The plaintiff, who was paid above minimum wage, argued that her employer was required to turn over to her a share of all tips collected paid by catering customers. In support of this argument, she relied on a Department of…
The Utah Supreme Court held that an order of complete restitution as part of a plea in abeyance was a final, appealable order and the court of appeals had jurisdiction to hear such an appeal. The court emphasized the difference between a…
A criminal suspect involuntarily committed to a mental health facility by the state for reasons unrelated to the investigation is not in custody for Miranda purposes, because a reasonable suspect would feel free to end the interrogation, even if he or she could…
The plaintiff prisoner was forbidden from participating in group prayer with other inmates due to prior terrorist activity. The Tenth Circuit held that the Government cannot rely on Special Administrative Measures to demonstrate the state’s compelling interest required by RFRA, because…
In this appeal of denial of a post-conviction petition challenging a conviction for dealing in materials harmful to minors, the supreme court held the defendant had been deprived of effective assistance of counsel where his attorney failed to raise a First…
In this petition for judicial review of the Retirement Board’s order denying the petitioner retirement benefits, the Utah Court of Appeals interpreted the Utah Retirement System forfeiture statute, Utah Code § 49-11-501. It held that because “service credit requires both types of…
The court held that “[a] person violates Utah Code section 41-6a-517 if he or she operates or is in actual physical control of a motor vehicle with any measurable amount or metabolite of a controlled substance in his or her body.” Section…
In resolving two separate actions involving challenges to Amendment 64 of the Colorado Constitution (which legalized recreational use of marijuana), the 10th Circuit did not reach the question of whether Amendment 64 was preempted by the Federal Controlled Substances Act (CSA),…
The Utah Supreme Court announced a “strong presumption that legal malpractice claims are voluntarily assignable.” It explained that the public policy rationales relied on in other jurisdictions to support non-assignability are largely inapplicable or are not persuasive in this state given…
Pioneer Centres Holding Co. Employee Stock Ownership Plan & Trust v. Alerus Fin., N.A., 858 F.3d 1324, 1327 (10th Cir. June 5, 2017) The Tenth Circuit held that the plaintiffs have the burden to prove losses to a retirement plan resulting…
