Bajio was required to indemnify Hofheins for lease payments pursuant to their asset purchase agreement. Bajio failed to make the lease payments, and the property owner sued Hofheins. Hofheins then brought a third party action against Bajio for indemnification. Bajio…
The court vacated a restitution order against the defendant who was convicted of computer crimes for stealing and disseminating his bosses’ emails. The court held it was plain error for the district court to include in the restitution figure some amount…
The defendant conditionally pled guilty to possession of unauthorized credit cards with intent to defraud. Reversing the denial of the motion to suppress, the Tenth Circuit held that an officer unreasonably expanded the scope of an otherwise permissible traffic stop when…
In this case, the Utah Supreme Court held the doctrine of equitable conversion protects a buyer’s interests in land when a land sale contract becomes capable of specific enforcement by the buyer, including where buyer-friendly conditions have yet to be satisfied.
Farrell argued that Officer Montoya had violated her Fourth Amendment Rights by firing three shots at her minivan as she drove away from a traffic stop. The Tenth Circuit held that the officer was entitled to qualified immunity against a…
In this appeal from the district court’s dismissal for lack of personal jurisdiction, the Tenth Circuit provides a thorough overview of specific personal jurisdiction jurisprudence, including the three means by which a plaintiff may establish the requisite “personal direction” by…
By: Nathan A. Crane
An agent from the DEA is in your lobby, now what? There may be times when it is appropriate to surrender a DEA Registration, but do so only after careful consideration and consultation with an attorney. Nathan A. Crane addresses this question…
By: Nathan A. Crane
You are in the back of your clinic with a patient when you receive word that an investigator from the state medical licensing board is in your waiting room. What do you do? Listen to Podcast – How to handle state…
The defendant filed a petition for extraordinary relief arguing that the parole board violated his due process rights by classifying him as a sex offender and requiring that he complete sex offender treatment as a condition of his parole. The…
The Utah Worker’s Compensation Act has a provision that limits the time an injured worker has to prove a claim to twelve years from the date of the accident. Petitioners, two workers who sought permanent disability benefits more than twelve…
