An acquaintance of the defendant told police that the defendant admitted to killing the victim, but at trial the acquaintance testified that he had no recollection of making this statement. The trial court admitted a recording of the acquaintance’s statement…
After the husband obtained a judgment against his ex-wife in their divorce proceeding due to her failure to convey real property the divorce court had awarded to him, the husband brought this suit against his wife and daughters alleging fraudulent…
The defendant asked to withdraw his guilty plea, arguing that it was not knowingly and voluntarily made due to misleading statements made by the prosecution that had undermined the voluntariness of the plea. The court of appeals agreed, holding that…
The court answered a certified question from the federal district court regarding whether Utah Code § 78B-2-201(1) and its predecessors are statutes of limitations or statutes of repose. The court held that these statutes are statutes of repose by their…
This was an appeal from a district court’s decision to remand a case after concluding that the defendant had waived its rights to remove. The 10th Circuit affirmed, holding that by filing a motion to dismiss in state court, even only…
This case involved a dispute over the interpretation of Utah’s Permanent Disability Statute (Utah Code § 34A-2-413). The statute requires an employee to satisfy six elements to be considered permanently disabled. One of the elements is that the injury “limit…
The court of appeals reversed the district court’s decision not to terminate alimony, which was based on the district court’s conclusion that the wife was not “cohabitating” with her boyfriend, with whom she lived. The district court erred in considering…
In this divorce case, the wife had estimated her housing needs for the purpose of alimony. The trial court rejected her estimate based on its concern that she may not be able to continue living with a friend and, as…
The plaintiff–employee appealed the district court’s grant of summary judgment in favor of the defendants on her failure-to-accommodate claim under the American’s with Disabilities Act and her genetic information discrimination claim under the Genetic Information Nondiscrimination Act. In evaluating the…
