Evaluating whether notice of removal was timely, the Tenth Circuit held, as a matter of first impression, that a pre-suit communication referencing the amount of purported damages does not trigger the notice period for seeking removal from state to federal…
This appeal arose from a trademark dispute over whether a manufacturer’s use of colors in its product packaging is a protected mark under section 43(a) of the Lanham Act. The Tenth Circuit held that the use of color in product…
In this appeal of a paternity dispute, the Supreme Court held the district court lacked jurisdiction to determine paternity under the Utah Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), where the child lived in Utah for eight days after…
The plaintiffs’ suit against Provo City was timely when initially filed, but the complaint was dismissed without prejudice because the plaintiffs failed to submit an “undertaking” or bond as required by statute. By the time the plaintiffs refiled, it was…
In this case, the Utah Supreme Court adopted a cause of action for parents’ right of filial consortium due to tortious injury to their minor child. The cause of action is derivative of the child’s cause of action. In order…
In an action to decide whether a trust deed survived when the trustee accepted title to the subject property in lieu of foreclosure, the Utah Court of Appeals held that once the trust deed has been released, the ancillary obligations…
The Tenth Circuit rejected the defense of qualified immunity in this case brought under 42 U.S.C. § 1983, involving the search of a vehicle following a traffic stop. The officers’ reliance on the fact the plaintiff was from Aurora, Colorado,…
The court affirmed the dismissal of this lawsuit against a resident of Japan for lack of general personal jurisdiction. The court held that the defendant’s pro se response to the complaint was not a responsive pleading, and therefore the defendant…
Best Lawyers®, the oldest and most respected peer-review publication in the legal profession, has named Max Wheeler the 2017 Bet-the-Company Litigation “Lawyer of the Year” in Salt Lake City.
Defense counsel argued that his client was denied his Sixth Amendment right to effective assistance of counsel, because counsel was not allowed to review classified documents prior to his client’s sentencing. The Tenth Circuit held that where defense counsel’s conduct…
