Shawn P. Bailey

sbailey@peckhadfield.com


 

Laws are like the structural elements hidden inside the walls of a building. The “building” is our community, and our laws structure how we should act out on the road, in a business deal, or in the millions of other ways we encounter each other each day. Our laws encourage the good (loyalty, integrity, caring for others) and discourage the bad (betrayal, dishonesty, carelessness) by requiring that victims must be compensated for their losses.

Shawn fights hard for his clients: good people and companies who have been forced to turn to the civil justice system to solve difficult problems. He listens to his clients. He gets to know them, and cares about them. He carefully researches and investigates their problems. Shawn is strategic, smart, and aggressive. He works hard to resolve each client’s problems by thoroughly preparing to tell their story to the jury at trial.

Shawn has successfully resolved through trial or out-of-court settlement a variety of different types of cases, and he would be happy to talk with you about your situation. 

Shawn has developed areas of special expertise over the past thirteen-plus years of practicing law:

Corporate Disputes. These cases are about the ownership or control of a company (often a company started by family or friends who no longer see eye to eye). Shawn understands how people feel about ventures they helped build from the ground up. He has seen the same pattern unfold time and again: one faction attempts to seize control and show the other faction the door. There is a right and a wrong way to navigate this complex situation, and Shawn can help.

Intellectual Property Disputes. Your patents, trademarks, trade secrets, and/or copyrights are some of your business's key assets. More than that, they are the culmination of your creativity, skill, and untold hours of hard work. Shawn understands what is at stake, and he vigorously defends his clients' intellectual property rights.

Personal Injury. “Duties of care” govern our daily interactions. Drivers have a duty to be careful. Manufacturers have a duty not to sell dangerous or defective products. Lawyers and doctors have duties to be competent professionals. Insurance companies have a duty to investigate and cover claims. Shawn helps people who have suffered serious personal injuries or death due to “duty of care” violations.

Police Brutality and Jail Death. Our laws, and particularly the Constitution, impose strict limits on the force government can use against us. Also, the Constitution requires government to protect inmates in jails and prisons from obvious health and safety risks. Shawn helps people who have suffered serious injuries or death at the hands of police, jailers, and other government employees.

On a personal note, Shawn likes to work hard and play hard. He is a native Utah boy, and loves to be outside, whether it is running trails, mountain biking, road biking, skiing, paddle boarding, or kayaking. He loves the arts too: he is a voracious consumer of books, movies, concerts, and plays, and he writes poetry and paints under the name S.P. Bailey.


Significant Cases

Van Orden v. Downs, 609 Fed. Appx. 474 (9th Cir. 2015). Affirming the trial court's ruling denying summary judgment on  qualified immunity because it "was clearly established, at least as early as 2005, that the Eighth Amendment protects against deliberate indifference to a detainee's serious risk of suicide.”

Van Orden v. Caribou County, 546 Fed. Appx. 647 (9th Cir. 2013). Reversing the trial court’s summary judgment ruling against Shawn's clients; concluding Shawn's clients were entitled to a jury trial on their civil rights claims related to the death of their daughter in an Idaho jail.

Carlsen v. Bd. of Adjustment, City of Smithfield, 2012 UT App 260, 287 P.3d 440. Protecting Shawn's clients’ long-established property right to keep livestock in their backyard.

Stewart v. Bova, 2011 UT App 129, 256 P.3d 230. Enforcing a key notice provision of the Utah Health Care Malpractice Act in favor of Shawn's client.

In re Cooper Tire & Rubber Co., 568 F.3d 1180 (10th Cir. 2009). Enforcing a landmark discovery order compelling Cooper to produce millions of critical documents in a products liability case concerning a failed tire.

P.O. Ventures, Inc. v. Loucks Family Irrevocable Trust, 159 P.3d 870 (Idaho 2007). Upholding Shawn's client’s real estate purchase contract to acquire a large parcel of land in Eagle, Idaho.

Professional Recognition

  • Rising Star, Mountain States Super Lawyers, 2010-2013

Bar Admissions

  • Utah
  • Idaho

Areas of Practice

  • General Litigation
  • Commercial Litigation
  • Corporate Disputes
  • Appellate Practice
  • Personal Injury
  • Auto Accidents
  • Police Brutality
  • Jail Death

Professional Associations and Memberships

  • Utah State Bar
  • Idaho State Bar
  • Cache Valley Bar Association (Past President)
  • Utah Association for Justice
  • Idaho Trial Lawyers Association
  • J. Reuben Clark Law Society, Cache Valley Chapter (Past President)

Education

  • Juris Doctor, J. Reuben Clark Law School (BYU)
    • Senior Editor, BYU Law Review
    • Hugh B. Brown Barrister Award
  • BA, English and History (dual major), University of Utah