The Utah Court of Appeals held that a general contractor could not turn to its stone veneer subcontractor’s commercial general liability policy for coverage in a lawsuit brought against the general contractor by the owner for the subcontractor’s allegedly defective…
The Utah Supreme Court vacated an injunction against a street gang because the County’s service by publication was insufficient. Ogden Trece, 2013 UT 62, ¶ 64. Under a public nuisance theory, the County sought an injunction prohibiting the gang from…
The Utah Court of Appeals reversed the trial court’s award of joint custody because the court had not required the parties to file the parenting plan required by Utah Code section 30-3-10.2(1). Bell, 2013 UT App 248, ¶ 34. Even…
In this personal injury case, the plaintiff secured a default judgment against an oil and lube business owned by a sole proprietor approximately one month after it served the complaint and summons on an employee of the business. Sewell, 2013…
The Utah Supreme Court affirmed summary judgment in favor of a property maintenance company, finding that the company owed no duty towards a condominium resident who tripped on tree root offshoots concealed in the grassy common area of her complex….
The Tenth Circuit clarified that whether a “note” is a “security” in a civil case should be determined as a matter of law, except in “rare instances.” Thompson, 732 F.3d at 1161. The court reasoned that where the Supreme Court…
In an action where an attorney was sued for defamation based on letters he wrote to plaintiffs and their counsel before formal proceedings were instituted, the Utah Court of Appeals soundly affirmed the applicability of the judicial proceedings privilege and…
The Utah Court of Appeals rejected a mother’s appeal from contempt sanctions because she had not preserved the issue for appeal, and the court refused to consider arguments of plain error and exceptional circumstance doctrine that the mother raised for…
Avoiding the issue of whether portions of the Utah Governmental Immunity Act violate the open courts clause of the Utah Constitution, the Utah Supreme Court reversed and vacated the Utah Court of Appeals’ opinion, 2012 UT App 204, 283 P.3d…
