Appealing the grant of a civil stalking injunction, the defendant argued the district court erred in considering an incident involving the defendant brandishing a gun against a non-party with connections to the plaintiff. Affirming, the Court of Appeals held that…
Prior to this case, a party could receive a preliminary injunction by showing that the case presents a serious and important question, if a strong showing is made that the other elements of the preliminary injunction test are met. In…
The Executive Director of the Utah Department of Environmental Quality dismissed a request for agency action. Rather than addressing alleged deficiencies in the Executive Director’s final order in their opening brief, the petitioners instead challenged underlying steps in the agency…
An individual, acting as personal representative and sole heir of her deceased husband, brought an action against herself for negligently causing her husband’s death. The Utah Supreme Court held that the wrongful death and survival action statutes unambiguously allow a person…
The Tenth Circuit held that the testimony of a Rule 30(b)(6) witness is merely an evidentiary admission, rather than a judicial admission. The plaintiff challenged the district court’s refusal to instruct the jury that it was required to reject the trial…
After taking his ex-girlfriend’s purse, the defendant fled the scene. His ex-girlfriend dove into his vehicle’s passenger window and climbed in while the defendant continued to drive. The defendant was subsequently convicted of aggravated robbery based upon the use of…
The district court granted a motion to suppress evidence obtained while a warrant application remained pending. The Court of Appeals reversed based upon the inevitable discovery doctrine and a four-factor test articulated by the Tenth Circuit. Reversing the Court of…
This appeal involved a post-judgment motion to modify the 1910 Morse Decree, the final decree that adjudicated the right to use the waters of Little Cottonwood Creek. The district court denied the post-judgment motion to modify, holding it did not…
A group of unsuccessful voter registration applicants brought suit against the state of Kansas, alleging that the state’s law requiring documentary proof of citizenship was preempted by the National Voter Registration Act (NVRA). The Tenth Circuit agreed, holding that the NVRA’s…
The Utah Supreme Court reaffirmed that in order to qualify for certification under Rule 54(b), a decision must constitute a “judgment as to one or more but fewer than all of the claims or parties” at issue in the case. Because…
