John M. Avondet
John Avondet is a shareholder with Beard St. Clair Gaffney and is a trial attorney.
John joined the firm in 2006 and has considerable experience in complex tort, commercial litigation, and plaintiff’s medical malpractice. His experience includes cases involving federal and state antitrust laws, the Capper-Volstead Act, the Idaho Competition Act, the Consumer Protection Act, Idaho Trademark Act, and non-competes. John represents a variety of businesses and individuals, including medical clinics, assisted living facilities, printing businesses, seed potato farms, accountants, and construction professionals.
John works on the vast majority of the appellate cases handled by Beard St. Clair Gaffney’s litigation group. He is a founding Appellate Section member for the Idaho State Bar. He has written multiple appellate briefs to both the Idaho Supreme Court and the Ninth Circuit. John has multiple appearances before the Idaho Supreme Court where he has argued successfully for his clients.
John served as the President of the Seventh District Bar Association from 2016-2017. He has contributed significant time to fostering an environment of professionalism and collegiality among the members of the local bar association. John’s responsibilities as president included the planning of continuing education for attorneys as well as acting as a liaison between the bar association and the judiciary. John has also been involved in the planning of the East Idaho Citizen’s Law Academy, a forum for citizens interested in the law to learn from judges, educators, and practitioners about the legal system.
John is a Sustaining Member of the Idaho Trial Lawyers Association and is a member of ITLA’s Board of Directors. John believes in ITLA’s mission statement to preserve the rights of Idaho citizens to trial by jury and to seek redress for those who have been injured or whose property has been damaged.
John received his undergraduate degree in Political Science from Brigham Young University in Provo, Utah. Prior to attending law school, he interned for the Department of State at its embassy in Prague, Czech Republic. John received his Juris Doctor degree from the University of Kansas School of Law in Lawrence, Kansas. While in law school, he received recognition for exceptional scholarship in the discipline of Land Transactions and for draftsmanship of Moot Court legal briefing.
John is married and has three children. John is a passionate fan of the Kansas Jayhawk men’s basketball team and enjoys playing on his annual USTA men’s tennis team.
Reported Appellate Decisions (Argued)
- Silver Creek Seed LLC v. Sunrain Varieties LLC, 161 Idaho 270 (2016)
- Pocatello Hospital, LLC v. Quail Ridge Medical Investors, LLC, 339 P.3d 1136 (2014) (PMC II)
- Pocatello Hospital, LLC v. Quail Ridge Medical Investors, LLC, 156 Idaho 709 (2014) (PMC I)
- Taylor v. Chamberlain, 154 Idaho 695 (2013)
- Bagley v. Thomason, 149 Idaho 799 (2010)
- Bagley v. Thomason, 149 Idaho 806 (2010) Grover v. Wadsworth, 147 Idaho 60 (2008)
Reported Appellate Decisions (Briefed)
- Wickel v. Chamberlain, — P.3d — (Idaho December 23, 2015)
- Taylor v. Riley, 336 P.3d 256 (Idaho 2014)
- Printcraft Press, Inc. v. Sunnyside Park Utilities, Inc., 153 Idaho 440 (2012)
- Johannsen v. Utterbeck, 146 Idaho 423 (2008)
- Weeks v. Eastern Idaho Health Services, Inc., 143 Idaho 834 (2007)
Areas of Expertise
- 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.
- John M. Avondet, Use the Force: Ethical Guidance from a Galaxy Far, Far Away, The Bencher, September/October 2012
- Five Things Contractors Should Know About the Notice & Opportunity to Repair Act, weblog post, January 2016.
- 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
- Sustaining Member & Board Member, Idaho Trial Lawyers Association
- Beard St. Clair Gaffney PA
- 2006 to Present