In this suit over an employment contract, the defendant asserted a counterclaim, seeking a setoff (but no net damage award). Neither party prevailed on their claims at trial. The court of appeals held that, although he had not prevailed on his…
The court reconciled two seemingly conflicting provisions of Utah’s underinsured motorist coverage statute: one saying that underinsured motorist coverage is “secondary to the benefits provided by” workers’ compensation; and the other saying that underinsured motorist coverage “may not be reduced…
In this direct criminal appeal, the defendant argued that the loss or destruction of video footage of the assault for which she was charged violated her due process rights. The court applied the due process analysis applicable to such a…
This appeal arose out of a conditional plea entered after the district court concluded that evidence of similar prior acts involving the defendant and other victims was admissible under the doctrine of chances. The supreme court held that the doctrine of…
The court of appeals affirmed the dismissal of an attorney’s defamation complaint against a former client who posted an unfavorable review online. The court analyzed the review in detail and concluded that the majority of the statements in it could…
Discussing experiential expert testimony, the court of appeals held the district court did not abuse its discretion in excluding excerpts of an expert’s deposition, where the expert failed to explain how prior experience supported the particular opinion at issue.
The defendant pled guilty to a felony drug charge, and agreed to be sentenced in accordance with a sentencing range established by the Sentencing Commission. After the sentencing, the Sentencing Commission lowered the sentence range. The 10th Circuit held that if…
The court of appeals affirmed the dismissal of the appellants’ claims for premises liability and negligence arising from an accident in a West Valley City swimming pool, concluding that the appellant failed to sufficiently plead a waiver of immunity under…
After filing suit against BOSC in state court, the Board voluntarily dismissed the suit and sought to enforce an agreement to arbitrate. BOSC opposed, arguing the Board had waived its right to arbitrate by filing the suit. The Court held…
The district court dismissed three section 1983 claims and five state-law claims for lack of standing. On appeal, the Tenth Circuit held that (a) the plaintiff lacked prudential standing to assert due process or takings claims that belonged to a prior…
