In this administrative appeal, the Utah Court of Appeals declined to disturb the decision of the Workforce Appeals Board that a man working for a delivery business was an employee, and not an independent contractor, and was therefore eligible for…
A man with a knack for “obtaining” vehicles without paying for them was convicted of aggravated robbery and theft by receiving stolen property in connection with two vehicles in his collection. The first was a car he obtained from a…
The Utah Supreme Court’s Ethics and Discipline Committee’s private admonishment of an attorney for failing to obtain informed consent for third-party payment of legal fees under rule 1.8(f) of the Utah Rules of Professional Conduct was reversed as unsupported by…
The Court affirmed summary judgment for the plaintiffs on their claims that the trust deed encumbering their property was invalid, that the defendant had slandered their title, and that the defendant was liable for damages under Utah Code § 57-1-38(3)…
Adopting the majority rule with respect to the admission of conditionally relevant evidence, the Utah Supreme Court upheld the admission of prior child abuse evidence. The defendant was charged with the murder of her son “after his back was bent…
The Tenth Circuit rejected the defendant’s argument that the sentencing guidelines’ use of the term “imprisonment for a term exceeding one year” impermissibly deviated from 18 U.S.C. § 921(a)(20)’s definition of “crime punishable by imprisonment for a term exceeding one…
A foreign corporation filed suit in Utah asserting the rights of a defunct Utah company (as its assignee) against the company’s former directors, all of whom reside outside of Utah. The district court dismissed the case on the bases of…
In this per curiam opinion, the Utah Court of Appeals dismissed the appeal for lack of jurisdiction because rule 4(c) of the Utah Rules of Appellate Procedure applies only to an order that, once entered, will become final and appealable….
Defendant appealed a denial of a motion to suppress evidence after a GPS device was placed on an accomplice’s car and resulted in the seizure of evidence from that car. The Tenth Circuit determined he did not have standing to…
In this personal jurisdiction case, a Utah lender obtained an opinion letter from a New Hampshire law firm. The lender later sued the law firm in Utah federal court. Relying in part on Walden v. Fiore, 134 S. Ct. 1115…
