Experience

The rules are different in appellate courts, and a panel of appellate judges is a unique audience. Zimmerman Booher is a unique law firm that focuses on appeals because we understand those rules and work with them to produce the best possible result for our clients. Our attorneys have the specific skills and experience necessary to maximize your chances of success in the appellate court.

Based in Salt Lake City, our attorneys have handled more than 250 appeals. Our emphasis is in the Utah Supreme Court and the Utah Court of Appeals, but our attorneys have handled appeals in courts across the country, including the United States Supreme Court, the United States Courts of Appeals for the Second, Fourth, Ninth, and Tenth Circuits, the California Supreme Court, the California Court of Appeals, and the Nevada Supreme Court.

Below are just a few examples of oral arguments and briefs that demonstrate our work. Please contact us for additional examples and/or to discuss your case.

 

Representative Cases

  • Gregory & Swapp, PLLC v. Jodi Kranendonk (2018)

    Michael D. Zimmerman and Troy L. Booher – Oral Argument: Troy L. Booher
    Utah Supreme Court vacating a jury award of $2.75 million in noneconomic damages and an award of $1.7 million in attorney fees in a legal malpractice case.

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  • Mounteer Enterprises, Inc. v. HOA for the Colony at White Pine Canyon (2018)

    Troy L. Booher and Beth E. Kennedy – Oral Argument: Troy L. Booher
    Utah Supreme Court vacates jury award of $578,000 and attorney fee award of $326,000 by enforcing an anti-waiver provision in a contract, and awarding appellant attorney fees on remand.

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  • LeGrand Johnson Construction Company v. Celtic Bank Corporation, et al. (2018)

    Troy L. Booher and Beth E. Kennedy – Oral Argument: Troy L. Booher
    Utah Supreme Court vacating various awards of prejudgment interest and attorney fees totaling more than $400,000 under the mechanic’s lien statute.

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  • Jillian Scott v. Bradley Scott (2017)

    Michael D. Zimmerman, Troy L. Booher, and Julie J. Nelson – Oral Argument: Troy L. Booher
    Utah Supreme Court reverses a finding of cohabitation that had vacated a $6,000 per month alimony award and had resulted in a judgment of more than $200,000.

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  • Butt v. State (2017)

    Troy L. Booher and Beth E. Kennedy. Utah Supreme Court vacates conviction for dealing materials harmful to minors because the material was protected by the First Amendment.

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  • In re Abraham Bates (2017)

    Troy L. Booher, Beth E. Kennedy, and Erin B. Hull. Utah Supreme Court affirms lesser attorney sanction imposed by trial court because Office of Professional Conduct failed to meet burden of proof required to impose higher sanction.

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  • Stichting Mayflower Mountain Fonds v. United Park City Mines (2017)

    Troy L. Booher and Clemens A. Landau. Utah Supreme Court affirmed the entry of summary judgment on a claim that a public road had been established in the Nineteenth Century.

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  • USA Power v. Pacificorp (2016)

    Michael D. Zimmerman, Troy L. Booher and Clemens A. Landau. Utah Supreme Court affirmed a judgment notwithstanding the verdict on the ground that there was no evidence that the acts of an attorney caused any harm to the former client.

    Read

  • Benda v. Catholic Diocese of Salt Lake City (2016)

    Troy L. Booher and Beth E. Kennedy. Utah Supreme Court reverses dismissal of parents’ lawsuit and adopts a cause of action for loss of filial consortium.

    Read

  • Meinhard v. State (2016)

    Troy L. Booher and Beth E. Kennedy. Utah Supreme Court reverses denial of post-conviction DNA testing of crime scene evidence.

    Read

  • Gordon v. State (2016)

    Troy L. Booher and Beth E. Kennedy. Utah Supreme Court reverses denial of post-conviction DNA testing of crime scene evidence.

    Read

  • Helf v. Chevron (2015)

    Troy L. Booher and Clemens A. Landau. Utah Supreme Court reverses summary judgment dismissing employee’s tort claim against Chevron based upon an industrial accident and interpreting Utah’s Worker’s Compensation Act.

    Read

  • Robinson v. Taylor (2015)

    Michael D. Zimmerman, Troy L. Booher and Julie J. Nelson. Utah Supreme Court vacates medical malpractice verdict because evidence of prior criminal convention was inadmissible under rules 608 and 609.

    Read

  • Simmons Media Group v. Waykar (2014)

    Troy L. Booher and Beth E. Kennedy. Utah Court of Appeals affirms judgment declaring breach of a option agreement in an outdoor advertising lease and awarding lost profits damages.

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  • State v. Charles (2011)

    Troy L. Booher convinces court to reverse murder conviction based upon trial counsel’s ineffective assistance.

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  • Egbert v. Nissan Motor Co. (2010)

    Michael D. Zimmerman and Troy L. Booher answering certified question in requiring apportionment of fault in crashworthiness cases and rejecting constitutional challenge to comparative fault statute.

  • State v. Clopten (2009)

    Michael D. Zimmerman and Troy L. Booher convince court to reverse murder conviction on the grounds that trial court should have allowed expert testimony on the reliability of eyewitness identifications.

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