Kevin J. Simon obtained his Bachelor’s degree in History in 1994 from the University of California at Los Angeles (UCLA), graduating magna cum laude, and obtained his J.D. from the University of California at Berkeley, Boalt Hall School of Law in 1997 with honors in Contracts, Real Property and Antitrust Law, receiving the General S.K. Yee Boalt Hall Scholarship from 1994 through 1997. He is licensed to practice in all Utah state and federal courts and before the United States Court of Appeals for the Tenth Circuit.
In nearly twenty (20) years of legal practice, Mr. Simon’s professional experience has been extensive, advising on a wide variety of different substantive areas of law such as the Sherman Antitrust Act, Clayton Act, Lanham Act, Worker Adjustment & Retraining Notification Act (WARN), Fair Labor Standards Act (FLSA), the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA), Federal Wiretap Act, Federal RICO Act, and §1983 civil rights actions. Mr. Simon is involved routinely as lead defense counsel in high profile, multimillion dollar litigation in areas including catastrophic personal injury claims, real estate development disputes and complex business litigation. He has been recognized as one of Utah’s “Legal Elite” on several occasions and as a Mountain States Super Lawyer as well. He is also listed nationally in AM Best’s directory of recommended insurance defense attorneys and is a Master of the Bench in the Aldon J. Anderson Inn of Court.
He has defended many cases to jury verdict as first and/or second chair successfully and, in some instances, as the only attorney for his client. As just one example, Mr. Simon defended a multi-million dollar case through trial for a large corporate client as not only lead counsel, but as the only attorney for his client. Despite almost certain liability against his client and millions of dollars in documented damages, Mr. Simon defended through trial, limiting plaintiff to a $1.00 final judgment. This case was profiled during the Utah Trial Lawyers Association’s (now known as the Utah Association of Justice) Annual Convention. Through the course of trying cases, Mr. Simon has drafted, opposed and/or argued hundreds of motions in limine addressing a wide array of evidentiary issues such as subsequent remedial measures, collateral impeachment, admissibility of prior criminal convictions and prior litigation, various Rule 403 issues, spoliation of evidence, admissibility of habit and character evidence, collateral source/health insurance contractual writeoff issues, Daubert expert qualification and opinion issues, Rule 701 lay opinion issues, Erie Doctrine issues, and virtually every conceivable hearsay related issue.
Aside from trial work, Mr. Simon has also obtained summary judgment and the Rule 12(b)(6) dismissal of cases on numerous occasions for various clients, implicating many different substantive areas of law such as: federal antitrust issues, enforcement of restrictive covenants, intentional interference with economic relations, breach of contract, various equitable claims, scope of employment/vicarious liability, negligent training, hiring, retention and supervision, gross negligence, negligence per se, punitive damages, pre-injury release/exculpatory agreement issues, no duty issues, retained control doctrine issues, economic loss doctrine issues, temporary unsafe condition issues, and abnormally dangerous activity/common law strict liability claims. He has also obtained the Rule 12(b)(1) and (2) dismissal of several cases based on lack of federal subject matter jurisdiction and personal jurisdiction respectively, including a recent highly-publicized wrongful death case and has prevailed on dispositive motions before almost every federal district court judge in Utah.