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Mower v. Baird, 2018 UT 29 (July 11, 2018)

The district court granted summary judgment to the defendant therapist, concluding that the therapist did not owe a duty to the non-patient parent who sued her.  The supreme court reversed this decision and remanded for further proceedings, holding that a…

Day v. Barnes, 2018 UT App 143 (July 27, 2018)

During a custody dispute, the mother sought permission from the court commissioner to relocate.  The commissioner recommended denial of the motion to relocate and the mother appealed.  The district court overruled the objection, stating that under Utah R. Civ. P….

State v. Argueta, 2018 UT App 142 (July 27, 2018)

This appeal from a criminal conviction involved what the defendant told—and more importantly, did not tell—officers on the night of the incident after he had been arrested.  Under Doyle v. Ohio, 426 U.S. 610 (1976), “it is ‘fundamentally unfair and…

Build v. UDOT, 2018 UT 34 (July 17, 2018)

The court repudiated an interpretation of a prior line of cases purporting to place limits on a successor judge’s authority to overturn a predecessor judge’s rulings.  The court held that a successor judge has the same authority as the predecessor…

Krahenbuhl v. The Cottle Firm, 2018 UT App 138 (July 12, 2018)

In this legal malpractice case, the plaintiffs filed an interlocutory appeal of the district court’s denial of their objection to a subpoena duces tecum issued by the defendant-counsel to successor counsel the plaintiffs had retained to continue their representation in…