The Utah Supreme Court held that a contingency fee sought as consequential damages must be disclosed under rule 26 and proved at trial, not first revealed in a posttrial fee motion.
The Utah Supreme Court reaffirmed that amended post-conviction claims must satisfy rule 15(c)’s relation-back standard and upheld the PCRA’s one-year deadline.
The Utah Supreme Court held that a trial court’s brief sua sponte consideration does not preserve a fact-dependent damages theory when treating it as preserved would undermine judicial economy and fairness.
The Utah Supreme Court held that bars that voluntarily settle a Dramshop Act claim cannot seek contribution under a provision limited to persons against whom an award is made.