Nathan Whittaker is an experienced litigation attorney with Righi Fitch in Salt Lake City Utah. Nathan is a native Utahn, having grown up in a small town in southern Utah as the son of a dairy farmer. After graduating in 2003 from Lewis & Clark College in Portland, Oregon with a B.A. in International Affairs, he returned to Utah and received his law degree from Brigham Young University in 2007. He was admitted to the Utah State Bar in 2008.

Nathan’s legal practice is focused on civil litigation and appellate practice. Having briefed and argued 16 appeals and over 80 dispositive motions, Nathan has developed a reputation for excellence in legal research and writing and has been praised by judges for his attention to detail. He is adept at taking the most complex legal principles and facts and synthesizing them into simple yet persuasive arguments. He has also served as a member of the Utah Supreme Court’s Advisory Committee on Civil Procedure, which works with the Utah Supreme Court to decide the rules that govern the state trial courts.

Nathan’s civil litigation practice includes the defense of business owners, construction companies, and trucking companies and their drivers. He handles a wide variety of insurance defense cases ranging from personal automobile accidents to catastrophic injury and wrongful death. He serves on the firm’s rapid response team for Utah. His practice also includes insurance coverage and bad faith. His attention to detail and ability to synthesize information quickly serves his clients well not only in rapid responses but also in complex litigation.

Nathan also has experience providing insurance coverage analysis and advice on many different types of policies, including commercial general liability, commercial property, business owners, homeowners, professional liability, commercial auto, and personal auto policies.

Before attending law school, Nathan spent two years abroad in Japan, where he learned to speak Japanese fluently. While there, he also learned the importance of keeping things simple and uncluttered—a principle he strives to apply to his legal practice. In his spare time, Nathan enjoys being in the outdoors, whether hiking in the Wasatch Mountains, exploring the redrock canyons of Southern Utah, or just gardening in his backyard. He sings baritone in the Salt Lake Men’s Choir and volunteers for the Utah Aids Foundation.

Representative matters:

• Successfully appealed a jury’s award of damages before the Utah Court of Appeals and the Utah Supreme Court, resulting in a settlement for his client that was over ten times the amount of the original damages award.
• Conducted a bench trial to equitably divide assets, resulting in a judgment in his client’s favor on all issues as well as an award of attorney fees.
• Moved for and obtained summary judgment declaring his client was entitled to the entirety of a $500,000 life insurance policy and successfully defended this judgment on appeal before the Utah Supreme Court.
• Successfully appealed the district court’s judgment in a boundary dispute case before the Utah Court of Appeals, resulting in a judgment in his client’s favor as well as an award of attorney fees.
• Successfully moved for dismissal of a $200,000 contract claim at minimal cost to the client.
• Prevailed on Motion to Dismiss for Lack of Personal Jurisdiction on behalf of a Texas auto dealership that was sued in Federal Court for violation of the Federal Odometer Act, negligent misrepresentation and breach of contract
• Prevailed on Motion to Dismiss for Failure to State a Claim on behalf of a defense-contractor employer against a former employee’s claims of wrongful termination in violation of the Defense Contractor Whistleblower Protection Act, the National Defense Authorization Act, the Federal False Claims Act, and Utah public policy
• Prevailed on Motion for Summary Judgment on behalf of an apartment complex by arguing that the tenant agreed to assume the risk of snow and ice hazards in his rental agreement and so waived his claims for negligence and premises liability
• Prevailed on a Motion for Summary Judgment on behalf of a motorist against another driver’s claim for consequential damages in excess of the total value of her vehicle
• Successfully defended on appeal a trial court’s grant of summary judgment on behalf of a church against claims of failure to report an incident of sexual abuse
• Prevailed on Motion for Summary Judgment on behalf of a private religious school against a former teacher’s claims of wrongful termination and retaliation by arguing that the teacher’s responsibilities included guiding students in their religious faith, making him a minister and barring his employment claims under the First Amendment
• Prevailed on Motion for Summary Judgment on behalf of a manufacturer of cooling units against claims for product liability and negligence totaling over $15 million
• Prevailed on a Motion for Summary Judgment on behalf of a restaurant against a customer’s personal injury claim by arguing that the customer failed to timely disclose his damages
• Prevailed on a Motion to Dismiss on behalf of a bar against a wrongful death claim exceeding $1 million
• Prevailed on a Motion for Summary Judgment on behalf of a wholesale insurance broker against claims of negligent misrepresentation, violation of the unfair practices act, breach of contract, and breach of fiduciary duty exceeding $14 million

Representative Appellate Decisions:

Hertzske v. Snyder, 2017 UT 4, 390 P.3d 307.

Purkey v. Roberts, 2012 UT App 241, 285 P.3d 1242. 

Harris v. Shopko Stores, Inc., 2011 UT App 329, 263 P.3d 1184, affirmed, affirmed, 2013 UT 34, 308 P.3d 449. 

Fullmer v. Fullmer, 2015 UT App 60, 347 P.3d 14. 

Education

• Juris Doctor, J. Reuben Clark Law School, Brigham Young University, Provo, Utah | April 2007
• Bachelor of Arts in International Affairs, Lewis & Clark College, Portland, Oregon | May 2003

Bar Admissions

• Utah, 2008

Practice Areas

• Appellate and Critical Motion Practice
• Complex Civil Litigation
• Construction Litigation
• Casualty Defense
• Insurance Coverage and Bad Faith Litigation
• Product Liability
• Transportation and Trucking
• Professional Malpractice