John D. Luthy

Jluthy@peckhadfield.com


 

John represents individuals and families who have been harmed because of the negligent, careless, or intentional acts of others. He also handles contract, business, and property disputes. John is also a respected appellate attorney who prosecutes and defends appeals of all types of cases. John is motivated by a desire to see the law rightly and efficiently applied to obtain just results for his clients.

John began his legal career by clerking for Judge Gregory K. Orme of the Utah Court of Appeals, Justice Richard C. Howe of the Utah Supreme Court, and Judge Russell W. Bench of the Utah Court of Appeals. He then spent three years practicing law with the Salt Lake City firm Suitter Axland. For the next eight years, John was a full-time faculty member at the University of South Carolina School of Law. During that same time, he worked as a contract attorney for law firms in Utah, South Carolina, and Washington, D.C. He joined Peck Hadfield Baxter & Moore in the summer of 2014.

John enjoys spending time with his wife, Valerie, and their two children. He also co-founded and performs professionally with the a cappella group Voice Male. John speaks conversational Japanese.


Reported Cases

Gregory & Swapp, PLLC v. Kranendonk, 2018 UT 36, 870 Utah Adv. Rep. 15

Lindstrom v. Custom Floor Covering Inc., 2017 UT App 141, 402 P.3d 171

Holdeman v. Devine, 474 F.3d 770 (10th Cir. 2007)

Dreis v. Hietala, 221 Fed. Appx. 691 (10th Cir. 2007)

O’Connor v. Burningham, 165 P.3d 1214 (Utah 2007)

MFS Series Trust III ex rel. MFS Municipal High Income Fund v. Grainger, 96 P.3d 927 (Utah 2004)

Significant Results

Mr. Luthy was hired by Washington, D.C. attorney, Stephen M. Trattner to be a principal drafter of the Brief of Amicus Curiae Stephen M. Trattner in Support of Respondents in the United States Supreme Court case of National Federation of Independent Business v. Sebelius, 132 S.Ct. 2566 (2012), the landmark "Obamacare" case.  The Trattner brief argued that a Tenth Amendment analysis shows that Congress lacked power under the Commerce Clause and the Necessary and Proper Clause of the Constitution to enact the "Individual Mandate" portion of Obamacare.  A majority of the Supreme Court agreed that Congress does not have such power under those clauses of the Constitution.

 

Bar Admissions

  • Utah (2000)
  • South Carolina (2010; inactive)

Areas of Practice

  • Insurance Bad Faith
  • Automobile and Other Accidents
  • Property Disputes
  • Attorney Malpractice
  • Appellate Practice

Professional Associations and Memberships

  • Utah State Bar
  • South Carolina State Bar
  • J. Reuben Clark Law Society
  • Utah Association for Justice

Education

  • Juris Doctor, BYU, 2000
    • Cum Laude
    • Order of Barristers
    • West Group Outstanding Scholastic Achievement Award (2000)
    • Best Brief Award in the J. Reuben Clark Moot Court Competition (1999)
  • BA, Political Science, Utah State University, 1996
    • Magna Cum Laude
    • Welch pre-law scholarship (1996)