Fielding v. GBS Benefits — Court affirms dismissal of banquet-speech claims
The Utah Court of Appeals affirmed dismissal of contract, defamation, and false-light claims and upheld denial of an unsupported request to amend.
Uncategorized
Breach of Contract
Uncategorized
Bingham Livestock v. Paccar — Discovery issues revive warranty claims
The Utah Court of Appeals revived truck-warranty claims under a contractual discovery rule but held that the economic loss rule barred negligence claims against repair shops.
Uncategorized
Nikols v. Nikols — Personal trust and development rights ended at death
The Utah Court of Appeals held that a deceased beneficiary’s widow did not inherit his trust share, personal development agreement, or right of first refusal.
Uncategorized
Hutchings v. Cedar Pointe Homes — Unjust-enrichment claim survives failed land deal
The Utah Court of Appeals found no enforceable contract for a custom-home lot but revived an unjust-enrichment claim based on design work.
Uncategorized
Burlington Coat Factory v. Newgate Mall — One-sided extrinsic evidence resolves lease ambiguity
The Utah Court of Appeals held that a court may resolve an ambiguous commercial lease on summary judgment when the admissible extrinsic evidence points only one way.
Uncategorized
628 Park Avenue v. Miller — Court revives commercial lease and guaranty claims
The Utah Court of Appeals reversed key summary-judgment rulings in a commercial lease dispute while enforcing rule 26 damages-disclosure limits in part.
Uncategorized
Hammon v. Zoom Inc. — Economic Loss Rule Bars Fraud Claims Against Corporate Officers Who Negotiated the Contract, Utah Court of Appeals Holds
The Utah Court of Appeals held for the first time that the economic loss rule bars fraud claims against corporate officers and agents who negotiated a contract on the company’s behalf, when those claims completely overlap with the corporation’s contractual duties — and reversed summary judgment on breach of contract and declaratory judgment claims because the district court had never determined what the contracts actually required.