A woman sued her plastic surgeon after he gave before and after photos of her to a television news reporter and the photos were broadcasted on television and the Internet. The district court granted summary judgment to the plastic surgeon,…
After affirming the district court’s judgments in the plaintiff’s favor in all respects, the Utah Court of Appeals considered the plaintiff’s request for reasonable attorney fees under rule 24 of the Utah Rules of Appellate Procedure. The court awarded fees…
This appeal addressed whether a claimant in a boundary by acquiescence case must show active use on both sides of the disputed boundary in order to satisfy the occupation element of the doctrine. The doctrine of boundary by acquiescence allows…
The Utah Supreme Court held that a petition for review of an administrative determination of the Utah Board of Water Quality (BWQ) was untimely, even though filed within thirty days of a 2011 decision, because in substance it was a…
In this negligence action, the surviving family of a man killed in a car accident sued the man’s co-worker who was driving the vehicle. The accident occurred outside of normal work hours, when the man and his co-worker were travelling…
On certiorari, the Utah Supreme Court considered whether a panel majority of the Utah Court of Appeals erred in applying the “marital foundation” approach to determine the amount of a military pension that constitutes marital property. The Utah Supreme Court…
The plaintiff in this negligence action was injured in a head-on car collision while driving through a Utah Department of Transportation (UDOT) work zone that was limited to one lane of traffic. A UDOT worker controlling access to the lane…
This appeal from a default judgment was dismissed on procedural grounds, and the default judgment was allowed to stand because the appellants chose the incorrect vehicle for relief. The controversy arose when the United Effort Plan Trust (UEPT) sued Hildale…
The defendant appealed the district court’s issuance of an injunction against him, arguing that the court erred in concluding he promoted an abusive tax shelter through his Church of Compassionate Service. The court addressed, as a matter of first impression,…