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InnoSys, Inc. v. Mercer, 2015 UT 80 (August 28, 2015)

The Utah Supreme Court held, as a matter of first impression, that a presumption of harm attaches when a party makes a prima facie showing of misappropriation of trade secret, even if the party opposing summary judgment fails to submit proof of…

State v. Poole, 2015 UT App 220 (August 27, 2015)

The Court of Appeals held, based on the language of the Restitution Act, that an order of restitution must be entered at the time of sentencing or within one year of sentencing. Concluding the statutory provision was mandatory and therefore…

Dahl v. Dahl, 2015 UT 79 (August 27, 2015)

This lengthy opinion addresses multiple substantive and procedural rules arising from a complicated divorce. Among other things, the court held “it is improper to allow one spouse access to marital funds to pay for reasonable and ordinary living expenses while the…

Utley v. Mill Man Steel, Inc., 2015 UT 75 (August 20, 2015)

Defendant fired plaintiff, a salesman, on account of missing inventory, and withheld payment of commissions. The Supreme Court held that withholding is permissible if there is enough evidence to warrant an offset, and that such a finding of a hearing…

State v. Rasabout, 2015 UT 72 (August 14, 2015)

This case arose out of the severe sexual assault of plaintiff by an inmate participating in a work-release program operated by Utah County. The Utah Supreme Court held the Governmental Immunity Act barred the claim because the operation of a non-traditional…

Meza v. State, 2015 UT 70 (August 14, 2015)

A criminal defendant sought to withdraw his plea in abeyance under the Post-Conviction Relief Act based on his counsel’s alleged ineffective assistance in advising him that the abeyance plea had no immigration consequences. The Utah Supreme Court affirmed, holding that both…

Robinson v. Taylor, 2015 UT 69 (August 11, 2015)

The Court held, as a matter of first impression, that conduct resulting in a criminal conviction is inadmissible as impeachment evidence under Utah R. Evid. 608(b). Rather, the admissibility of that evidence is governed solely by Rule 609.

Smith v. United States, 2015 UT 68 (August 11, 2015)

This case arose out of allegations of medical malpractice and wrongful death. The federal district court certified two questions relating to the applicability and constitutionality of a cap on non-economic damages contained in Utah’s Malpractice Act. Addressing the constitutional question…