In what appears to be a matter of first impression, the Court of Appeals held that an insurance company does not have standing to bring a subrogation action in its own name. Any such action must be brought in the name of…
By: Nathan A. Crane
Mass incarceration in this country has become an epidemic over the past 30 years. One of the major factors that have contributed to this widespread problem has been the war on drugs. Mandatory minimum statutes were created as part of the war on drugs and, as a result, prisons have been inundated with thousands of non-violent low-level drug offenders.
In this employment dispute, the district court held that the plaintiff’s discharge was not unlawful because she was an at-will employee. The Court of Appeals reversed, holding (1) the company’s employee manuals created a triable issue of fact whether it “intended…
The district court granted summary judgment in favor of defendant law firm in this malpractice action. Plaintiff attempted to oppose the motion by seeking additional time under Rule of Civil Procedure 56(d). Affirming, the Utah Court of Appeals held that the…
Parallel to the parties’ divorce proceeding, husband sued wife and third parties for fraud, breach of fiduciary duty, and civil conspiracy. The district court granted defendants’ motion to dismiss and motion for summary judgment. The Utah Court of Appeals affirmed….
The Utah Supreme Court reaffirmed the implication of its prior decisions regarding how and when a party acquires title under the doctrine of boundary by acquiescence, and expressly held that the doctrine confers title by operation of law at the…
The United States argued for the first time on appeal that evidence of a firearm was admissible under the attenuation doctrine, as established in Utah v. Strieff, a 2016 United States Supreme Court decision issued after the appeal was filed. Although…
In the underlying case a patient sued her plastic surgeon for publication of private facts and other claims when pre- and post-operative photographs of her were aired on the evening news. The Utah Supreme Court adopted a new element from section…
The Utah Court of Appeals affirmed the district court’s order quashing a writ of garnishment against the Utah Unclaimed Property Division to obtain property held by the division but purportedly belonging to the debtor, holding that it was barred by the…
When President Barack Obama spoke in his final State of the Union, he did not do what is typical and offer a laundry list of policies that he wants Congress to enact in his final year. He must have realized that with a Republican House and Senate, such pleas would fall on deaf ears.
