Jason W. Hardin

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Jason Hardin B

Jason W. Hardin

Email: jhardin@fabianvancott.com

Direct Line : 801-323-2235

Direct Line : 801-596-2814

215 South State Street Suite 1200
Salt Lake City, Utah 84111

Biography

Jason Hardin is a seasoned and successful trial attorney with extensive courtroom experience. He has first-chaired more than thirty trials and arbitrations and second-chaired many others, often in large-scale, complex cases with multiple parties, numerous expert and fact witnesses, and novel legal and factual issues. He knows how to aggressively resolve a case and, if necessary, how to efficiently manage a team and take a case to trial. He has handled cases involving industrial and mining accidents, mass torts, mine safety (MSHA), workplace safety (OSHA), class actions, professional liability, sales, warranty disputes, construction and development, and other areas. Although Jason has represented clients from many industries, he has considerable experience representing electric utilities, power producers, and mine operators. Jason is licensed to practice in both Utah and Nevada and has appeared in courts and arbitrations across the country, including in Utah, Nevada, California, Illinois, Indiana, Ohio, Kentucky, Alabama, and Washington D.C. Jason received his law degree from the University of Utah, where he was editor-in-chief of the Journal of Land, Resources and Environmental Law, and his bachelor’s degree in physics (emphasis in geophysics) from Rice University. Prior to practicing law, Jason was a U.S. Navy submarine officer and Department of Energy certified Naval Nuclear Engineer.

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Professional

Fabian VanCott: Director, 2008-2009, 2014-Present; Shareholder, 2004-Present; Chairperson, Energy & Utilities Practice Group, 2010; Recruiting Director, 2005-2007; Associate, 2000-2004
Courts: Admitted to the Utah State Bar, 2000; U.S. District Court for the District of Utah, 2000; Nevada State Bar, 2006; and U.S. District Court for the District of Nevada, 2008; Practiced before the Federal Mine Safety Health & Review Commission, 2009-Present
Legal Awards: Recognized as "Legal Elite" in the field of Business Litigation, Utah Business magazine, 2006-2010
Recognized as "Rising Star," Mountain States Super Lawyers, 2008-2013, with the 2008 edition featuring article on Jason titled "He Works While You Sleep."
United States Navy: Special Security Officer and Intelligence Officer, Submarine Squadron Eleven, San Diego, California, 1996-1997; Submarine Officer, USS Pogy (SSN 647), San Diego, California, 1993-1996; Certified as Nuclear Power Plant Engineer by the Naval Reactors Division of the Department of Energy, 1995; Cleared for Top Secret Information and granted access to Sensitive Compartmented Information based on Single Scope Background Investigation (SSBI) completed on September 2, 1992 under Case Control Number (CCN) 92136-0542

Representative Projects

Successfully represented the co-owner, operator and parent entities of the Crandall Canyon Mine near Huntington, Utah in three civil lawsuits stemming from the multiple deaths and injuries arising out of the collapse of the Mine and failed rescue in August 2007; played a key role in investigating and mastering the complex facts, in negotiating with numerous plaintiffs and insurance companies, and in reaching the highly publicized global settlement of all claims from all plaintiffs against all defendants in less than two years following the accidents.

Assisted and currently assisting with investigations by the Mine Safety and Health Administration, several Congressional committes, the Department of Labor, the Utah Mine Safety Commission, and the U.S. Attorney's Office for the District of Utah in relation to the August 2007 accidents at the Crandall Canyon Mine.

Successfully represented, and is currently representing, clients in Mine Safety and Health Administration special investigations seeking to impose civil and criminal liability, administrative contest proceedings before administrative law judges, appeals before the Federal Mine Safety and Health Review Commission, and litigation challenging unlawful MSHA regulations and related regulatory actions.

Successfully represented utility in baseball-style arbitration involving a coal company’s assertion of force majeure under a long-term coal supply agreement because of allegedly “unanticipated geologic conditions” encountered at the mine; was responsible for large part of discovery and arbitration preparations; deposed several fact witnesses and all opposing expert witnesses, including a rock mechanics specialist, a geo-statistician, and two geologists.

Successfully represented a utility in three-week baseball-style arbitration involving utility's assertion of force majeure under a long-term coal supply agreement because of a breakdown of one of its turbine generators; was responsible for large part of discovery and arbitration preparations; examined and cross-examined all expert witnesses during hearing, including two metallurgists, two generator specialists, and a fracture mechanics and finite element analysis expert.

Successfully represented a large industrial linen supply company in several jurisdictions in defense of national and state class action lawsuits involving antitrust and consumer fraud claims; assisted in the preparation of successful motion in opposition to class certification in federal court (reported at 223 F.R.D. 506 (2004)); responsible for managing complex discovery, involving over twenty depositions and well over fifty thousand pages of documents.

Successfully represented millwork installer (a sub-subcontractor during the construction of a large five-star hotel) in two-and-a-half week arbitration in Boston against millwork supplier; was responsible for large part of discovery and arbitration preparation; examined key fact witnesses and cross-examined key fact witnesses during hearing.

Obtained a preliminary injunction in federal court on behalf of nation’s fourth largest alarm monitoring service provider in action alleging Lanham Act and consumer fraud violations; largely responsible for drafting memorandum in support of motion for restraining order and injunction.

Education

University of Utah College of Law, J.D., 2000, top 20 percent; Editor-in-Chief, Journal of Land, Resources & Environmental Law; Semi-Finalist (out of 63 universities), National Environmental Law Moot Court Competition, Pace University, 1999; William H. Leary Scholar, top 20 percent; Legal Writing Teaching Assistant Naval Nuclear Prototype Training Unit, Idaho Falls, Idaho, Graduated 1st in Class, 1992-1993
Naval Nuclear Power School, Orlando, Florida, 1992, Graduated in top ten percent of the class. Graduate Level Courses in: Atomic and Nuclear Physics, Health Physics, Fluids and Fluid Systems, Material Sciences and Metallurgy, Thermodynamics, Water Chemistry, Mechanical Engineering, Reactor Kinetics, Electrical Engineering, Mathematics and Power Plant Systems
B.A., Physics, emphasis in Geophysics, Rice University, Houston, Texas, 1992; Naval ROTC, Rice Rugby Club

Publications & Presentations

“The Management of a Large Case Document Review;” Orange Legal Technologies Intermountain e-Discovery Conference 2009, http://tinyurl.com/lxm6rx
"Tipping the Scales: Why Congress and the President Should Create a Federal Interim Storage Facility for High-Level Radioactive Waste," 19 J. Land Resources & Envtl. L. 293 (1999)

Community Service

Big Brothers Big Sisters of Utah: Chairman, Board of Directors, 2005-2007, Treasurer, Board of Directors, 2004-2005, Member, Board of Directors, 2003-2009,
Community Service Committee, Young Lawyers Division, Utah State Bar, 2001-2003
Hearts & Hands Award, Utah Philanthropic Society, 2007