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Utah Attorneys Achieve Summary Judgment in Utah District Court

Salt Lake City attorneys Vincent J. Velardo and Thomas J. Rollins recently defended and attained summary judgment on behalf of a financial institution client for a case handled in Salt Lake County involving the alleged mishandling of a cashier’s check.

The plaintiff filed the initial counter-claim in April 2016 in Utah State District Court, arguing that our client mishandled the deposit and collection of a cashier’s check with a value of $452,601 after the check was returned uncollectable. The District Court ruled that defendant complied with the Uniform Commercial Code (UCC), the Federal Regulation for the deposit, and the account agreement between the defendant and claimant. Additionally, our client fulfilled the issuance of provisional funds and reversal following the payor bank’s determination that the check was uncollectable by denying payment, granting our attorneys summary judgment on behalf of our financial institution client.

In February 2021 plaintiff appealed the case to the Utah Court of Appeals, and the request was subsequently denied per an Order of Affirmance by the District Court. Thereafter, plaintiff filed a Petition for Writ of Certiorari with the Utah Supreme Court in April 2021 seeking review of the legal analysis of the District Court and Court of Appeals. The Supreme Court denied plaintiff’s petition in July 2021. The claimant sought damages in excess of $160,000 in entirety.

Vince focuses his practice on insurance coverage involving first-party property, third-party liability and bad faith claims, as well as contract litigation and unfair competition. He has extensive experience handling client matters for employment liability, professional liability, construction and environmental/toxic torts. Vince has more than 20 years’ experience as a litigator, and has handled a wide variety of matters in both state and federal courts.

Tom focuses his practice on the defense of individuals and entities involving construction defect, personal injury and malpractice matter, where he participates in every aspect of litigation. He has experience as second chair attorney in state and federal jury trials and presenting oral argument before the Utah State Court of Appeals.