In a significant departure from prior case law, the Utah Supreme Court explained that the marshaling requirement for challenging a factual finding is no longer grounds for a procedural default on appeal, but is rather “a natural extension of an…
The Court affirmed the district court’s denial of a motion to suppress, based on its determination that the language in Utah’s eWarrant application system satisfies the Utah and U.S. Constitutional requirements that a warrant be supported by an “Oath or…
In his second of three challenges to his conviction, the defendant argued the trial court erred in proceeding to trial after one of his defense witnesses failed to appear. The Court of Appeals held that the defendant had failed to…
Several investors sued their financial advisors for breach of fiduciary duty and violations of state securities laws. The district court granted the financial advisors’ motion and dismissed the claim for failure to join other financial advisors who were also involved,…
The plaintiff amended his complaint to name additional defendants in this negligence action a year and half after the statute of limitations expired. He argued that his new claims related back to the date of the original complaint under Utah…
The trial court granted summary judgment to Orem City on various claims related to a land sale contract. The Court of Appeals held material issues of fact existed on the contract issue and that the contract contained ambiguities. The Court…
Affirming the denial of a motion to suppress, the Tenth Circuit held that the presumption regarding a parent’s authority to consent to a search on his or her child’s behalf applies equally to a stepparent.
In this dispute over $110,000 of cabinetry work, the Court interpreted the statutory scheme establishing the Residence Lien Recovery Fund and determined that claims for recovery against the fund are assignable.
In the context of underinsured motorist (“UIM”) coverage, the Tenth Circuit held that UPS was not a self-insurer under Utah law, despite the fact that UPS maintained a “fronting” insurance policy where its deductible equaled its policy limits, essentially limiting…
