Shaun L Peck, Partner

speck@peckBAXTER.com

 

Shaun L Peck is the founder of Peck Baxter Watkins & Bailey. Mr. Peck represents families and individuals who have been harmed by the actions of other people, corporations, or government actors. Along with his trial team at Peck Baxter Watkins & Bailey, Mr. Peck has obtained multiple seven figure verdicts and settlements in complex injury cases including auto accident, sexual abuse, insurance bad faith, civil rights, and legal malpractice. Mr. Peck is dedicated to making our communities a safer place for our children and families to live, work and play.

Mr. Peck is a graduate of Gerry Spence's trial lawyer's college, and is rated AV Preeminent® by Martindale-Hubbell. This is the highest peer rating standard. This rating signifies that Mr. Peck's peers, both attorneys and judges, rank him at the highest level of professional excellence for his legal knowledge, communication skills and ethical standards. Mr. Peck is a regular presenter on trial topics, and frequently advises other attorneys on litigation and trial issues.  

Significant Cases

Van Orden v. Caribou County:  On July 8, 2015, the United States Court of Appeals for the Ninth Circuit issued its second opinion in Van Orden v. Caribou County (Case No. 12-35520), affirming the trial court's denial of Caribou County's motion for summary judgment on the ground of qualified immunity.  Because of the unique nature of the qualified immunity defenses, Caribou County was able to appeal Federal District Judge B. Lynn Winmill's decision before trial, thereby postponing the jury trial in this lawsuit.  Interestingly, the three-judge panel hearing Caribou County's appeal issued its unanimous decision 21 days after oral argument.

Kranendonk v. Gregory & Swapp, PLLC, 320 P.3d 689 (Utah App. 2014) (reversing summary judgment granted by the trial court in favor of Gregory & Swapp in an attorney malpractice case arising out of a failure to serve process/expired statute of limitations).

Van Orden v. Caribou County, 546 Fed.Appx. 647 (9th Cir. 2013) (reversing trial court's grant of summary judgment in favor of Caribou County in U.S.C. 1983 action involving a jail detainee's death).

Carlsen v. Board of Adjustment of City of Smithfield, 287 P.3d 440 (Utah App. 2012) (affirming trial court decision in favor of Mr. Peck's client in property rights dispute).

Harold Selman, Inc. v. Box Elder County, 251 P.3d 804 (Utah 2011) (reversing Court of Appeals decision and finding in favor of Mr. Peck's clients in road dispute case).

Mytee Products, Inc. v. Harris Research, Inc., 615 F.Supp.2ds 1163 (S.D.Cal. 2009) (denial of summary judgement against opposing party in patent infringement litigation).  Case ultimately tried to jury with favorable verdict.  See Mytee Products, Inc. v. Harris Research, Inc., 339 Fed.Appx. 882 (C.A.Fed. 2011).

Harris Research, Inc. v. Lydon, 505 F.Supp.2d 1161 (D.Utah 2007) (granting injunction against patent infringer)

Recent Case Results

In October, 2015, Mr. Peck obtained a $12.5 million dollar verdict in the case of A.R. v. Northeastern Services, Inc.  

On March 10, 2015 at the conclusion of a three-week trial conducted by PBWB partners Shaun L Peck and Brandon J. Baxter, a Salt Lake County jury determined that the law firm of Craig Swapp & Associates and its former associate lawyer, Eric Highberg, must pay $3.5 million in damages to Ogden resident Jodi Kranendonk.  The jury found both the Salt Lake City-based Craig Swapp& Associates and Washington-based attorney, Eric Highberg, liable for legal malpractice.  In addition, the jury found the Swapp firm alone liable for breach of contract, breach of fiduciary duty and negligent hiring and supervision of Highberg.  The verdict closes the latest chapter in Ms. Kranendonk's nearly 9-year legal fight for reasonable compensation for the debilitating injuries she suffered as a result of being rear-ended by two semi-tractor trailers on an Oregon freeway off-ramp in June 2006.

On April 18, 2015, a three-member arbitration panel awarded PBWB client Melinda Cradnall $2,549,946 in damages against American Family Mutual Insurance Company for the insurance company's bad faith processing of her underinsured motorist (UIM) insurance claim.  Shortly thereafter, the arbitration panel increased the total award to $2,572039 to account for supplemental costs incurred by Ms. Crandall in the arbitration proceedings.  This sum has been paid by American Family, and the case has been closed.  PBWB partner Shaun L Peck represented Ms. Crandall throughout the five-year ordeal as she sought restitution.

On February 13, 2014, Mr. Peck and partner Brandon Baxter obtained a reversal of an improper summary judgment in the Utah Court of Appeals in the legal malpractice case against Craig Swapp & Associates.

On November 15, 2013, Mr. Peck, along with Brandon Baxter and Shawn Bailey, obtained a reversal of summary judgment in the Ninth Circuit Court of Appeals in a U.S.C. 1983 action against the Caribou County, Idaho Jail arising out of the death of an inmate.

 

Professional Recognition

  • 2013 Graduate of Gerry Spence's Trial Lawyers College

  • Rated AV Preeminent®

  • One of Utah Business Magazine's "Legal Elite"

Bar Admissions

  • Utah (1996)

  • Wyoming (2004)

Areas of Practice

  • Accidents

  • Wrongful Death

  • Sexual Abuse

  • Insurance Disputes

  • Business Disputes

Professional Associations and Memberships

  • Utah State Bar

  • Wyoming State Bar

  • American Association of Justice

  • Utah Association for Justice

  • Cache County Bar Association

Education

  • BA and MAcc (Tax), Utah State University, 1991

  • Juris Doctor, Washington & Lee University School of Law, 1994

    • Cum Laude