Shawn P. Bailey, Partner

sbailey@peckBAXTER.com

 

Shawn is an experienced advocate, advisor, and problem-solver. Shawn has successfully resolved hundreds of cases for his clients in his twenty-plus years of law practice. Shawn has extensive trial experience in the state and federal courts of Utah and Idaho. Shawn has also argued appeals in the U.S. Court of Appeals for the 10th Circuit, the U.S. Court of Appeals for the 9th Circuit, the Utah Supreme Court, the Utah Court of Appeals, and the Idaho Supreme Court.

Shawn is strategic, smart, and aggressive. Shawn strives to resolve cases with efficiency and creativity. Shawn brings to bear maximum leverage in each case by thoroughly preparing each case for a full trial and, if necessary, appeal.

Shawn's areas of special expertise include:

Corporate Litigation. Shawn has extensive experience with disputes over the ownership and management of corporations, limited liability companies, partnerships, and other companies. These cases often involve succession: Shawn helps his clients enforce their contractual or statutory rights to buy out their fellow owners—or to be bought out.

Divorce. Shawn's domestic practice grew out of his corporate practice. Shawn's typical divorce case involves high-net-worth individuals who own significant business, real estate, financial, and other assets. Finding, valuing, and dividing marital assets worth millions of dollars is a complex process that should only be entrusted to attorneys with the appropriate sophistication and experience.  

Personal Injury. Shawn represents people who have suffered serious physical injuries caused by others. Shawn's clients have included victims of intentional violence, professional malpractice, car crashes, sexual abuse, and civil rights violations.

General Civil Litigation. Shawn has successfully resolved a wide variety of cases in areas other than those listed above, including for example disputes involving contracts, fraud, trusts and estates, business torts (breach of fiduciary duties, tortious interference with contract, civil conspiracy), defamation, property/real estate, intellectual property, construction, antitrust, and constitutional law.

Shawn would be happy to talk with you about your situation. If he is unable to personally help, it is likely he can connect you with someone who can.

Shawn was born and raised in Utah. Shawn and his wife Andrea are the parents of four children. Shawn loves to be outside, whether it is running trails, mountain biking, skiing, or paddle boarding. He loves the arts too: he is a voracious consumer of art, books, movies, concerts, and plays. Shawn is also a painter—his work can be seen at spbailey.net.

Recent Trial Results

High Asset Divorce Case Result. At the conclusion of a bench trial in April 2020, a Utah judge found in favor of Peck Baxter’s client who was the petitioner in a divorce case where multiple assets of high value, including interest in multiple businesses and properties, were at issue.  After the conclusion of the trial, the Respondent filed an appeal. In February 2023, the Utah Court of Appeals issued its Opinion in Knowlton v. Knowlton (Case No. 20200483-CA), affirming the decision of the trial court. The Respondent requested that the Utah Supreme Court review the appellate ruling, and in June of 2023, the Supreme Court declined, bringing the case to finality. Shawn P. Bailey and Shaun L Peck represented the Petitioner at trial, and Shawn P. Bailey successfully represented the Petitioner on appeal.

Hotel Dispute Trial Result. At the conclusion of a 9-day trial, a jury in the First District Court in Logan, Utah found in favor of Peck Baxter’s clients who had been sued by a business competitor alleging fraud, conspiracy, and breach of contract.  The litigation which began in 2017 involved allegations relating to the sale of a hotel in Logan, Utah and the development of another hotel, also in Logan, Utah.  Peck Baxter’s clients are long-time participants in the local hotel industry: Weston Logan, Inc. and MMR Investments, LLC as well as several of the individual principals from the businesses. Peck Baxter partners Brandon J. Baxter and Shawn P. Bailey successfully represented the businesses and individuals at trial.

Reported Appellate Cases

Truman v. Johnson, 60 F.4th 1267 (10th Cir. 2023). Reversing the trial court’s summary judgment ruling against Shawn’s client; concluding that Shawn’s client’s civil rights claim (claiming that a prosecutor fabricated evidence that resulted in his wrongful conviction for murder) was not barred by the doctrine of issue preclusion.

Knowlton v. Knowlton, 2023 UT App 16, 525 P.3d 898 (2023). Affirming the trial court’s ruling on all issues in favor of Shawn’s client in a divorce action concerning the division of a large and complex marital estate.

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.

Education

  • Juris Doctor, J. Reuben Clark Law School (BYU)

    • Senior Editor, BYU Law Review

    • Hugh B. Brown Barrister Award

  • BA, English and history, University of Utah

Previous Experience

  • Judicial Clerk, U.S. Court of Federal Claims, Washington, D.C.

  • Honors Program Attorney, U.S. Department of Justice, Civil Division, Washington, D.C.

  • Associate, Greener Banducci Shoemaker, Boise, Idaho

Areas of Practice

  • General Litigation

  • Commercial Litigation

  • Corporate Disputes

  • Appellate Practice

  • Personal Injury

  • Auto Accidents

  • Divorce

  • Contracts

Professional Associations and Memberships

  • Utah State Bar

  • Idaho State Bar

  • Cache Valley Bar Association (Past President)

  • J. Reuben Clark Law Society, Cache Valley Chapter (Past President)

Community Service

  • Cache Valley Center for the Arts, Member, Board of Trustees

  • Chamber Music Society of Logan, Member, Board of Trustees

  • Cache Valley Home Builders Association, Member, Board of Directors

Bar Admissions

  • Utah

  • Idaho