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KEVIN J. SIMON, ESQ
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     Mr. Simon obtained his Bachelor’s degree in History in 1994 from the University of California at Los Angeles (UCLA), graduating magna cum laude with membership in two honors societies - Phi Alpha Theta and Pi Gammu Mu. Upon obtaining his undergraduate degree, Mr. Simon scored a 173 (99.4%) on the National Law School Admissions Test (LSAT) and gained admission to the University of California at Berkeley, Boalt Hall School of Law. Mr. Simon graduated from Boalt Hall in 1997 with honors in Contracts, Real Property and Antitrust Law and received the prestigious General S.K. Yee Boalt Hall Scholarship from 1994 through 1997.

     In nearly twenty (20) years of legal practice, Mr. Simon’s professional experience has been extensive, advising on a wide variety of different substantive areas of law such as the Sherman Antitrust Act, Clayton Act, Lanham Act, Worker Adjustment & Retraining Notification Act (WARN), Fair Labor Standards Act (FLSA), the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA), Federal Wiretap Act, Federal RICO Act, and §1983 civil rights actions. Mr. Simon is involved routinely as lead defense counsel in high profile, multimillion dollar litigation in areas including catastrophic personal injury claims, real estate development disputes and complex business litigation at the trial court level and on appeal. His appellate cases, in some instances, have been the subject of law review articles and cited in various federal practice treatises. See e.g. Christy Sports LLC v. Deer Valley Resort Company, 555 F.3d 1188 (10th Cir. 2009)

     He has defended many cases to jury verdict as first and/or second chair successfully and, in some instances, as the only attorney for his client. As just one example, in 2009, Mr. Simon defended a multi-million dollar case through trial for a large corporate client as not only lead counsel, but as the only attorney for his client. Despite almost certain liability against his client and millions of dollars in documented damages, Mr. Simon defended through trial, limiting plaintiff to a $1.00 final judgment. This case was profiled during the Utah Trial Lawyers Association’s (now known as the Utah Association of Justice) 2009 Annual Convention. Through the course of trying cases, Mr. Simon has drafted, opposed and/or argued hundreds of motions in limine addressing a wide array of evidentiary issues such as subsequent remedial measures, collateral impeachment, admissibility of prior criminal convictions and prior litigation, various Rule 403 issues, spoliation of evidence, admissibility of habit and character evidence, collateral source/health insurance contractual write-off issues, Daubert expert qualification and opinion issues, Rule 701 lay opinion issues, Erie Doctrine issues, and virtually every conceivable hearsay related issue.

    Aside from trial work, Mr. Simon has also obtained summary judgment and the Rule 12(b)(6) dismissal of cases on numerous occasions for various clients, implicating many different substantive areas of law such as: federal antitrust issues, enforcement of restrictive covenants, intentional interference with economic relations, breach of contract, various equitable claims, scope of employment/vicarious liability, negligent training, hiring, retention and supervision, gross negligence, negligence per se, punitive damages, pre-injury release/exculpatory agreement issues, no duty issues, innkeeper liability issues, retained control doctrine issues, economic loss doctrine issues, temporary dangerous condition issues, and abnormally dangerous activity/common law strict liability claims. He has also obtained the Rule 12(b)(1) and (2) dismissal of several cases based on lack of federal subject matter jurisdiction and personal jurisdiction respectively, including a recent highly-publicized wrongful death case and has prevailed on dispositive motions before almost every federal district court judge in Utah, including Judges Benson, Campbell, Nuffer, Kimball, and Waddoups in the recent past.

     Mr. Simon is also involved in insurance defense litigation and is named “panel counsel” for several large insurers, while also representing plaintiffs in personal injury matters in select instances. These cases often involve matters serious enough to implicate excess coverage, sometimes even multiple layers of excess coverage in many different industries. He represents commercial general contractors, architects, engineers, and has taken a primary role in the defense of nearly every serious injury case involving Utah’s ski resort industry for many years.

     Mr. Simon, from time to time, also provides legal representation to several prominent business and sporting figures on a variety of different legal issues and has helped form various 501(c)(3) and (c)(6) not-for-profit corporations in Utah. Some clients include the former Chairman of the Board of Columbia Pictures and former Olympic athletes.

Education

University of California, Los Angeles (UCLA), B.A. History 1994, magna cum laude
University of California, Berkeley, Boalt Hall School of Law, J.D. 1997, with honors.

Admissions/Awards/Memberships

Admitted: Utah State Bar; Wyoming State Bar; Federal District Court, District of Utah; Tenth Circuit Court of Appeals.
Voted by peers as one of Utah’s Legal Elite™ for 2007, 2008 and 2009 as published in Utah Business Magazine
Named Mountain States SuperLawyer™, Rising Star, 2009 (only 2.5% of lawyers per jurisdiction (Utah) are named to the Rising Star list)
Named Fellow, Litigation Counsel of America (invitation-only trial lawyer honorary society peer nominated process - less than 1/2 of 1% of American lawyers are members), 2015
Appointed to AM Best’s National List of Recommended Insurance Attorneys for Utah and Wyoming (insurance client nominated process), 2012-2014


Member, American Mensa
Member, Federal Bar Association, Utah Chapter, Litigation Section
Master of the Bench, Aldon J. Anderson Inn of Court
Adjunct Professor, University of Utah S.J. Quinney College of Law


Appointed, American Heart Association Heart Ball Committee, 2013
Appointed Judicial Committee Chairperson, United States Bobsled and Skeleton Federation,
National Governing Body for the Olympic sports of bobsled and skeleton, 2008-2013
Appointed Member, Basin Open Space Advisory Committee (BOSAC), 2011
Appointed by Utah Supreme Court Chief Justice Christine Durham (and approved by the Utah Supreme Court’s Committee on Professionalism) as an NTLA Supervising Mentor to new Utah attorneys under Utah’s revised mandatory Continuing Legal Education reporting guidelines, 2010.
Appointed to the Model Utah Jury Instruction (MUJI) Sub-Committee on the Inherent Risk of Skiing Act, 2012


Elected Board Member/Appointed Executive Comm. Member, Park City Chamber of Commerce/Visitors Bureau, 2009-present (Board Chair, 2012-2013)
Elected Board Member, Ski Utah, 2009-present


 

 

   

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