Cases
•After the Utah office of a large national law firm mish
led a client's subdivision application for an 8,650-acre ranch near Park City, Utah, causing the client to lose 40% of its valuable density rights, Mike was an instrumental part of the trial team that obtained one of the largest legal malpractice jury verdicts in recent U.S. history. The jury awarded all of the $21.36 million that Michael requested at trial, but assessed 40% comparative fault against the client, thus reducing the award to $12.8 million. The trial court recently awarded an additional $1.46 million for prejudgment interest. 910 Cattle Company v. Stoel Rives, LLP, Case No. Civil No. 100907407, Third District Court, Salt Lake County, Utah.•A medical device manufacturer represented by the Firm was facing a number of mass tort products liability lawsuits
relied upon its insurance company to defend
provide settlements when appropriate to plaintiffs. The insurance company failed to perform as it should have
the Firm sued the insurer for bad faith. The case involved hundreds of thous
s of documents
the team at Ogborn Mihm, LLP was able to obtain a significant settlement for the client.•A managing partner of a small business resigned after just over a year in business because it was not profitable. The remaining partner paid for keeping the business going
took over management of the business. When the business started to cash flow, the partner that resigned returned to allege the remaining partner had mismanaged the business thereby causing losses of over a million dollars. The case was tried in arbitration
no monetary damages were awarded to the partner who resigned
sued.•When the Director of a non-profit organization was defamed
wrongfully terminated from the Board, despite a sizable donation to allow the non-profit to begin construction on a new facility, Mike filed suit for wrongful discharge
defamation. The jury found that the nonprofit Butterfly Pavilion breached a contract with its founder/Director
defamed his character. The jury awarded the Director $400,000 for the breach of contract
$150,000 for defamation of character. The jury also awarded $150,000 in punitive damages, finding that he was defamed with malice. Weissmann v. Butterfly Pavilion.•When a construction company discovered that all of its aluminum forms had been stolen,
reported a claim to its insurance company, the company's insurance carrier denied the claim
refused to reimburse the company for the loss of the forms. Mike brought suit for insurance bad faith. After a jury trial, the insurance carrier was found to have breached the insurance contract in bad faith
the construction company was awarded in excess of $900,000.00.
