Attorney Brent Gordon's Legal Cases

Administrative law

Gordon v. Nostrom, Utah Supreme Court Opinion (2024)

Jun 27, 2024

OUTCOME: Resolved on appeal

Represented the appellant in a Utah Supreme Court appeal arising from a dispute over public-records access under the Utah Government Records Access and Management Act (GRAMA). The appeal challenged the ... district court’s dismissal of a suit seeking to compel a municipal defendant to permit inspection of public records free of charge without first exhausting administrative remedies. The Supreme Court affirmed the dismissal, holding that the appellant lacked statutory standing under GRAMA and that the challenged injunction provision did not itself create a private right of action, and therefore the lower court properly dismissed the case for lack of jurisdiction.

Civil rights

Gordon v. Jordan School District - U.S. Circuit Court of Appeals for the Tenth Circuit (2023)

Oct 02, 2023

OUTCOME: Appeal to the Tenth Circuit Court of Appeals followed by a settlement after appeal

Served as appellate counsel in an appeal before the United States Court of Appeals for the Tenth Circuit arising from a putative class action against a public school district. The appeal focused on whe ... ther the district court had properly denied class certification and applied the correct legal standards under Federal Rule of Civil Procedure 23. The Tenth Circuit held that the district court’s class-certification analysis was legally deficient, vacated the denial of class certification, and remanded the case for further proceedings, directing the district court to conduct a renewed and proper Rule 23 analysis consistent with governing precedent. The decision provided important guidance on the requirements for class certification and reinforced the obligation of district courts to rigorously analyze Rule 23 factors before denying class treatment. The Title IX lawsuit was litigated in federal court against several high school districts on behalf of high school girls. The federal judge found that the high schools violated Title IX by not providing equal athletic opportunities for girls. The federal court held a three week trial to determine how to remedy the school district's Title IX violation.

Insurance

Pena v. Viking Ins. Co. of Wis., Idaho Supreme Court (2022)

Jan 02, 2022

OUTCOME: Decision invalidating setoff provisions in minimum limits UIM policies

As plaintiff’s counsel in Pena v. Viking Insurance Company of Wisconsin, I successfully represented Erick Pena in a landmark Idaho Supreme Court appeal addressing the enforceability of underinsured mot ... orist (UIM) coverage in auto insurance policies. Mr. Pena had purchased an automobile insurance policy from Viking that included UIM coverage at the statutory minimum limits ($25,000/$50,000) and separately paid premiums for that coverage. After sustaining serious injuries in a collision with an underinsured driver, Viking denied his UIM claim based on restrictive policy definitions and offset provisions that effectively eliminated any meaningful coverage. On appeal, the Idaho Supreme Court reversed the district court’s grant of summary judgment for Viking, holding that the UIM coverage in the policy was illusory as a matter of law—i.e., the policy’s definitions and offsets rendered the coverage virtually unusable despite Pena’s payment of premiums. The Court concluded that minimum-limits UIM coverage must provide substantive protection beyond the statutory liability minimums or it violates public policy. The Court vacated the lower court judgment and remanded with directions to enter judgment for Mr. Pena on his declaratory judgment claim, reinforcing the principle that insurance contracts must deliver the coverage for which insureds pay. The decision has led to the recovery of millions of dollars of insurance benefits for Idaho consumers.

Personal injury

Amicus in Harris v. Shopko Stores, Inc. - Utah Supreme Court (2013)

Jun 14, 2013

OUTCOME: Remanded after appeal

Served as amicus counsel for the plaintiff in an appeal to the Utah Supreme Court arising from a negligence case in which a display chair collapsed and injured the plaintiff. The Court addressed whethe ... r a jury should be instructed to apportion damages between harm caused by the defendant and that attributable to the plaintiff’s preexisting conditions, reaffirming that a defendant is liable only for damages proximately caused by its negligence and that apportionment instructions require a sufficient evidentiary basis; although it rejected a bright-line rule about symptomatic conditions, the Court affirmed the remand for a new trial because the evidence did not support non-arbitrary apportionment.

Car accident

Hansen v. Roberts - Idaho Supreme Court (2013)

Apr 16, 2013

OUTCOME: Resolved on appeal

Represented the plaintiff-appellant in an appeal to the Idaho Supreme Court arising from a motor-vehicle collision case in which the plaintiff sought damages for personal injuries and the defendant cou ... nterclaimed for property damage. At trial, a jury found the plaintiff predominantly at fault and awarded the defendant damages for vehicle damage. On appeal, the plaintiff challenged several evidentiary and trial rulings, including the district court’s decision to allow the defendant’s expert testimony and its rulings on deposition objections and juror questioning limitations. The Idaho Supreme Court affirmed the district court’s judgment, concluding that the evidentiary rulings and trial court decisions were within its discretion and that no reversible error had been shown.

Insurance

Brooksby v. GEICO - Idaho Supreme Court (2012)

Sep 17, 2012

OUTCOME: Resolved on appeal

Represented the plaintiffs on appeal in Brooksby v. GEICO before the Idaho Supreme Court, arising from a declaratory judgment action against an automobile liability insurer following injuries sustained ... in a single-vehicle accident. The plaintiff sought to establish coverage under the policy despite a household-exclusion clause. The Court affirmed the district court’s dismissal, holding that the plaintiff lacked standing to sue the insurer directly, reaffirming Idaho’s rule that an injured third party cannot pursue declaratory relief against a tortfeasor’s insurer absent statutory or contractual authorization and that the Uniform Declaratory Judgment Act does not confer such standing.

Personal injury

Diet Drugs Prods. Liab. v. Farr - U.S. Court of Appeals for the Third Circuit (2011)

Nov 14, 2011

OUTCOME: Resolved on appeal

Represented the plaintiffs in an appeal before the Third Circuit arising from the nationwide multidistrict diet drug products-liability litigation involving prescription appetite-suppressant drugs link ... ed to serious medical conditions. The appeal addressed whether a class member was bound by the nationwide class action settlement and its related pretrial orders limiting tort claims against Wyeth, and the Third Circuit affirmed the district court’s ruling that the settlement terms were binding on the appellant and that the settlement-related proceedings and obligations were valid under the governing procedural framework.

Personal injury

Amicus in Gudmondson v. Del Ozone - Utah Supreme Court (2010)

May 14, 2010

OUTCOME: Reversed and remanded

Filed an amicus brief on appeal before the Utah Supreme Court in a products liability and negligence case arising from alleged ozone exposure at a former workplace. The plaintiff sought to hold third-p ... arty manufacturers and suppliers responsible for her injuries, and the appeal challenged the district court’s grant of summary judgment based on collateral estoppel and other grounds. The Utah Supreme Court reversed the summary judgment, holding that the lower court erred in applying collateral estoppel from a workers’ compensation adjudication to bar the plaintiff’s civil claims against third parties and that genuine issues of material fact remained regarding causation and product design, warranting further proceedings. The decision clarified the limited role of collateral estoppel in this context and reinforced the plaintiff’s right to pursue civil remedies against potentially negligent defendants.

Personal injury

Hansen v. City of Pocatello - Idaho Supreme Court (2008)

May 07, 2008

OUTCOME: Resolved on appeal

Represented the plaintiff-appellant in an appeal to the Idaho Supreme Court arising from personal injuries sustained when the plaintiff stepped on an unsecured water meter lid on a public sidewalk and ... fell. The City of Pocatello moved for summary judgment, which the district court granted, and the plaintiff appealed, arguing that a jury should decide whether the City was negligent in failing to secure the meter lid. The Idaho Supreme Court affirmed the grant of summary judgment, holding that the undisputed record evidence showed the City acted reasonably, that the plaintiff failed to present evidence raising a genuine issue of material fact on breach or causation, and that the doctrine of res ipsa loquitur did not apply because the City did not have exclusive control over the lid.

Personal injury

Amicus in Barbuto v. Sorenson, Utah Supreme Court (2008)

Feb 01, 2008

OUTCOME: Decision affirming that the exception to the patient-physician privilege is narrow and limited

I served as amicus curiae counsel in Barbuto v. Sorenson, a 2008 decision of the Utah Supreme Court addressing important issues of tort law and civil liability. In that role, I provided the Court with ... independent legal analysis focused on the broader policy and doctrinal implications of the issues presented, beyond the interests of the named parties. My amicus briefing emphasized the practical consequences of the Court’s ruling for injured persons, trial courts, and practitioners across Utah, and sought to assist the Court in evaluating the case within the larger framework of Utah negligence and damages jurisprudence. The arguments advanced by amicus were grounded in Utah precedent, comparative authority from other jurisdictions, and sound public-policy considerations. I have extensive experience in appellate advocacy and complex civil litigation, with a particular focus on personal injury and wrongful death matters, and have frequently addressed issues of statewide importance before Utah courts.

Brent Gordon's Legal Cases (14)

Gordon v. Nostrom, Utah Supreme Court Opinion (2024)

Gordon v. Jordan School District - U.S. Circuit Court of Appeals for the Tenth Circuit (2023)

Pena v. Viking Ins. Co. of Wis., Idaho Supreme Court (2022)

Amicus in Harris v. Shopko Stores, Inc. - Utah Supreme Court (2013)

Hansen v. Roberts - Idaho Supreme Court (2013)

Brooksby v. GEICO - Idaho Supreme Court (2012)

Diet Drugs Prods. Liab. v. Farr - U.S. Court of Appeals for the Third Circuit (2011)

Amicus in Gudmondson v. Del Ozone - Utah Supreme Court (2010)

Hansen v. City of Pocatello - Idaho Supreme Court (2008)

Amicus in Barbuto v. Sorenson, Utah Supreme Court (2008)