Litigation

Defends Utah and its Insured Entities

About Litigation

The Litigation Division defends the state and its insured entities in high-stakes lawsuits seeking monetary damages, protecting public resources across Utah. Under its leadership, the division provides experienced representation in complex civil litigation involving employment, civil rights, and tort claims.

Through its Civil Rights, Torts, and Employment sections, the division defends state agencies, school districts, charter schools, and their employees against claims alleging constitutional and statutory violations, catastrophic personal injury, property damage, and employment-related disputes. From safeguarding core constitutional freedoms to resolving complex employment and tort matters, the Litigation Division ensures that taxpayer resources are protected while the state meets its legal obligations.

The division also provides crucial training to state agencies, actively participates in professional legal organizations, and offers assistance at the request of state entities.

With seasoned advocacy and a strong commitment to accountability, the division upholds the rule of law and defends the institutions that serve Utah communities.

2025 Litigation Impact

232

cases closed

34

training hours provided to state agencies and entities

Chouinard v. UTA

A passenger who was injured while moving through a UTA bus claimed the driver was negligent for departing the stop before she was seated and sought approximately $250,000 in damages. At trial, our attorneys successfully challenged the plaintiff’s asserted “industry standard” and presented expert testimony and Utah law establishing that passengers assume the ordinary risks of public transit. The jury agreed and returned a defense verdict, finding UTA was not at fault.

Wood v. UDC

After victims sued multiple state agencies over crimes committed by probationers and parolees—alleging constitutional violations under a “state-created danger” theory—our attorneys prevailed in showing that no clearly established law supported the federal claims. The court dismissed all constitutional claims with prejudice, and the plaintiffs ultimately abandoned their appeal.