In this boundary dispute case, the Utah Supreme Court held that Utah’s boundary by acquiescence doctrine does not require a claimant to prove occupancy on both sides of a visible line, so the non-claimant’s occupancy is “immaterial to the occupation element.“…
The plaintiff was represented by a lawyer who worked for two different law firms while the case was pending. After the lawyer switched firms, the first firm asserted a lien on a portion of the settlement funds by filing a…
The Utah Court of Appeals held that Salt Lake City did not have the necessary notice to be liable for a pothole in a residential city-owned street that the plaintiff tripped over. Despite evidence that the pothole had existed for…
The Court of Appeals held that it was clear error for the trial court to determine that the parties’ negotiations created an enforceable settlement agreement based on a signed term sheet, where a recording of the meeting evidenced that the parties…
Defendant appealed his conviction for discharging a firearm causing serious bodily injury. The victim of the gunshot wound testified at a preliminary hearing but left the country prior to trial. The Court of Appeals held the admission of victim’s preliminary…
The Injured Workers Association of Utah and several of its member attorneys challenged the constitutionality of the statute delegating to the Labor Commission authority to regulate fees awarded out of a compensation award to attorneys representing injured workers in a…
Upon moving to Oklahoma ten years after a conviction for sexual assault in Texas, the plaintiff became subject to the Oklahoma Sex Offender Registration Act, which requires regular reporting and limited the places that the plaintiff can live and be….
After first assisting USA Power in obtaining water rights for its bid for a contract to build a power plant, a lawyer later assisted PacifiCorp in obtaining different water rights for its own bid, and PacifiCorp was ultimately awarded the…
Juvenile court concluded previous guardian lacked standing to request reunification. The Court of Appeals disagreed, concluding that a permanent guardian possesses standing to seek reunification services under Utah Code § 78A-6-312.
In this criminal case, the defendant appealed a denial of a motion to set aside an order of restitution entered by the Utah Board of Pardons and Parole. The Court of Appeals held that Utah Code § 77-27-6(4) does not give…