Legal Insight. Business Instinct.

John M. Avondet

John learned to try civil cases alongside his mentor and friend, Mike Gaffney. John represents plaintiffs in a wide variety of matters ranging from medical malpractice claims against careless healthcare providers to businesses seeking compensation for harms done to their operations.

John seeks to be professional, aggressive and innovative in finding solutions for his clients. This is no better represented than the case of Phillips v. Eastern Idaho Health Services, Inc. (EIRMC). The Phillips decision from the Idaho Supreme Court provided clarity and answers questions that had plagued judges and parties in medical malpractice cases for years. The legal principles articulated by the Court in Phillips help injured parties more effectively seek justice and accountability from careless healthcare providers. Never willing to let insurance companies get the better of ordinary people, John proactively works up his clients’ cases to require insurance companies to be reasonable in dealing with his clients.

To John, the jury trial is one of the most important aspects of American society and that those citizens who serve as jurors perform a noble service second only to military service. He works diligently to ensure that his clients are ready and willing to go to trial without fear or doubt in the judicial process. John joined the Idaho Trial Lawyers Association in 2011 and has been an Advocate level member of that association for many years. He actively participates on its board of directors and participates in its committees. He is committed to preserving the rights of Idaho citizens to trial by jury.

In 2019, John was appointed to serve on the Idaho Supreme Court’s Civil Rules Advisory Committee.

John has numerous appearances before the Idaho Supreme Court and has several published opinions that have developed Idaho’s law, including the Phillips decision.

John received his undergraduate degree in Political Science from Brigham Young University in Provo, Utah in 2003. Prior to attending law school, he interned for the US Department of State at its embassy in Prague, Czech Republic. John received his Juris Doctor degree from the University of Kansas School of Law located in Lawrence, Kansas in 2006.

John is married, has three children, and two cats. John is a passionate fan of the University of Kansas athletics, thinks stoicism is a worthy life philosophy, and will hike any mountain trail—albeit slowly.

 

Curriculum Vitae

  • University of Kansas School of Law, Juris Doctor 2006
  • Brigham Young University, BA Political Science 2003
  • Successful jury trial in Fremont County acquiring over a $100,000 jury verdict for a seed potato farming operation that suffered loss of it crops due to the misapplication of fertilizer and herbicide.
  • Lead defense counsel in a successful defense of medical malpractice claim against a physician. Acquired dismissal of case and successful defense of an appeal.
  • Lead defense counsel in a successful court trial in Bonneville County defending a local manufacturing company from liability to two competing claimants over payment for equipment.
  • Lead plaintiff’s counsel in medical malpractice lawsuit in Bonneville County against local health care facility resulting in settlement acceptable to all parties.
  • Successfully defended a medical clinic in a jury trial located in Bonneville County. A former employee of the client’s medical supply companies had sued the client for defamation after being terminated by her employer.
  • Provided litigation support for a successful jury trial in Bonneville County for a contractor in a limited liability dissolution and breach of contract action.
  • Provided litigation support for a successful jury trial in Bonneville County against a local utility company and contractor for fraud resulting in a jury verdict in excess of $900,000.
  • Acquired summary judgment and dismissal of claims in US District Court of Idaho in a suit brought by client’s competitor for tortious interference with contract and prospective economic advantage. An award of attorney fees in the client’s favor followed the dismissal.
  • Provided litigation support before and during a jury trial in Bonneville County defending a claim of wrongful death against the State of Idaho resulting in a jury verdict finding of no negligence for the State.
  • Successfully litigated insurance bad faith and legal malpractice claim resulting in settlement acceptable to all parties.
  • Successful court trial in Franklin County defending a Rexburg-based contractor from liability on a breach of contract case brought by one of its subcontractors.
  • Successful prosecution of adversary proceeding in US Bankruptcy Court preserving a six figure judgment for fraud.
  • Successful jury trial in Bonneville County against a local potato shed, acquiring a $164,781.00 verdict against the shed for unpaid amounts owed to a local grower for potatoes delivered.
  • Social Media & the Law, Eagle Rock Inns of Court, February 2012
  • The Health Care Appeal: Obamacare before the Supreme Court, Eastern Idaho Estate Planning Council, March 2012
  • Capper-Volstead Training, Beard St. Clair Gaffney PA, December 2012
  • Attorney Fee Liens, Beard St. Clair Gaffney PA, August 2012
  • Law Firm Data Storage, Beard St. Clair Gaffney PA, July 2013
  • Interstate Land Sales Full Disclosure Act in Idaho, Beard St. Clair Gaffney PA, August 2013
  • Judges Panel Report, Beard St. Clair Gaffney PA, October 2013
  • Goal Oriented Litigation, Beard St. Clair Gaffney PA, December 2013
  • Commitment and the Practice of Law, Beard St. Clair Gaffney PA, August 2014
  • Innovation, Beard St. Clair Gaffney PA, October 2014
  • Idaho Supreme Court Update, Beard St. Clair Gaffney PA, October 2014
  • Post-Trial Matters: Attorney Fee Petitions and Appellate Pointers, Eagle Rock Inns of Court, April 2015
  • Idaho Civil Law Update 2016, Eagle Rock Inns of Court, April 2016
  • Idaho State and Federal Bar
    • Litigation Section
    • Appellate Section
  • US Court of Appeals, 9th Circuit
  • Seventh District Bar Association
    • Officer & Board Member
    • 2012-2017
  • Sustaining Member & Board Member, Idaho Trial Lawyers Association
  • Civil Rules Advisory Committee
  • Beard St. Clair Gaffney PA
    • Attorney
    • 2006 to Present

Education

  • University of Kansas School of Law, Juris Doctor 2006
  • Brigham Young University, BA Political Science 2003

Experience

  • Successful jury trial in Fremont County acquiring over a $100,000 jury verdict for a seed potato farming operation that suffered loss of it crops due to the misapplication of fertilizer and herbicide.
  • Lead defense counsel in a successful defense of medical malpractice claim against a physician. Acquired dismissal of case and successful defense of an appeal.
  • Lead defense counsel in a successful court trial in Bonneville County defending a local manufacturing company from liability to two competing claimants over payment for equipment.
  • Lead plaintiff’s counsel in medical malpractice lawsuit in Bonneville County against local health care facility resulting in settlement acceptable to all parties.
  • Successfully defended a medical clinic in a jury trial located in Bonneville County. A former employee of the client’s medical supply companies had sued the client for defamation after being terminated by her employer.
  • Provided litigation support for a successful jury trial in Bonneville County for a contractor in a limited liability dissolution and breach of contract action.
  • Provided litigation support for a successful jury trial in Bonneville County against a local utility company and contractor for fraud resulting in a jury verdict in excess of $900,000.
  • Acquired summary judgment and dismissal of claims in US District Court of Idaho in a suit brought by client’s competitor for tortious interference with contract and prospective economic advantage. An award of attorney fees in the client’s favor followed the dismissal.
  • Provided litigation support before and during a jury trial in Bonneville County defending a claim of wrongful death against the State of Idaho resulting in a jury verdict finding of no negligence for the State.
  • Successfully litigated insurance bad faith and legal malpractice claim resulting in settlement acceptable to all parties.
  • Successful court trial in Franklin County defending a Rexburg-based contractor from liability on a breach of contract case brought by one of its subcontractors.
  • Successful prosecution of adversary proceeding in US Bankruptcy Court preserving a six figure judgment for fraud.
  • Successful jury trial in Bonneville County against a local potato shed, acquiring a $164,781.00 verdict against the shed for unpaid amounts owed to a local grower for potatoes delivered.

Publications

Speaking Engagements

  • Social Media & the Law, Eagle Rock Inns of Court, February 2012
  • The Health Care Appeal: Obamacare before the Supreme Court, Eastern Idaho Estate Planning Council, March 2012
  • Capper-Volstead Training, Beard St. Clair Gaffney PA, December 2012
  • Attorney Fee Liens, Beard St. Clair Gaffney PA, August 2012
  • Law Firm Data Storage, Beard St. Clair Gaffney PA, July 2013
  • Interstate Land Sales Full Disclosure Act in Idaho, Beard St. Clair Gaffney PA, August 2013
  • Judges Panel Report, Beard St. Clair Gaffney PA, October 2013
  • Goal Oriented Litigation, Beard St. Clair Gaffney PA, December 2013
  • Commitment and the Practice of Law, Beard St. Clair Gaffney PA, August 2014
  • Innovation, Beard St. Clair Gaffney PA, October 2014
  • Idaho Supreme Court Update, Beard St. Clair Gaffney PA, October 2014
  • Post-Trial Matters: Attorney Fee Petitions and Appellate Pointers, Eagle Rock Inns of Court, April 2015
  • Idaho Civil Law Update 2016, Eagle Rock Inns of Court, April 2016

Associations

  • Idaho State and Federal Bar
    • Litigation Section
    • Appellate Section
  • US Court of Appeals, 9th Circuit
  • Seventh District Bar Association
    • Officer & Board Member
    • 2012-2017
  • Sustaining Member & Board Member, Idaho Trial Lawyers Association
  • Civil Rules Advisory Committee

Employment

  • Beard St. Clair Gaffney PA
    • Attorney
    • 2006 to Present