Powell v. Town of Leeds — Court revives land-use lawsuit after jurisdiction ruling
The Utah Court of Appeals revived one of three land-use lawsuits, rejecting jurisdictional and issue-preclusion grounds while affirming other dismissals.
The Utah Court of Appeals revived one of three land-use lawsuits, rejecting jurisdictional and issue-preclusion grounds while affirming other dismissals.
The Utah Court of Appeals affirmed dismissal of contract, defamation, and false-light claims and upheld denial of an unsupported request to amend.
The Utah Court of Appeals reversed judgment on the pleadings against a law firm because its answer alleged a good-faith basis for an attorney’s lien.
The Utah Court of Appeals affirmed portions of a divorce decree but required additional findings on property valuation, alimony, support arrears, and attorney fees.
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.
The Utah Court of Appeals reversed summary judgment for a police department because factual disputes remained over whether an officer complied with emergency-vehicle requirements.
The Utah Court of Appeals affirmed negligent homicide, holding that speculative fear of a pursuing driver did not require acceptance of a compulsion defense.
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.
The Utah Court of Appeals rejected four ineffective-assistance claims and held that body-camera footage of a victim’s post-disclosure demeanor was properly admitted.
The Utah Court of Appeals upheld the divorce-date valuation of trust assets but vacated their distribution because the trial court did not resolve tracing and dissipation issues.
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 held that compulsion is an excuse, not a legal justification, and therefore cannot support the murder statute’s special-mitigation defense.
The Utah Supreme Court held that an employer waived a workers’ compensation notice defense by never requesting relief on it and that an ALJ’s sua sponte ruling did not cure the waiver.
The Utah Court of Appeals affirmed an aggravated-murder conviction, rejecting challenges to voir dire, graphic evidence, intent testimony, jury instructions, and trial counsel’s performance.
The Utah Court of Appeals vacated three credit-card convictions under merger doctrine and required an on-record resolution of presentence-report objections, while affirming consecutive sentences.
The Utah Court of Appeals affirmed a ruling that preserved a presumed father’s legal parentage because disrupting his established relationship with two children would be inequitable.
The Utah Supreme Court upheld a permanent total disability award for a former Granite School District teacher and clarified impairment proof, gainful employment, record reopening, and subrogation under Utah workers’ compensation law.
The Utah Court of Appeals upheld sole custody, supervised parent-time, and vexatious-litigant restrictions after repeated defiance of court orders.
The Utah Court of Appeals reversed dismissal after a trial court rejected opposition briefs for single spacing without explaining the defect.
The Utah Court of Appeals affirmed a murder conviction, finding overwhelming evidence that thirteen shots were retaliatory rather than justified defense.
The Utah Court of Appeals vacated an aggravated-assault conviction for insufficient evidence but affirmed sexual-abuse and object-rape convictions.
The Utah Court of Appeals affirmed child-sex-abuse convictions while a concurrence criticized an unbalanced verdict-urging instruction.
The Utah Court of Appeals affirmed rape and forcible-sodomy convictions, holding that an ambiguous reference to counsel did not end police questioning.
The Utah Court of Appeals held that FERPA governed disclosure of a school video and that allowing parents to view it satisfied the district’s duty.