As a matter of first impression, the Utah Court of Appeals adopted the Fifth Circuit’s rule that the discharge of a debtor in a reorganization proceeding does not affect a guarantor’s liability. The defendant – guarantors of a promissory note…
The Utah Court of Appeals reversed and remanded a summary judgment that was improperly granted to a creditor seeking a deficiency judgment on a debt secured by a deed of trust. The creditor sued for breach of contract but failed…
The Tenth Circuit held that the one-year statute of limitations for habeas petitions was tolled during the pendency of the petitioner’s state court application for post-conviction relief, even though it took the state court over eight years to resolve the…
The Tenth Circuit affirmed the denial of qualified immunity to prison officials in this Eighth Amendment case brought pursuant to 42 U.S.C. § 1983, where a prisoner with kidney stones alleged that he was not given prompt medical treatment and…
A legal immigrant to the U.S. faced deportation proceedings after pleading guilty to theft charges. He sought to avoid deportation by withdrawing his guilty plea through a petition under the Utah Post-Conviction Remedies Act (UPRA), or alternatively, through an extraordinary…
Plaintiffs were traveling on a stretch of highway that was under heavy construction. The construction resulted in lane closures and temporarily redirecting traffic. Plaintiffs’ vehicle drove off an unfinished embankment, and plaintiffs sustained injuries. There was a dispute as to…
”[M]embers of a state legislature may have standing to sue in order to vindicate the ‘plain, direct and adequate interest in maintaining the effectiveness of their votes.’” Id. at 1163 (citation omitted). The Tenth Circuit Court of Appeals held that…
The Utah Supreme Court held that a reservoir is not a “natural condition” within the meaning of Utah’s Governmental Immunity Act, Utah Code section 63G-7-301(5)(k). It reversed the Utah Court of Appeals’ decision because the court of appeals had erred…
The Utah Supreme Court held that a BYU traffic cadet was an “employee” of Provo City, thus barring the plaintiff’s claims under the Governmental Immunity Act of Utah. The plaintiff was injured when his motorcycle collided with another vehicle after…
In a divided opinion, the Utah Court of Appeals reversed a conviction for murder on an issue that was not preserved for appeal based on “exceptional circumstances.” On appeal, the court asked the parties for supplemental briefing to address for…
