Plaintiff attempted to serve two supplemental disclosures addressing damages and naming witnesses over a year after the discovery cutoff. The district court struck both disclosures. Affirming, the Court of Appeals held Utah R. Civ. P. 26(a) and 37(f) govern the sanction…
Although acknowledging that the Utah Supreme Court has never recognized a reverse-piercing claim, the court predicted that Utah courts would apply reverse veil-piercing against corporate defendants to hold them liable as alter egos of the defendant, who failed to pay a consent…
The court affirmed the lower court’s decision that arguments in a reply brief were proper rebuttal because they addressed a subject matter raised in the opposition, even though the reply did not rebut any specific arguments. The court declined to decide whether…
Rocky Mountain Power did not wish to sell land the City needed to complete its Westside Railroad Realignment Project, but agreed to transfer the land to the City if the City would make alternative property available. The City condemned Evans’…
The plaintiff in this negligence action sued a four-year-old child she was babysitting for throwing a toy at her and striking her in the eye. The court followed the Restatement (Third) of Torts and held that children under the age of…
This lengthy decision arose out of various tort claims brought against the UEP Trust. Among other things, the Court (a) held a trust could be liable for the acts of a trustee acting within the scope of the trustee’s responsibility under…
Employee of subcontractor was hurt when scaffolding fell on him. He filed civil claims against the general contractor. The general contractor asserted Workers’ Compensation Act immunity pursuant to the “eligible employer” statute, which requires that the contractor “secure[] the payment…
Massachusetts company that recruited Texas employee of Utah company lacked sufficient contacts with Utah to support specific or general jurisdiction here. The court scaled back the “effects” test of Pohl, Inc. of America v. Webelhuth, 2008 UT 889, 201 P.3d 944,…
On appeal from the denial of a motion to suppress, defendant argued that a “No Trespassing” sign effectively revoked the officer’s implied license to approach the residence for a knock and talk. Evaluating the overall context and the message that…
UDOT did not respond to the plaintiff’s notice of claim within 60 days, which is deemed to be an automatic denial under the Utah Governmental Immunity Act. However, UDOT sent the plaintiff an actual denial letter several months later. The…
