Troy Booher's practice is concentrated in post-trial and appellate litigation. He has handled complex appeals and writ proceedings in Utah, Nevada, and California appellate courts, in various federal circuits, and in the U.S. Supreme Court. Substantive areas include business and professional torts, labor law, product liability, contracts, tribal court jurisdiction, criminal law, as well as various constitutional, business, and commercial issues. Troy teaches a course in appellate practice at the S.J. Quinney College of Law and has served as Chair of the Appellate Practice Section of the Utah State Bar.
Recent Representative Cases
- George L. Brown Ins. Agency, Inc. v. Star Ins. Co., 126 Nev. Adv. Op. No. 31 (Nev. 2010) (reversing summary judgment and adopting for Nevada the rule that indemnification provisions must expressly reference an indemnitee's own negligence before they encompass such negligence)
- Miller v. State of Utah, 2010 UT App 25, 226 P.3d 743 (reversing dismissal of a former prisoner's claim of actual innocence) (Amicus Curiae Brief)
- Deer Crest Assocs. I, L.C. v. Avalon Deer Valley, L.L.C., 566 F.3d 1246 (10th Cir. 2009) (affirming multi-million dollar judgment in contract dispute arising from $212 million development) (Brief of Appellee)
- State of Utah v. Clopten, 2009 UT 84, 223 P.3d 1103 (holding that trial court should have allowed expert testimony on the reliability of eyewitness identifications) (Opening Brief) (Reply Brief)
- Smith v. Security Inv. LTD, 2009 UT App 355, 223 P.3d 451 (affirming judgment awarding land under the doctrine of boundary by acquiescence)
- Baldassin v. Freeman, 2009 UT App 109, 2009 Utah App. LEXIS 111 (affirming the dismissal of medical malpractice claims based upon statute of limitation and rejecting an equitable estoppel defense)
- Clayton v. Ford Motor Co., 2009 UT App 154, 214 P.3d 865 (affirming jury verdict rejecting numerous product liability causes of action)
- Mid-America Pipeline Co. v. Four-Four, Inc., 2009 UT 43, 216 P.3d 352 (reversing the dismissal of claims based upon interpretation of settlement agreement)
- Te'o v. Morgan Stanley & Co., 311 F. App'x 165, 2009 U.S. App. LEXIS 2770 (10th Cir. 2009) (affirming denial of ERISA benefits for failure to comply with benefits plan)
- State of Utah v. Leber, 2009 UT 59, 216 P.3d 964 (holding that the trial court should not have admitted evidence of the defendant's prior bad acts)
- McKelvey v. Hamilton, 2009 UT App 126; 211 P.3d 390 (affirming an estate distribution of $500,000 based upon prior probate court proceedings)
- Guerrero v. Ford Motor Co., 2008 Cal. App. Unpub. LEXIS 9820 (Cal. Ct. App. Dec. 8, 2008) (affirming verdict that vehicle stability was not proximate cause of rollover accident) (Respondent's Brief)
- Ford v. State of Utah, 2008 UT 66, 199 P.3d 892 (holding that prisoner defending against state's post-conviction appeal has constitutional right to paid counsel) (Appellant's Brief) (Appellant's Reply Brief)
- Ockey v. Lehmer, 2008 UT 37, 189 P.3d 51 (affirming no cause verdict in dispute arising from 2700-acre development near Park City, Utah) (Brief of Appellee) (Reply Brief)
- Witte v. Sloan, 250 F. App'x 250; 2007 U.S. App. LEXIS 22860 (10th Cir. Sept. 26, 2007) (affirming dismissal of various alleged constitutional violations directed at the Chief Justice of California)
Education
- S.J. Quinney College of Law, University of Utah (J.D., 2002)
- National Moot Court Team
- Executive Board, Utah Law Review
- Metropolitan State College of Denver (B.A., History; B.A., Philosophy)
Court Admissions
- Supreme Court of Utah
- United States Court of Appeals, Fourth Circuit
- United States Court of Appeals, Ninth Circuit
- United States Court of Appeals, Tenth Circuit
- United States District Court, District of Utah
- United States Supreme Court
Professional Memberships & Activities
- Utah State Bar
- Appellate Practice Section, Past Chair
- Constitutional Law Section, Past Chair
- ABA, Judicial Division, Appellate Judges Conference
- Council for Appellate Lawyers
- Tenth Circuit Bar Association
- Federal Bar Association
- David L. Watkiss American Inn of Court
Representative Presentations & Publications
- Professionalism, Civic Virtue, and the Art of Motorcycle Maintenance, Invited Speaker, Business Law Section of the Utah State Bar, Salt Lake City, Utah (April 7, 2010)
- The Next Step in Eyewitness Identification, Invited Speaker, Salt Lake Legal Defenders, Salt Lake City, Utah (March 31, 2010)
- Commentary on Professor Michael Perry's Views on Religion and Politics, Invited Speaker, Utah State Bar Convention, Sun Valley Idaho (July 2009)
- Primer on Utah Appellate Courts, Invited Speaker, Southern Utah Bar Association Annual Meeting, St. George, Utah (December 5, 2008)
- The Unnecessary Rigor Clause in the Utah Constitution, Invited Speaker, Utah State Bar Convention, Sun Valley, Idaho (July 19, 2008)
- Civil Commitment for Drug Addiction, Invited Speaker, Symposium on Drugs: Addiction, Therapy, and Crime, S.J. Quinney College of Law (March 14, 2008)
- The Right to Counsel in Death Penalty Cases, Invited Speaker, Utah Criminal Justice Society, Salt Lake City, Utah (March 3, 2008)
- Taking Liberty with Humean Necessity: Compatibilism and Contingency, Author, Moral Psychology Today: Essays on Values, Rational Choice, and the Will, Springer Press (2008)
- J.S. Mill's Test for Higher Pleasure, Author, Studies in the History of Ethics (December 2007)
- Drugs and Justice: Seeking a Consistent, Coherent, Comprehensive View, Co-Author, Oxford University Press (2007)
- Putting Meaning in Its Place: Originalism and Philosophy of Language, Author, Law and Philosophy, Volume 25, Issue 4 (Spring 2006)
- Scrutinizing Commercial Speech, Author, George Mason University Civil Rights Law Journal, Volume 15, Issue 1 (Winter 2004)
- Finding Religion for the First Amendment, Author, John Marshall Law Review, Volume 38, Issue 2 (Winter 2004)
- The Case for National E-mail Regulation, Co-Author, Defense Counsel Journal, Volume 70, Issue 3 (July 2003)
Professional Recognition & Awards
- Mountain States Super Lawyers® - Rising Stars Edition (2008-2010)
- Hearts & Hands Award, Volunteer of the Year, Utah State Bar (2008)
- Utah's Legal Elite, Utah Business magazine
- Young Alumnus of the Year, S.J. Quinney College of Law (2007)
Other Professional Experience
- S.J. Quinney College of Law (University of Utah), Adjunct Professor (2007-present)
- Appellate Practice
- The Judicial Process
- University of Utah, Department of Political Science, Adjunct Professor (2002-present)
- Law & Politics
- The Judicial Process
- University of Utah, Department of Philosophy, Adjunct Instructor (2003-present)
- Philosophy of Law
- Utah Court of Appeals, Judicial Clerk to Hon. Judith M. Billings (2004)