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Phillip S. Ferguson

phillip.ferguson@chrisjen.com
VCard

257 East 200 South, Suite 1100
Salt Lake City, UT 84111
Phil is a senior trial attorney with 34 years of experience.  Although he tends to concentrate on professional liability, product liability, and construction/design professional matters, he also handles complex commercial litigation, including coverage matters and the defense of insurance disputes.


AREAS OF PRACTICE
Professional Liability:  Represents lawyers, accountants, insurance agents and brokers, real estate professionals, health care and mental health professionals, clinics, surveyors, and other professionals in litigation and licensing/disciplinary matters.  Representative matters include:
 
Helped refrigeration contractor resolve an allegation of fraud by the Division of Occupational and Professional Licensing with respect to the application for a license, leading to a favorable resolution and issuance of the license
Obtained defense verdict for Nurse Practitioner in 2-week long jury trial involving allegations of wrongful death due to over-prescription of Lortab
Represented numerous health care professionals before the Division of Occupational and professional Licensing (DOPL)
Won defense verdict for psychologist in federal jury trial against claims by patient’s husband for federal wiretap violations
Obtained many summary judgments and dismissals of claims in favor of lawyers, licensed clinical social workers, pharmacists, nurse practitioners, psychologists, psychiatrists, escrow agents, property inspectors, and other professionals against a wide range of claims (breach of confidentiality, dual relationships, boundary violations, incompetence, etc.)
Represented Chief Financial Officer of publicly traded corporation in Director & Officer dispute
Defended numerous insurance agents and brokers in claims of alleged failure to procure coverage, etc.
Defended surveyor in claim alleging incorrect lot sizes in subdivision
Obtained summary judgment on behalf of methadone clinic in dispute over terms and conditions of lease
Obtained dismissals or favorable settlements of several malpractice claim against adoption/family law attorneys


Construction / Design Professional:  Defends contractors and design professionals against personal injury, property damage, and other claims.  Representative matters include:
 
Represented architect firm in design defect claim involving condominium project in Deer Valley
Represented design-build team in wrongful death claim
Represented general contractor in design and construction claims involving high school football field
Represented designer of power-generation plant in claim alleging harm to livestock
Represented several subcontractors in various construction defect claims, resulting in favorable settlements and/or summary judgments in wide variety of building project
Represented the Boards of Directors of HOAs in litigation brought by owners, and in claims brought by the developer
 

Product Liability Law:  Represents manufacturers, suppliers, and retailers of a wide variety of different products, ranging from earth-moving equipment to consumer goods. Representative matters include:

Obtained favorable jury verdict for boiler manufacturer in two-month trial involving alleged design and warning defects in circulation and water treatment system
Won jury trial on behalf of bicycle importer in defective design suit
Obtained summary judgment for automotive paint supplier against claims of defective paint formulation and application instructions
Obtained summary judgment in favor of industrial clamp manufacturer of industrial clamps against allegations of design defect leading to severe burns in oil field accident
Obtained Summary judgment in favor of helicopter manufacturer against claims of defective design and manufacturing of rotor mast in wrongful death case
Settled, on very favorable terms, a claim against a laser manufacturer in hair removal case alleging burns and permanent nerve damage to the bikini area
Settled, on very favorable terms, a claim for wrongful death against a window manufacturer in a loading/unloading accident
 
 
RECOGNITIONS
AV rated by Martindale-Hubble
Best Lawyers in America, 2008 – present
“Legal Elite,” Utah Business, 2011 – present
“Super Lawyers,” Personal Injury Defense, Mountain States Super Lawyers (Thomson Reuters), 2009 – present
Fellow, Litigation Counsel of America
Strathmore’s Who’s Who


EDUCATION
Brigham Young University, J.D., cum laude, 1981
Brigham Young University, B.A., Political Science, summa cum laude, 1978
Ricks College, A.A., 1977, valedictorian


PROFESSIONAL ASSOCIATIONS & ADMISSIONS
Admitted to practice in all Utah state and federal courts, U.S. Tenth Circuit Court of Appeals
Utah State Bar, Litigation Section
Utah Defense Lawyers Association
Utah Supreme Court Committee on Writing Plain English Jury Instructions, Civil, 2003 – 2015
Litigation Counsel of America
American Bar Association, Litigation and Aviation Sections
International Association of Defense Counsel
Defense Research Institute, ADR,  Professional Liability, and Trial Tactics Committees
Utah State Bar Committee on Law and Aging, 1992 – 2007 (Chairman, 1998 – 2000)
J. Reuben Clark Law Society
Federal Bar Association
 

LECTURES AND PUBLICATIONS
Co-Author, “Punitive Damages Compendium,” Defense Research Institute, 2009
Presenter, “Practicing Legal Ethics in the Electronic Law Office,” 2008
Presenter, “State of the Law: Controlled Substances as Used in End-of Life Care,” 2000
Author, “Ethical Considerations Under the Amended Federal Rules of Civil Procedure,” Utah Bar Journal, 1996
Presenter, “Practical Legal Ethics in Utah: Issues and Answers,” 1997
Presenter, “A Practical Guide to Federal Court Rules and Procedure in Utah,” 1996


SELECT RULINGS AND OPINIONS
Basic Research, LLC v. Admiral Insurance Co., 2013 UT 6, 297 P.3d 578 (interpreting Commercial General Liability policy’s advertising injury coverages and exclusions)
ClearOne Communications v. National Union Fire Insurance Company of Pittsburgh, 2005 U.S. Dist. LEXIS 26187, aff’d but remanded in part, 494 F.3d 1238 (10th Cir. 2007) (upholding summary judgment, and remanding additional questions to district court for resolution, interpreting D&O liability/rescission of insurance policy)
Utah Transit Authority v. Liberty Mutual Insurance Co., 2006 WL 2992715 (D. Utah 2006) (granting summary judgment because insured failed to give timely notice of the claim and because insured settled the claim before giving notice to the carrier)
Advanced Restoration v. Priskos, 2005 UT App 505, 126 P.3d 786 (affirmed summary judgment, interpreting construction repair/lease provisions)
Utah Power & Light v. Babcock & Wilcox, 795 F. Supp. 1074 (D. Utah 1992) (breach of warranty, design defect)
First Security Bank v. Banberry Crossing, 780 P.2d 1253 (Utah 1989) (alleged lawyer/trustee malpractice)
Birkner v. Salt Lake County, 771 P.2d 1053 (Utah 1989) (alleged social worker malpractice)
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