7/15/2019
RQN attorneys Matthew Evans and Matthew Cannon recently obtained a favorable outcome before the Utah Supreme Court in Biesele v. Mattena.
This trust and estates case was tried before a jury in 2017. RQN prevailed at trial. The jury awarded all damages requested as well as punitive damages. The Court awarded significant attorneys’ fees after the trial. The other side appealed. The Utah Supreme Court upheld the trial court’s decision in its entirety holding: (1) if a party desires to apportion fault under the Liability Reform Act (LRA), that party must timely request apportionment by the fact-finder, otherwise joint and several liability may apply; (2) attorneys’ fees and costs cannot be apportioned under the LRA; (3) whether or not to bifurcate a trial for punitive damages is within the discretion of the trial court; and (4) the amount of the punitive damages award was appropriate given the award of all of the damages requested.
Matthew Evans and Matthew Cannon are experienced litigators who diligently represent clients in a variety of complex litigation matters, including trust and estates litigation and appeals. These attorneys are part of RQN’s talented litigation team and are among the top litigators in the state. We congratulate them on a job well done.