Mitchell A. Stephens

Location: Salt Lake City, Utah
Phone: 801-363-6363
Mitchell A. Stephens

Rated by Super Lawyers

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Mitchell A. Stephens focuses his practice on litigation and has successfully represented numerous clients in both state and federal courts.

When representing plaintiffs, Mitch has recovered tens of millions of dollars for his clients.  His successes include a jury award of over $24 million in a commercial contract and tortious interference dispute.  Recently, he obtained a $8.5 million settlement from a national insurer after its wrongful denial of coverage.  He also has helped his clients recover millions of dollars in MLM / network marketing disputes, eminent domain actions, and trust and estate disputes.

When representing defendants, Mitch has litigated multiple high-stakes claims.  His successes include a multi-week arbitration trial where the plaintiff asserted commercial contract and fiduciary duty claims and sought more than $36 million.  The final arbitration award was the dismissal of the plaintiffs’ claims with prejudice and no damages awarded.  In a different matter, Mitch represented the defendant in a bench trial where the plaintiff asserted contract and fraud claims in excess of $1.8 million.  Again, the result was dismissal of the plaintiff’s claims, with no damages awarded.  Mitch frequently defends clients accused of violating non-compete or non-solicit provisions.  He also represents law firms that have been accused of malpractice or other misconduct.

Although the majority of Mitch’s practice is in the trial courts, he also has expertise and considerable experience in the appellate courts.  He successfully has handled cases before the Utah Supreme Court, the Utah Court of Appeals, and the United States Court of Appeals for the Tenth Circuit.

Before joining James Dodge Russell & Stephens, P.C., Mitch served as a Law Clerk to the Honorable Carolyn B. McHugh of the Utah Court of Appeals.  He graduated from the University of Utah’s S.J. Quinney College of Law in 2007 with Highest Honors.

 

Published Cases:

  • HealthBanc Int’l, LLC v. Synergy Worldwide, Inc., 2018 UT 61, 435 P.3d 193 (successful appeal of certified question from the D. Utah expanding application of the economic loss rule).
  • Xyngular v. Schenkel, 890 F.3d 868 (10th 2018) (successful defense on appeal of dispositive sanctions and award of attorney fees against the opposing party).
  • Salvo Guns, LLC v. SilencerCo, LLC, 295 F. Supp. 3d 1250 (D. Utah 2017) (successful defense of opposing party’s efforts to obtain summary judgment dismissing client’s trademark infringement claims).
  • Mower v. Nibley, 2016 UT App 174, 382 P.3d 614 (successful defense on appeal of the dismissal of claims asserted against international defendant).
  • AFP West v. Cox, 528 B.R. 446 (D. Utah 2015) (obtained confirmation that corporate bankruptcy did not discharge primary shareholder’s personal guaranty).
  • Aspen Specialty Ins. Co. v. Utah Local Governments Trust, 954 F. Supp. 2d 1311 (D. Utah 2013) (obtained summary judgment affirming insurer’s duty to defend claims asserted against the insured).
  • Bear Hollow Restoration, LLC v. Public Service Comm’n of Utah, 2012 UT 18, 274 P.3d 956 (successful defense of order that clients were exempt from public regulation by the Public Service Commission).

Prior Employment

  • Honorable Carolyn B. McHugh of the Utah Court of Appeals, Law Clerk

Education

  • University of Utah, S.J. Quinney College of Law
    • J.D. – 2007
    • Highest Honors
    • Order of the Coif
    • William H. Leary Scholar
    • Law Review
  • Utah Valley University
    • B.S. – 2004
    • Major: Business Management
    • Magna Cum Laude

Bar Admissions

  • United States Supreme Court
  • United States Court of Appeals for the Tenth Circuit
  • United States District Court, District of Utah
  • Utah Supreme Court