RADC was the successor coholder of the note that plaintiff Utah First had sued on. RADC had not been named as a plaintiff in the original complaint and was not added as a plaintiff until after the three-month statute of…
The plaintiffs in the wage dispute underlying this appeal are commercial truck drivers who claimed that their employer failed to pay them overtime wages under the Fair Labor Standards Act (FLSA) and the Colorado Minimum Wage Order (Wage Order). The…
A state employee claimed her former employer violated her right to free political association under the First Amendment. Among other things, the court held the McDonnell Douglas burden-shifting framework does not apply to First Amendment retaliation claims.
Plaintiff suffered severe burns after laser hair removal treatment. She timely brought claims against the technician operating the machine, but did not bring claims against the manufacturer until 10 months after the statute of limitations had run. The court affirmed…
This case involves a challenge to Utah’s bigamy statute. The Utah County Attorney appealed the district court’s order granting summary judgment in favor of the plaintiffs. The court held that because the Utah County Attorney’s Office had closed its file on…
The parties’ settlement agreement provided for division of the husband’s 401(k) plan based on the formula articulated in Woodward v. Woodward, 656 P.2d 431 (Utah 1982). Woodward, however, involved a defined benefit plan, not a 401(k) defined contribution plan, and…
Tenant successfully sued defendants for CO poisoning from malfunctioning furnace, and was awarded $1.95 MM in compensatory damages, and $22.5 MM in punitive damages. The court of appeals remitted punitive damages from $22.5 MM to $1.95 MM, finding the reduced amount…
