• BLOG

Zagg, Inc. v. Harmer, 2015 UT App 52 (Feb. 26, 2015) 

The plaintiff company appealed from the denial of a preliminary injunction to prevent the defendant, the company’s former director, from selling shares of the company’s stock. The Utah Court of Appeals held that the district court abused its discretion in…

State v. Houston, 2015 UT 40 (Feb. 24, 2015) 

Utah Rule of Criminal Procedure 22(e) provides that the court may correct an illegal sentence. The Utah Supreme Court held the rule encompasses facial constitutional challenges to a sentence that do not arise at the trial. The court’s holding creates…

Monfore v. Phillips, 778 F.3d 849 (10th Cir. Feb. 10, 2015) 

This medical malpractice appeal serves as a cautionary tale to co-defendants who plan a joint defense. A widow pursued negligence claims against the doctors and hospital that allegedly failed to diagnose her husband’s throat cancer. The defendants maintained a unified…

United States v. Dunn, 777 F.3d 1171 (10th Cir. Feb. 10, 2015) 

Defendant used peer-to-peer file-sharing software Limewire to download child pornography. The software’s default settings make the user’s files available for search and download by other Limewire users. Defendant argued that making files available as a result of the software’s default…