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Lee v. Williams, 2018 UT App 16 (Jan. 25, 2018).

The district court dismissed the plaintiff’s medical malpractice claim on statute of limitations grounds after the jury found she knew that she “might have sustained an injury” more than two years before she filed her complaint. The Court of Appeals…

Vered v. Tooele Hosp. Corp., 2018 UT App 15 (Jan. 25, 2018).

This case involved an unsuccessful assertion of privilege.  The district court ordered production, notwithstanding a party’s claim that the care-review privilege applied.  The Court of Appeals affirmed, clarifying that Rule 26 of the Rules of Civil Procedure requires a party to…

Zimmerman v. Univ. of Utah, 2018 UT 1 (Jan. 23, 2018).

In this case, the Utah Supreme Court declined to answer two questions certified by the United States District Court for the District of Utah.  Both questions implicated the free speech clause of the Utah Constitution.  Expressing concern about the briefing, the…

State v. Ellis, 2018 UT 2 (Jan. 23, 2018).

In this appeal from a conviction following a jury trial, the Utah Supreme Court addressed the circumstances required to render a witness unavailable under Rule 804 of the Utah Rules of Evidence.  It held the district court erred in determining…

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Defendants are entitled to a fair trial and due process

Regardless of how you might feel about defendants, they are entitled to a fair trial under the Fifth and Sixth Amendments. That includes a prosecution that produces all material information within its possession, custody or control that could bear on…

Venuti v. Cont’l Motors Inc., 2018 UT App 4 (Jan. 5, 2018).

The Court of Appeals reversed the district court’s determination that it had personal jurisdiction over the nonresident defendant, a manufacturer of a helicopter motor, in this lawsuit arising from a deadly crash.  After a thorough analysis of the “stream of…