This case involved whether language, and lack of language, in a Corporate Management Policy Manual can create an implied contract that “core” employees could not be terminated without cause and/or certain procedures. One policy in the manual designated “tactical” employees…
Applying the mandate rule to an effort by insurers to file post-appeal motions for summary judgment raising additional policy-based challenges to the insured’s claim that the insurers had a duty to defend, the court held that the remand language, which…
In this case dealing with the common law public duty doctrine, the Supreme Court reversed in part prior case law and clarified that doctrine. Plaintiff was injured while she was a dancer on defendant college’s ballroom dancing team and was…
Defendant moved to dismiss based on lack of personal jurisdiction, the district court agreed, and the Court of Appeals reversed. Hunsaker goes into detail on personal jurisdiction requirements, and it is significant for its reminder that personal jurisdiction must be examined…
Parents’ custody agreement provided that mother would have physical custody of the son until he entered seventh grade, at which point custody would switch to the father. The agreement also provided that a custody evaluator would be retained at that…
A member of an LLC held a first-position deed of trust on property owned by the LLC, and a non-member creditor held a mechanics lien, junior to the deed of trust, on the same property. The court held that § 48-2c-1308…
The trial court failed to conduct a scrupulous examination of the evidence that 404(b) analysis requires. The trial court erroneously “took two separate categories of bad acts – drug dealing and encouragement of prostitution – and analyzed them as a single…
In a case involving a claim for reimbursement for the father’s share of preschool expenses more than eight years before the claim was asserted, the court held that the statute of limitations applicable to child support orders (four years after the…
The Shondel doctrine requires the lesser of sentences when two crimes impose “disparate penalties for identical conduct [same elements for two different crimes].” State v. Williams, 2007 UT 98, ¶ 12. In this arson case, defendant argued that the elements…
Participants and employers in multiple states sued the Millennium Multiple Employer Welfare Benefit Plan (the “Plan”) and multiple insurance companies that held their life insurance policies. The plaintiffs alleged tort claims and sought a declaratory judgment over ownership of their…
