Salt Lake City UTAH

ABOUT William O. Kimball

Bill is a partner of Pia Anderson Moss Hoyt. Bill joined the Firm in 2011 after working in private practice and as CLO for a national company. He assists clients in both litigation and transactional matters. He handles a wide variety of matters some of which include commercial litigation, business transactions and disputes, real estate transactions and litigation & employment issues.

Bill believes that the purpose of lawyers is to prevent disputes between parties through concise agreements and to facilitate resolution of disputes either through aggressive litigation or creative settlements.

Representative Experience

- Business Dissolution Dispute - Multimillion dollar investment properties - Successfully acquired the appointment of a receiver, which forced opposing side to settle in accordance with favorable terms.

- Partnership Dissolution Dispute - Business partnership dispute re: ownership of gas stations. Forced opposing party to buyout through aggressive litigation.

- Acquired TRO against Bank based on First Position Lien for Contractor. Forced Bank to settle for favorable terms.

- Acquired Summary Judgment against fraud claim and other claims. Claims dismissed.

- Acquired Summary Judgment on numerous breach of contract cases.

- Wilber v. Asian Star, et al. (Four Day Bench Trial) - Prevailed on damages.

- Sunrise Valley v. R&W et al. (Two Separate Evidentiary Hearings) - Prevailed on Contempt and TRO and award of attorney fees & costs.

- Knapp v. Knapp (Acquired Receiver)

- Advanced Construction v. First Bank of Midwest - TRO Hearing - Prevailed

- Arbitration - Prevailed at the hearing

- Trust Case - Successfully added late jury demand and reopened discovery forcing a settlement of claims.

- Software dispute - Negotiate and resolve software dispute.

- Successfully defend clients in non-compete lawsuits.

- Represent numerous clients in fraud lawsuits

- Acquired numerous judgments based on breach of contract and other related claims.

- Gender Discrimination/retaliation - One week jury trial in Federal Court. Ultimately prevailed on retaliation and received award of attorney fees and costs in the amount of hundreds of thousands of dollars.

- FMLA - Dealt with and resolved, without paying compensation, serious violations of this law by employer. Results achieved through aggressive representation.

- Age Discrimination - Prevailed at trial.

- Wage Disputes - Have successfully resolved numerous wage disputes without incurring any punitive or ancillary damages.

- OSHA - Successfully worked with and resolved OSHA violations with state officials in several cases.

- IRS - Reduced penalties assessed by IRS and dealt with delinquency issues.

- Sexual Harassment - Dealt with and resolved, without litigation, pending issues and possible large claims; also handled active litigation

- Wrongful Termination - Resolved wrongful termination issues for much less than likely claim if the matter proceeded to litigation.

- Unemployment Hearings throughout the U.S. – Highly successful in defending employer in over 100 unemployment hearings throughout the U.S.

- Workers' Compensation - Successfully resolved pending claims at trial and before trial.

- Agreements - Draft numerous employment agreements, independent contractor agreements and agreements related to employment issues.

- Breach of Fiduciary Duty - Litigated and successfully resolved several cases involving fiduciary duties of corporate officers and owners.

- Business Defense - Defended business owner in matter involving purchase and lost wages.

- Represent numerous businesses in the purchase and sale of assets and entities.

- Represent client in mergers and acquisitions

- Represent clients in restaurant acquisitions

- Acquired TRO and preliminary injunction for real property investors. Preliminary Injunction forced the opposing party to relent and settle. Prosecuted and prevailed on many lien claims

- Acquired Summary Judgment on property line dispute. Judgment upheld on appeal

- Successfully represented developers against various cities relating to entitlements and city approvals

- Defend bank from bond claims and prevail on waiver of expert deadline via summary judgment

- Represent Condo Association in declaratory judgment and collection action

- Successfully represent shareholder in derivative action against Associatio

- Defend HOA members in enforcement actions

- Evictions - Successfully represented property management companies and investors in effectuating numerous evictions.

- Prosecute several different claims for specific performance.

- Prevail on bench trial for Waiver under purchase contract.

- Litigate several boundary line disputes and easement issues.

- Represent numerous parties in the sale of commercial and personal property

- Represent clients in parking lot dispute

- Represent contractors in construction defect lawsuits

- Represent plaintiffs in large construction defect lawsuit

- Successfully represented Bank in Chapter 11 proceeding.

- Successfully represent shareholder in cram down proceedings

- Set aside order of sale for the benefit of company

- Challenge release of judgment in bankruptcy

- File numerous proof of claims for creditors

- Litigate and eventually settle for favorable terms action asserted against business an individuals by the Utah Consumer Protection Division.

- Represent restaurant regarding health code violations

- Settle claim for a full refund from the Bank regarding alleged fraudulent actions.

- Bench Trial on Deficiency Action - Prevailed

- Resolved Can-Spam Lawsuit with millions of dollars at stake for less than $10,000.00

- Prosecute copyright infringement action and force resolution by other side.

- Represent IP Company in disputes relating to source code and ancillary IP issues.

- United States Supreme Court: Moses v. United States of America

- United States Supreme Court: Western Rock v. BLM

- Tenth Circuit: Western Rock v. BLM

- Tenth Circuit: Flitton v. PRMI

- Ninth Circuit: Moses v. United States of America

- Utah Court of Appeals: Ingersoll v. A-1 Disposal

- Utah Court of Appeals: Moss v. Colt Development, et. al

- Utah Court of Appeals: Rice v. Express Recovery Services

- Utah Court of Appeals: Pappin v. Musselman

- Utah Court of Appeals: Holladay Town Center, L.L.C. v. Brown Family Holdings, L.C.

- Idaho Court of Appeals: Shore v. Peterson

- Successfully defend client charged with multiple felonies

- Successfully expunge criminal records

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Areas of LAW

  • Construction
  • Employment
  • Real Estate

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