Contact Info
Email: kanderson@fabianlaw.com
Direct Line: (801) 323-2225
Fax: (801) 596-2814
Kevin N. Anderson
Kevin Anderson is one of Fabian’s most experienced and successful trial attorneys and litigators. With almost thirty years of experience in state and federal courts, arbitrations and administrative forums across the country, Kevin is the one clients in distress turn to when they face their worst problems, or when they have already faced defeat. That is because Kevin is savvy, aggressive and knows when and how to push the boundaries of the law, contracts and public policy and, more importantly, because Kevin makes his clients’ problems his own. Kevin also knows important legal battles are not just fought in the court room, but often in the board room, with the press and with governmental authorities.
As an example, Kevin represented the co-owner of the Crandall Canyon Mine, successfully negotiating with numerous plaintiffs, insurance companies, and co-defendants, reaching a highly publicized global settlement of all claims of all plaintiffs against all defendants in less than two years following the accidents. In other cases, Kevin successfully took on the FBI and the NCAA, as well as Victoria’s Secret, among other well-known clients and cases.
A substantial portion of Kevin’s work has been for energy-related companies in a variety of litigation, arbitration and regulatory matters. Of significance, Kevin has been involved in resolving several disputes concerning long term coal supply agreements through negotiation, litigation, arbitration, and mediation. In addition, Kevin has handled investigations by the Mine Safety and Health Administration, Congressional committees, U.S. Department of Labor, U.S. Federal Aviation Administration, Utah Mine Safety Commission and other government agencies.
Other cases Kevin has handled include contract disputes, mass torts, force majeure, eminent domain and condemnation, securities fraud, insurance coverage and benefits, banking, real estate transactions, fiduciary relationships and Indian law. Kevin is also an active mediator and arbitrator.
Kevin is rated AV by Martindale-Hubbell and was named Mountain States Super Lawyers for complex commercial litigation.
Kevin has handled numerous cases that were resolved prior to trial, either by judicial disposition or settlement. He has been involved in the appeal of cases to the Utah Supreme Court and the Tenth Circuit court of Appeals and has lectured on a variety of topics. He currently chairs Fabian’s Complex Litigation Practice Group and is a member of the Board of Directors for the Utah Mining Association.
As an example, Kevin represented the co-owner of the Crandall Canyon Mine, successfully negotiating with numerous plaintiffs, insurance companies, and co-defendants, reaching a highly publicized global settlement of all claims of all plaintiffs against all defendants in less than two years following the accidents. In other cases, Kevin successfully took on the FBI and the NCAA, as well as Victoria’s Secret, among other well-known clients and cases.
A substantial portion of Kevin’s work has been for energy-related companies in a variety of litigation, arbitration and regulatory matters. Of significance, Kevin has been involved in resolving several disputes concerning long term coal supply agreements through negotiation, litigation, arbitration, and mediation. In addition, Kevin has handled investigations by the Mine Safety and Health Administration, Congressional committees, U.S. Department of Labor, U.S. Federal Aviation Administration, Utah Mine Safety Commission and other government agencies.
Other cases Kevin has handled include contract disputes, mass torts, force majeure, eminent domain and condemnation, securities fraud, insurance coverage and benefits, banking, real estate transactions, fiduciary relationships and Indian law. Kevin is also an active mediator and arbitrator.
Kevin is rated AV by Martindale-Hubbell and was named Mountain States Super Lawyers for complex commercial litigation.
Kevin has handled numerous cases that were resolved prior to trial, either by judicial disposition or settlement. He has been involved in the appeal of cases to the Utah Supreme Court and the Tenth Circuit court of Appeals and has lectured on a variety of topics. He currently chairs Fabian’s Complex Litigation Practice Group and is a member of the Board of Directors for the Utah Mining Association.
- Practice Areas
- Professional
- Representative Projects
- Education
- Publications & Presentations
- Community Service
- Member, Board of Directors, Utah Mining Association, 2007-Present
- Admitted to Nevada Ninth Circuit Court of Appeals, 2008
- Admitted to District of Columbia Bar, 2005
- Admitted to Nevada State Bar, 1992
- Member, Utah Supreme Court Advisory Committee on Civil Procedure, 1991-1993
- Admitted to Utah Tenth Circuit Court of Appeals, 1985
- Admitted to Utah State Bar, 1981
- Kevin was lead counsel representing the co-owner of the Crandall Canyon Mine in ongoing civil lawsuits stemming from the catastrophic events that occurred at the Mine in August 2007, which resulted in nine fatalities. He lead the negotiations with multiple plaintiffs, insurance companies, and co-defendants, reaching a highly publicized global settlement of all claims of all plaintiffs against all defendants in less than two years following the accidents. In addition, Kevin has been assisting the co-owner with investigations by the Mine Safety and Health Administration, several Congressional committees, Department of Labor, Utah Mine Safety Commission and other government agencies.
- Kevin has also handled Mine Safety and Health Administration special investigations seeking to impose civil and criminal liability, MSHA enforcement defense litigation, appeals before the Federal Mine Safety and Health Review Commission, and litigation challenging unlawful MSHA regulations and related regulatory actions.
- Kevin has analyzed and litigated numerous claims of force majeure under fuel supply contracts involving events such as unanticipated geologic conditions, the unavailability of railroad cars and other transportation problems, earthquakes, coal frozen in railroad cars, the failure of coal processing equipment at a generating station, breakdowns of turbine generators, and various other problems experienced by coal suppliers.
- Kevin has analyzed, litigated, mediated and been a neutral and party appointed arbitrator in cases involving market price reopeners, pricing disputes, plant construction issues and quality related issues. He has been involved in contract negotiations and renegotiation. Kevin has assisted in the preparation of written claims submitted pursuant to gross inequity clauses and has been involved in the negotiation, litigation and arbitration of those claims.
- In addition to the contractual disputes identified above, Kevin has worked on a number of cases involving contractual disputes in a variety of circumstances. He has represented the University of North Dakota against the NCAA’s attempt to stop it from using its “Fighting Sioux” nickname and logo, prevented the FBI from gaining access to top secret government documents leaked to his father, Jack Anderson. Other cases have involved performance of technology sharing agreements, commercial lease disputes, fraud, and the enforcement of alleged verbal agreements.
- J.D., Georgetown University Law Center, 1981
- B.A., University of Utah, 1978
- Lecturer, "Managing Risks in a Changing Market - A Legal Perspective, Coal: Volatile Markets & Risk Management," Electric Utility Consultants, Inc. (EUCI), 2005
- Lecturer, "Duty to Preserve Evidence - Spoliation and Electronic Data Discovery," Corporate Counsel Section, Utah State Bar, 2004
- Lecturer, "Tribal Taxation Issues," The Public Utilities and Transportation Taxation Committee, et al., 1996
- Lecturer, "Coal & Transportation Strategies," Long Term Contract Consultants, Inc., 1995
- Lecturer, "Coal Contracting Strategies," Long Term Contract Consultants, Inc., 1994
- Lecturer, "The Role of Utility Auditors in Litigation or Arbitration," Utilities Training Conferences, Inc., 1993, 1990
- Lecturer, "Coal Procurement Strategies Based on Clean Air Act Requirements," Long Term Contract Consultants, Inc., 1992
- Lecturer, "Obtaining a Collection Judgment," Utah Collection Law Seminar, Professional Education Systems, Inc., 1986, 1988
- Course Instructor, "Aviation and the Law," Salt Lake Community College, 1992
- Panel Member, "Deposition Strategies, Tactics and Mechanics," Professional Education Systems, Inc., 1990
- Panel Member, "Teamwork: Litigation, Lawyers and Legal Assistants," Legal Assistants Association of Utah, 1990
- Author, "Tribal Authority to Tax, Journal of Property Tax Management," v. 8, no. 4, Spring 1997
- Co-Author, "Slow Justice: Looking for Land With the Paiutes," Utah Holiday, August, 1982
- Author, "Indian Employment Preferences: Legal Foundations and Limitations," 15 Tulsa Law Journal 733, 1980
- Trustee, Legacy Christian Fellowship of Las Vegas, 1998
- Member, Las Vegas Chamber of Commerce, 1992-1998; Business/Education Collaborative, Funding and Resources Committee, 1993-1995; Member of the Women's Council
- Trustee, Friends of the Tracy Aviary, 1986-1993; One of the founders of non-profit group to help raise funds for the Tracy Aviary
- Member, Salt Lake City Tracy Aviary Advisory Board, 1984-1992; Advisory Board reported directly to the Office of the Mayor on issues relating to one of two municipal owned aviaries in the United States; Chaired Capital Improvements Committee which administered over $1 million in capital improvements