Family Law

• Divorce
• Child Support
• Child Custody and Visitation
• Guardianship
• Spousal Support
• Annulment

Criminal Law

• Criminal Defense
  Courts generally treat children differently than adults. For example, specific juvenile courts exist to resolve criminal matters involving minors. As another example, the United States Supreme Court has determined the Constitution prohibits the execution of an “adolescent” who commits murder just days before his eighteenth birthday, but permits the death penalty for an “adult” who commits the same crime just days after turning eighteen.
• Wrongful Death
  In her capacity as heir of the estate, she brought a wrongful death lawsuit against herself for negligently causing Mr. Vom Baur's death and thereby depriving herself of Mr. Vom Baur's companionship. Separately, in her capacity as personal representative of Mr. Vom Baur’s estate, she caused the estate to bring an action against herself for negligently causing Mr. Vom Baur to experience pain and suffering prior to his death.
• Robbery
  We all have a general duty to act reasonably when we act, such as when we drive or cross a street; however, the law will rarely impose liability for failing to act, such as choosing not to call the police when observing a robbery in progress. In most cases, we can only be held liable for failing to act when we have a “special relationship” with the injured party. Special relationships include a doctor’s duty to a patient; a teacher’s duty to a student; a babysitter’s duty to the minor she is tending; and a parent’s duty to her child. For example, if you see a child in the park seriously injure herself on the monkey-bars, you likely have no legal duty to stop what you are doing and come to that child’s aid, unless you are that child’s parent, guardian, or babysitter. The Utah Supreme Court recently addressed special relationship-based liability in the case of B.R. v. Rodier, 2015 UT 1, 2015 WL 122251.
• White Collar Crimes
  The State of Utah recognizes this widespread problem and is working to fight affinity fraud by establishing the Stop Fraud Utah campaign. Utah has a white-collar crime registry in which investors can search for names of convicted perpetrators in Utah.
• Murder
  David Ragsdale murdered his wife Kristy in January 2008 while under the influence of medications prescribed to him by a nurse practitioner. There is no question the nurse practitioner had a legal duty to act reasonably in prescribing medication to Ragsdale. At the time of the murder, the nurse practitioner had prescribed at least six different medications to Ragsdale.
• Shoplifting
  Ray, several employees of Wal–Mart were fired for violating company policy when they physically engaged with shoplifting customers. At the time, Wal-Mart’s policy required all employees to disengage from any violent confrontation, withdraw to a safe position, and contact law enforcement.

Business and Corporate Law

• Business Formation
  Although Kesler & Rust attorneys provide comprehensive representation to corporate clients on a variety of matters, they regularly advise corporate clients on contractual, labor and employment, business formation, development/implementation of business strategies, real estate issues, and acquisition matters.
• Business Disputes
  Adam’s practice involves all aspects of litigation, including family law, personal injury, contract disputes, property law, and criminal cases. Adam is licensed to practice in Utah’s state and federal courts.
• Business Transactions
  Kesler & Rust was formed in 1980 with V.L. Kesler and Joseph C. Rust as the founding partners, with a principal focus on domestic and international commercial transactions and litigation. From its beginning, the Firm secured relationships with clients that have lasted for decades. Recognizing the Firm's dedication to the principles of superior legal work at fair rates, Kesler & Rust's clients have remained as loyal to the Firm as the Firm has been loyal to them.
• Limited Liability Companies
  Kesler & Rust also provides probate administration and litigation services to assist with the probate of a loved one’s estate or disputes that arise from the administration of an estate. Our probate administration and litigation services include...
• Construction Contracts
  Doug’s litigation practice also focuses on construction law, from forming construction contracts to handling construction-related litigation, including mechanic's lien and construction bond claims. Doug has contributed greatly to Utah’s construction industry, formerly serving as Chairman of the Construction of the Utah State Bar (of which he still is a member), representing the Associated General Contractors in matters before the Utah Supreme Court, and working with the Utah State Legislature in writing and revising laws affecting the construction industry.

Employment Law

• Wrongful Termination
  Consequently, the court held that an at-will employee who is fired for exercising self-defense may maintain a wrongful termination action, but only if the employee faced an imminent threat of serious bodily harm in circumstances where he or she was unable to withdraw. The Court in
• Non-compete Agreement
  A Utah employer generally may require its employee to sign a non-compete agreement whereby the employee agrees not to compete with the employer after the employment relationship terminates. However, not all non-compete agreements are enforceable.
• Severance Agreement
  See Utah Code Ann. § 34-51-201. However, this rule does not apply to good faith severance agreements made at or after the time employment ends. This rule also does not apply to post-employment restrictive covenants related to the sale of a business, so long as the individual subject to the restrictive covenant receives value related to the sale of the business.

Property Law

• Real Estate Litigation
  As with the firm’s other practice areas, Kesler & Rust attorneys successfully represent clients in real estate matters in a variety of dispute resolution proceedings.
• Premises Liability
• Construction Litigation
  Sorensen was the sole owner of a construction company known as NSC. Simons entered into a construction contract with NSC to build her home. Once construction of the home was completed, Simons noticed that several parts of the home were unfinished, not built in accordance with the specifications, or defective. Simons requested that NSC fix these issues, but NSC refused. Simons repaired these problems at her own cost and brought suit against NSC and Sorensen personally.
• Real Estate Transactions
  In that case, Mind & Motion entered a real estate purchase contract (“REPC”) with Celtic Bank to buy a large piece of property. The REPC required Celtic Bank to record certain documentation by a predetermined date, but gave Mind & Motion sole discretion to extend that deadline. After extending the deadline once, Mind & Motion declined to extend it a second time and sued Celtic Bank for breach of contract. Celtic Bank argued that its ability to meet the recording deadline depended on when county officials decided to approve its application, so it should not be liable for breach of contract.
• Easement
• Land Use and Zoning
• Landlord-Tenant Disputes
  Scott has established a robust commercial litigation practice centered on resolving matters for shopping centers, real estate management companies, construction companies, and other commercial clients. Scott regularly and skillfully handles commercial landlord-tenant disputes and other lease interpretation matters. Although Scott’s practice does not focus on tort or personal injury law, Scott recently obtained a $3.4 million verdict in a products liability case in federal court. Scott’s ability to successfully resolve varied, complex disputes undoubtedly is why his attorney peers have recognized him as among the best lawyers in Utah, as reflected by his “AV Preeminent” peer review rating from Martindale Hubbell.
• Property Damage
  Many people ignore this important step, especially in minor accidents. Even if there are no serious injuries, you should still call the police. A police report is a useful tool that helps document the circumstances of the accident and the extent of the property damage. A police report can also provide a preliminary assessment of fault, which may convince an insurance company to accept responsibility. Furthermore, a police report can help protect you from being wrongfully blamed for the accident.

Health Law

• Personal Injury
  When a person is injured by the misconduct of another, the law provides a remedy in the form of a personal injury lawsuit. For example, if driver A negligently drives her vehicle and hits B while he is walking on the sidewalk, B can recover from A for his injuries. Specifically, B can likely recover for his lost wages if he misses work, medical expenses, and other personal economic consequences of the injury. B may also recover for his non-economic damages, such as his pain and suffering. If B dies while his personal injury lawsuit is still pending, his estate is allowed to purse the claim on his behalf. Any proceeds recovered from the lawsuit go to B’s estate and will be distributed along with the rest of B’s assets. All of these remedies are designed to compensate B for the injuries he suffered as a result of A’s negligence.
• Medical Malpractice
  In 1986, the Utah Legislature imposed a cap on noneconomic damages in medical malpractice cases. This means while a plaintiff alleging medical malpractice can recover the full amount of his economic damages, such as medical bills, he is limited on how much he can receive for things like pain and suffering. In enacting this damages cap, the legislature sought to protect medical professionals from large jury verdicts for discomfort. According to the Utah Supreme Court, this cap seeks “to strike a balance that provides redress for the injured while accounting for the concerns of the medical profession.”
• Auto Accidents

Trusts and Estates

• Estate Planning
  We provide our clients with estate planning options that are tailored to their needs. Many of our estate planning packages are flat fee.
• Wills
• Trusts
  Non-Basic Trusts such as Domestic Asset Protection Trusts; Special Needs Trusts; QTIP Trusts; Marital, Credit, or Bypass Trusts; Testamentary Trusts; Charitable Remainder Trusts; and Life Insurance Trusts
• Power of Attorney
• Probate
  Kesler & Rust’s estate planning and probate services give our clients peace of mind that their family, loved ones, and assets will be protected with carefully drafted estate plans.

Finance Law

• Foreclosure
  The Utah Supreme Court holds that filing a foreclosure action on a valid judgment lien does not prevent the underlying judgment from expiring during that foreclosure action.