending in the United States District Court for the District of Utah and the Tenth Circuit Court of Appeals, representing the McCarthey Family in a high profile and complex case involving the ownership of Utah's largest general circulation newspaper.
- Outside regional counsel for Honda North America and related entities supervising and managing trial counsel and national products liability law firms in prosecution and defense of Honda's ATV product liability and mass tort litigation in over one hundred active cases throughout eleven western states.
- Outside regional counsel for Westinghouse Electric Corporation and CBS Corporation supervising and managing trial counsel and national products liability law firms in a national coordinated joint defense of asbestos and mesothelioma of thousands of mass tort claims' cases throughout the United States.
- Joint defense counsel for Westinghouse Electric Corporation's credit and finance division in the matter of the United States District Court Bankruptcy Trustee for Bonneville Pacific Corporation, Deloitte Touche, et al., involving multiple individuals, local, regional and national law firms and corporate defendants in one of Utah's largest civil financial fraud, RICO and business torts cases involving claims in excess of $100,000,000.00.
- Joint defense counsel for high-profile CEO of Utah publicly traded medical products company, medical doctor, engineer, Ph.D., inventor and patent holder of several cutting-edge medical and pharmaceutical products in multi-count federal grand jury indictment for securities fraud insider trading and income tax evasion. Trial defense resulted in acquittal of all criminal charges.
- Special Assistant Attorney General on behalf of the Utah Department of Transportation in condemnation action involving highway right-of-way acquisition and severance damage issues involving claims in excess of $20,000,000.
- Special counsel to the Utah State Bar in disciplinary proceedings.
- Outside special counsel to the Town of Alta, Utah in various land use and zoning development matters impacting the preservation of Salt Lake City's primary watershed.
- Represented public utility customer class action groups in challenging predatory and discriminatory rate practices and procedures of Utah's three major utilities including natural gas, telephone, and electrical. This representation included participating in lengthy
Utah State Bar Ethics and Disciplinary Committee
Utah State Bar Examinations Committee
Utah State Bar Judges and Courts Committee
Utah State Bar Long Range Planning Committee