Grandmother brought an action seeking grandparent visitation after her son passed away and the maternal grandparents adopted the child. The Utah Court of Appeals concluded that grandparent visitation rights survive adoption only when a stepparent adopts the child or a court…
The Utah Court of Appeals held, as a matter of first impression, that a violation of a government regulation on land constitutes an encumbrance if it exists at the time of the conveyance and the seller either is aware or should…
The Supreme Court held that the plaintiff was entitled to a jury trial of a quantum meruit claim involving payment of attorney’s fees. The Court also held, as a matter of first impression, that the appropriate measure of damages for quantum…
The plaintiffs’ claims were irretrievably subject to arbitration because the election to arbitrate was not rescinded within 90 days.
Petitioner’s statements obtained during an interview in which a detective made representations about leniency and promised to find shelter for the petitioner and her two children, who were homeless at the time were involuntary and the state court’s admission of those…
The Tenth Circuit affirmed the district court’s denial of a preliminary injunction to the plaintiffs, concluding that the mandate and accommodation scheme of the Affordable Care Act do not substantially burden the plaintiffs’ religious exercise under the RFRA or infringe upon…
The Court rejected Greyhound’s argument that contractual provisions requiring one party to procure insurance for the benefit of another must be strictly construed in the same manner as contracts for indemnification. The Court affirmed the district court’s holding that traditional principles…
Confirming the two-part test for alter ego analysis (formalities test and fairness test), the Court held that the second part of the alter ego test is not a self-fulfilling inquiry dependent upon the first part, but a consideration under the court’s…
Landowners sued Wasatch County and the Wasatch County Fire Protection Special Service District for collecting service fees. The Court of Appeals upheld a service fee that bore a reasonable relationship to services provided by a special use district, where the fee,…
In a trial for felony murder, a jury returned a verdict with the box for felony murder marked as guilty, but the box for the predicate robbery charge marked as not guilty. The state appeals court reversed and remanded for…
