The plaintiff ordered from a wine vendor with Chase Bank credit cards. He then paid off the balance on the credit cards. While delivery was pending, the wine vendor filed for bankruptcy and failed to deliver almost $1 million worth…
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…
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…
In this civil rights appeal, the Tenth Circuit clarified the standard that applies to a motion to set aside a consent decree under the equity prong of Rule 60(b)(5) of the Federal Rules of Civil Procedure. The Tenth Circuit held the…
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…
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…
The Tenth Circuit held, as a matter of first impression, that entities engaged in non-judicial foreclosures are not considered “debt collectors” and are not governed by the Fair Debt Collections Practices Act.
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…
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…
The Labor Commission issued a notice of violation of regulations to the plaintiff by sending the notice via FedEx with return receipt requested. The plaintiff argued the use of FedEx rendered the notice insufficient to trigger the applicable thirty-day statute…
