This case involves allegations of negligence in the hiring, training, and supervision of employees at a business providing services to the disabled, which resulted in the sexual assault of a minor by one of the defendant’s employees. The Utah Supreme…
The district court dismissed this case involving enforcement of a guarantee agreement, concluding that it should have been asserted as a compulsory counterclaim in an earlier suit between the parties. The Utah Supreme Court reversed, holding that Rule 13(a) of the…
The Utah Supreme Court held that the Utah Payment of Wages Act does not impose personal liability on the managers of a limited liability company for unpaid wages, reasoning that the act’s definition of “employer” does not include managers of limited…
Thirteen days after a jury awarded her $5.26 million in damages for mesothelioma, the plaintiff died. Her estate then brought wrongful death claims under the same theories of negligence, strict product liability, and failure to warn. Defendants moved to dismiss…
A former reserve deputy sued the county sheriff’s department under 42 U.S.C. §§ 1983 and 1985 for violation of his First Amendment rights to free speech. The deputy alleged that the department retaliated against him for testifying in support of…
Party host showed his guest his gun collection. Guest was extremely intoxicated with a Blood Alcohol Content of 0.25. Guest then picked up host’s handgun out of curiosity. Host warned guest to handle it with care as it was loaded….
Religious organization brought suit under Utah Constitution after dismissal of federal constitutional claims by United States Supreme Court. See Pleasant Grove City, Utah v. Summum, 555 U.S. 460 (2009). The Utah Supreme Court held that the religious liberty clause of…
Defendant was convicted of various drug-trafficking offenses. For the purposes of sentencing, the trial court found defendant’s offenses included a higher quantity than the jury convicted him for and increased his sentence within the statutory range for the offenses the…
The Utah Supreme Court changed the standard for determining when an order is final for purposes of filing an appeal when a Rule 11 motion is pending. In Clark v. Booth, 821 P.2d 1146 (Utah 1991), the Utah Supreme Court…
In the context of legislative amendments to the Indigent Defense Act, the Utah Supreme Court rejected the government’s argument that there is a “clarification” exception to the general rule against retroactivity. Although prior cases alluded to such an exception, the Utah Supreme…
