Our Cases

Space and confidentiality concerns prohibit us from disclosing all of our successful cases and the clients in those cases, but certain reported cases can be summarized and linked, and some of our non-published cases can be summarized without disclosure of the clients' identities and their confidences. Some of our more notable successes include:

Reported Cases

McLaughlin v. Schenck, 2009 UT 64 -- McLaughlin v. Schenk was an appeal, brought on behalf of our client whom had been terminated from employment with Cookietree Bakeries, a closely-held corporation in which he was a member. The Court reversed the lower court decision against our client, and expanded the duties owed among the shareholders and management of closely-held corporations.

Davencourt at Pilgrim's Landing Homeowners Ass'n v. Davencout at Pilgrim's Landing, L.C., 2009 UT 65 -- Hobbs & Olson, appearing as counsel for Amicus Curiae, the Community Associations Institute, argued for Utah's adoption of Restatement, Third, Property, Section 6.20 (Developer's Duties to the Community) and for the adoption of an implied warranty of workmanlike construction. The Court's opinion did both.

Gurney v. Young, 2008 UT App 343 -- In this case, the Utah Court of Appeals summarily affirmed the lower court's decision to excuse our clients from a real estate purchase contract which was breached by their prospective purchaser; the court also affirmed the lower court's award of all of our requested fees, and awarded us fees on appeal.

Stratton v. JB Oxford Holdings, 2008 UT App 298 -- The Court of Appeals upheld the summary judgment, obtained on behalf of our client, and awarded the firm's fees on appeal, based upon the Court's finding that the appeal was without merit and "frivolous."

Hermansen v. Tasulis, 48 P.3d 235, 241 (Utah 2002) -- This case, involving negligence, misrepresentation and nondisclosure by a real estate agent, arose from a defectively constructed home on inadequate soils. In the case, the Utah Supreme Court significantly limited the economic loss doctrine, which had impaired the rights of economically injured individuals.

Unreported Cases

Compass Cove Owners Ass'n v. Compass Cove Development, L.C. -- a construction defect case, settled favorably for our client the Compass Cove Owners Association, involved numerous defects throughout the project.

Grazer v. Jones -- this case commenced as a defense matter; the contractor sought to recover amounts allegedly owed to our client; we sought an offset for what appeared initially to be some relatively minor defects; further discovery revealed that the defects were extensive, and rendered the house uninhabitable. Following a several day trial, the Davis County judge found in favor of our client, awarding a judgment in excess of 1.8 million dollars.