The Utah Court of Appeals determined the Labor Commission Board of Appeals had applied the wrong legal standard in evaluating the employee’s claim for permanent total disability benefits. The Board interpreted the standard for permanent total disability benefits set forth…
The Tenth Circuit rejected the minority interpretation of 17 U.S.C. § 507(b)’s limitation period for copyright infringement claims, which adopts a “continuing wrong” exception. Nothing in the language of § 507(b) supports a special limitation for continuing wrongs. The court…
The Utah Supreme Court held, with Justice Lee dissenting from this portion of the decision, that an appellate court may not review an order granting a new trial where a jury did not enter a verdict in the first trial….
The Tenth Circuit addressed the operation of a “safe harbor” provision exempting from the trustee’s power of avoidance, certain transfers to religious organizations. Under § 548 of the bankruptcy code, the trustee may avoid transfers of property in the two…
The Utah Court of Appeals addressed whether the common area of a planned unit development could be considered an “insured location” under a homeowners insurance policy. An individual was injured when the ATV he was riding tipped over and landed…
The Utah Supreme Court addressed the constitutional question of whether site-specific rezoning is administrative or legislative action, and consequently whether a site-specific rezoning decision is subject to a citizen petition to place the issue on the ballot for referendum. The…
The Utah Supreme Court reaffirmed the “wide latitude to trial counsel to make tactical decisions” in representing a criminal defendant when it reversed a decision by the Utah Court of Appeals. Id. ¶ 23. The Utah Court of Appeals had…
The Utah Supreme Court addressed for the first time the conditions under which an estranged spouse may burglarize the family home in the absence of a court order excluding him/her. A spouse had been removed from the home by police…
