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…
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…
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…
In this worker’s compensation case, a bus driver suffered two injuries, approximately four-and-a-half years apart, both of which required spinal surgery. To show a causal connection between an industrial accident and subsequent injury, the claimant must show that the workplace injury…
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…
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…
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…
The Tenth Circuit held that a district court order remanding a case to state court on the basis that the defendants did not unanimously join or consent to removal is patently unreviewable.
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.
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…
