After observing a probationer step into the defendant’s car in violation of her 11:00 p.m. curfew, two police officers called the probation officer. The probation officer asked the officers to approach the probationer to “find out what’s going on,” which…
In this divorce case, the Court of Appeals reversed the temporary support order and alimony award because the district court failed to make specific, detailed findings regarding expenses. The Court also held a property division order which set no minimum monthly payment,…
This appeal centered on a notice of claim provision contained in the Governmental Immunity Act of Utah. The district court held that “it is not unreasonable that [the plaintiff] might take a month or more to identify the entity responsible…
This case serves as a warning and reminder to litigants about the effect of the two dismissal rule under Utah R. Civ. P. 41(a). Yknot voluntarily dismissed claims that it filed against Stellia twice – once in federal district court and…
By: Nathan A. Crane
SCM congratulates Sam Alba on his new appointment to the Utah Indigent Defense Commission.
The board of an owners’ association for an industrial park sued some of its members for breach of the governing CC&Rs after they built a cell phone tower on their lot, despite having been denied permission from the board to…
Samuel Alba, Nathan Crane, and Richard Van Wagoner have been named as Legal Elite in the criminal law field.
By: Nathan A. Crane
In the June 2016 issue of The Atlantic, Matthew Shaer discussed the fallibility of seemingly infallible: DNA evidence.
On a certified question from the Tenth Circuit, the Utah Supreme Court clarified the measure of damages for breach of an oil and gas lease. The Court held expectation damages for breach of an oil or gas lease should be treated…
By: Nathan A. Crane
On Thursday, June 9th, 2016, the Supreme Court held in Rocky Dietz v. Hillary Bouldin (case no. 15-458) that a federal district court has the limited power to rescind a jury discharge order and recall a jury for further deliberations in civil cases after identifying an error in the verdict.
