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…
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….
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…
The plaintiff sued a bank for releasing funds in a trust account that belonged to the plaintiff’s clients in order to satisfy judgments against the plaintiff in two unrelated lawsuits. The district court dismissed these claims as time-barred by the…
In this legal malpractice action, the jury awarded the plaintiff $2.75 million in non-economic damages arising out of emotional distress. Vacating and remanding for a new trial, the supreme court held that the trial court erred in allowing the plaintiff…
In this wrongful termination case, a gym teacher alleged the school district terminated his employment in retaliation for letters in which the teacher asked a state court for leniency for his nephew. Reversing the district court’s grant of summary judgment…
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…
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…
This appeal arose from a qui tam action alleging violations of the False Claims Act (“FCA”) by a medical doctor who allegedly performed thousands of unnecessary heart surgeries and received reimbursement through the Medicare Act by certifying that the surgeries…
The court dismissed this appeal on mootness grounds without reaching the merits of the dispute over whether UTA supervisors had collective bargaining rights. The court held that the controversy became moot when the supervisors held an election and voted not…
