In this murder case, the defendant asserted the right to use force to defend his home pursuant to Utah Code § 76-2-405. The Court of Appeals held that the statutory presumption of reasonableness of the force used is rebuttable by a…
The provision of reunification services by the Department of Child and Family Services is subject to the Americans with Disabilities Act, and an alleged violation of the ADA in connection with reunification services may be raised as a defense or…
In a case alleging violation of the Controlled Substance Enforcement Act, it was plain error to allow the jury to infer that defendants had knowledge of the chemical structure of incense from their knowledge that the incense had similar effects as…
The Tenth Circuit held a class-action defendant lacked Article III standing to challenge an award of $40 million in attorney fees to plaintiffs’ counsel.
The Supreme Court interpreted Utah Code § 78B-5-202(7)(a), regarding when a judgment entered by a district court or justice court becomes a lien upon real property. The Court held that only a final judgment qualifies as a lien under this provision. The…
Appealing the denial of a motion to compel arbitration, appellant argued that appellee should be estopped from avoiding arbitration, because appellant’s counterclaims were based on the same facts, relationships, and dispute as appellee’s claims. The Court of Appeals rejected the argument…
A DEA agent boarded a train at a stop, went to a luggage car, pulled a bag with no name tag, then carried it through the passenger car asking people if it was theirs. Everyone, including the defendant, denied ownership….
A criminal defendant appealed from an order of restitution following a plea in abeyance. The Court of Appeals held that a plea in abeyance is not a final, appealable judgment, and that an order of restitution following a plea in abeyance…
Former county sheriff appealed criminal conviction for violating victim’s constitutional rights. On appeal, the Tenth Circuit considered whether the sheriff used unreasonable force or conducted a lawful arrest when the sheriff, who was not in uniform, chased the victim in…
The Tenth Circuit affirmed the dismissal of the lawsuit for lack of diversity jurisdiction, holding as a matter of first impression that a master limited partnership’s citizenship is the citizenship of all of its unit holders, and not its state of…
