In this bankruptcy appeal, the Tenth Circuit adopted the minority view that only affirmative acts to gain possession of, or to exercise control over, property of the estate violate the automatic stay.
Discussing the disclosure requirements for non-retained experts for the first time since the 2011 revision to the Utah Rules of Civil Procedure, the court of appeals held that the district court abused its discretion by allowing a party to present…
Faced with clear evidence that the defendant was evading service of process, the court of appeals upheld service by publication against a due process challenge, holding the plaintiff had been reasonably diligent in its efforts to serve the defendant.
In this appeal involving admissibility of evidence of the defendant’s past misconduct, the Supreme Court repudiated the “scrupulous examination” line of cases previously used to review decisions under Rule 404(b) of the Utah Rules of Evidence. Instead, “appellate courts should simply…
Appealing a conviction for aggravated robbery, the defendant argued that the juvenile judge should have been required to recuse herself for lack of impartiality under Utah’s Code of Judicial Conduct prior to binding the defendant over to stand trial as…
An employee of the IRS was struck by a co-employee while walking into work in the employer’s parking lot. The court held that because the accident occurred on the employer’s premises, in a parking lot dedicated to its employees, workers’ compensation…
Utah Code § 31A-22-303(1), which requires motor vehicle liability insurance policies to cover damages or injuries to third parties resulting from a driver’s unforeseeable loss of consciousness while driving, overrides the common law “sudden incapacity” defense and imposes strict liability in circumstances…
The validity of a contractual provision that released a business broker from any liability for the buyer’s reliance on its statements depends on allegations or proof of fraud, not on the breadth of the clause, repudiating a prior memorandum decision…
Decedent was required under a divorce decree to designate petitioner as his life insurance beneficiary until their minor children reached the age of 18, but he had violated the order and changed the beneficiary to his current spouse shortly before…
The defendant challenged the district court’s grant of summary judgment to the plaintiff on the first two elements of his slander of title claim—publication of a slanderous statement disparaging the claimant’s title and that the statement was false. The defendant…
