In this criminal appeal, the Utah Supreme Court extended its holding in State v. Lucero, 2014 UT 15, 328 P.3d 841 to the examination of Rule 404(c) evidence under Rule 403 of the Utah Rules of Evidence. In Lucero, the Court had…
The Court of Appeals held that the district court applied the wrong legal standard when it dismissed a complaint based on a plain-language reading of the forum-selection clause without considering whether alleged fraud or overreaching made it unfair or unreasonable to…
The district court excluded expert testimony proffered in support of a personal injury claim failed to meet the requirements of Rule 702, because it merely established a chronology between the accident and injury without sufficiently analyzing the causal relationship. While recognizing…
The appellants filed a post-judgment motion to amend the district court’s findings and judgment under Utah R. Civ. P. 52 and 59, which the district court denied and concluded was, in substance, a disfavored post-judgment motion to reconsider. Appellants filed…
This appeal arises out of a Chapter 7 bankruptcy petition where the debtor’s ex-wife filed a proof of claim in the bankruptcy proceedings for a “domestic support obligation” in the amount of nearly $350,000. The Tenth Circuit held that a judgment…
Even though fulfillment of the provision depended on something outside the contracting party’s control, the Court held that a provision in a real estate purchase contract that required a plat to be recorded was unambiguously a mandatory covenant because the parties…
Satellite companies brought constitutional challenges against a statute that created a tax credit favoring cable companies. Surveying constitutional jurisprudence, the Utah Supreme Court held the tax credit statute did not trigger strict scrutiny under the dormant Commerce Clause, where the statute…
We are representing a global bicycle manufacturer and distributor sued in Utah District Court for trademark infringement. Plaintiff is a Utah company that manufactures wheels, forks, seat posts, handlebars and stems along with composite tubes for custom bicycle frame builders….
We are representing a global healthcare manufacturer of prescription medicines, vaccines, biologic therapies and animal health products. One of the client’s painkillers was associated with an increased risk of heart attack and stroke, and the manufacturer stopped selling the drug…
We defended a civil RICO matter filed in the Central District of California at Los Angeles.
