Kirton McConkie lawyers mediate major trust settlement

September 6, 2012
Press Release

Kirton McConkie lawyers R. Willis Orton and Justin W. Starr successfully negotiated on behalf of a personal trust, claims by a former trustee for trustee and attorneys fees charged for the sale of $47 million worth of real property held by the trust. Earlier, the trust had lost before a trial court but had been denied a jury trial on the defense of this claim. Kirton lawyers Alexander Dushku and Michael A. Jensen brought a successful appeal on behalf of the client to the Utah Supreme Court which reversed the trial court’s judgment against Kirton McConkie's client, reasoning it was an error to deny the client’s request for a jury trial. Following remand, Orton and Starr litigated the matter through depositions, selection of expert witnesses, jury trial preparation and, prior to trial, a mediation at which time the parties negotiated a settlement which was $1.8 million less than the trial court had previously ordered the client to pay.