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Kristen C. Kiburtz

kristen.kiburtz@chrisjen.com
VCard

257 East 200 South, Suite 1100
Salt Lake City, UT 84111
 

 

Kristen practices in the firm’s appellate, employment, and commercial litigation sections. Before joining the firm, Kristen spent two years with the Utah Supreme Court as a law clerk for the Hon. Jill N. Parrish, gaining invaluable insight into the appellate process. Kristen has been named as a “Rising Star” in appeals in Super Lawyers Magazine (2015, 2016, 2019), and in Utah Business Magazine's "Legal Elite" under "Up & Coming" attorneys for 2020.  Before law school, Kristen had a business background, assisting with proposal support and financial estimates for a defense contractor and assisting a national retailer with Sarbanes-Oxley compliance.  
 


AREAS OF PRACTICE

Appeals

Represents businesses and individuals in appeals at the Utah Supreme Court, Utah Court of Appeals, Tenth Circuit Court of Appeals, and in administrative appeals. Recent representative matters include:

  • Westgate Resorts v. Adel, 2016 UT 2 (authority of arbitration panel to award attorney’s fees under the Utah Uniform Arbitration Act)
  • Velasquez v. Harman-Mont & Theda, Inc., 2014 UT App 6, 318 P.3d 1188 (court upheld the trial court's denial of a defendants' untimely attempt to raise an affirmative defense in a wrongful death case).
  • In re Executive Life Insurance of New York, 2012-05969 (N.Y.A.D. 2013) (scope of immunity of statutory receiver)
  • MPDS Memphis v. State Farm Automobile Ins., No. 11-4416 (6th Cir. 2013) (breach of contract claim against insurer).
  • Berrett v. Albertson’s, Inc., 2012 UT App 371, 293 P.3d 1108 (applicability of peculiar hazard doctrine)
  • Blakely v. USAA Casualty Ins. Co., 633 F.3d 944 (10th Cir. 2011) (representing insured in post-fire claims against insurance company)  

Employment

Kristen represents employers in all types of labor and employment matters. She is experienced in various employment litigation matters, including wage and hour violations, discrimination, sexual harassment, wrongful termination, retaliation, defamation and other employment-related torts, and disability accommodations. 

  • Successful defended several employment discrimination cases in federal court and administrative agencies
  • Obtained dismissal on defamation claim involving employee reference
  • Represented ERISA action filed by plan participants to recover pension benefits
  • Prosecuted and defended preliminary injunction actions seeking to enforce noncompete and nonsolicitation agreements
  • Investigated multiple employment discrimination claims involving Title VII, ADEA, and the ADA

Commercial Litigation

Represents businesses and individuals in commercial disputes. Representative matters include.

  • Assisted in the successful representation of computer manufacturer in breach of contract claims totaling well over two million dollars
  • Counseled LLC regarding whether dissociation of a member violated the automatic stay provision of the U.S. Bankruptcy Code.
  • Represented individuals in claims involving the scope of immunity of a statutory receiver
  • Defended homeowners association in a derivative suit involving claims of breach of fiduciary duty and negligence
  • Defended an electronics manufacturer from claims of alleged trade secret misappropriation and predatory hiring  

EDUCATION

  • University of Utah, J.D., 2009
  • Order of the Coif
  • Utah Law Review Note and Comment Editor and member
  • University of Utah, David Eccles school of Business, 2000, cum laude

 


PUBLICATIONS

  • The Utah Fraudulent Transfer Act: Choosing Whom to Sue, Utah Bar Journal

PROFESSIONAL ASSOCIATIONS & ADMISSIONS

  • Admitted to practice in all Utah state and federal courts
  • Utah State Bar
  • Women Lawyers of Utah

SELECTED RULING & OPINIONS

  • First Interstate Financial LLC v. Savage, 2020 UT App 1, 458 P.3d 1161 (reversal of 12(b)(6) ruling regarding sufficiency of pleading in light of potential statute of limitations defense)
  • Eskamani v. Auto-Owners Insurance Company, 2020 UT App 137, 467 P.3d 542 (reversal of summary judgment on wrongful use of civil proceeding claim)
  • Volk v. Vecchi, 2020 UT App 77, 467 P.3d 872 (affirmance of district court’s ruling involving application and interpretation of Utah’s Common Law Marriage statute)
  • Raser Technologies, Inc v. Morgan Stanley & Co., 2019 UT 44, 449 P.3d 150 (reversal of ruling regarding personal jurisdiction and arguing for adoption of conspiracy theory of personal jurisdiction)
  • Laumalie Ma’oni’oni Free Wesleyan Church of Tonga v. Ma’afu, 2019 UT App 41, 440 P.3d 804 (affirmance of district court’s summary judgment ruling regarding property dispute and interpretation of First Amendment entanglement doctrine)
  • Sprague v. Avalon Care Center, 2019 UT App 107, 446 P.3d 132 (affirmance of 2 million jury verdict where various trial errors alleged)
  • Krahenbuhl v. Cottle Firm, 2018 UT App 138, 427 P.3d 1216 (reversal of district court order ruling that malpractice claim waived attorney client privilege as pertains to successor counsel)
  • Edwards v. Utah’s Johnny Appleseed Inc., 2018 UT App 43, 420 3d 68 (reversal of summary judgment ruling regarding premises liability claim)
     

RECOGNITIONS

  • "Utah Legal Elite" - Up & Coming Attorneys 2020
  • "Rising Stars," Mountain States Super Lawyers 2015 to present
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