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State v. Hamilton, 2018 UT App 202 (Oct. 25, 2018)
In this securities fraud case, the State and defendant stipulated to $38,000 in restitution and a recommendation of no time in jail, based largely on defendant’s cooperation. The district court ordered defendant to serve jail time and pay restitution in…
Bodell Constr. Co. v. First Interstate Fin. LLC, 2018 UT App 199 (Oct. 18, 2018)
A jury found that the defendants defrauded the plaintiff by misrepresenting a real estate investment. On appeal, the defendants argued that they were entitled to a new trial because the court admitted prejudicial testimony regarding the details of a different…
State v. Martinez, 2019 UT App 166 (Oct. 18, 2019), State v. Bowden, 2019 UT App 167 (Oct. 18, 2019)
In these two criminal appeals, issued the same day, the court of appeals considered the defendants’ arguments that their convictions for felony discharge of a firearm should have merged with their convictions for attempted murder (Martinez) or attempted aggravated murder…
Warrick v. Property Reserve, 2018 UT App 197 (Oct. 12, 2018)
In affirming the summary judgment dismissal of a slip and fall claim, the court of appeals held that constructive notice of a dangerous condition should not be imputed when conjecture and speculation are the only ways to determine the length…
Dole v. Dole, 2018 UT App 195 (Oct. 12, 2018)
In this appeal of a judgment arising from a divorce proceeding, the court held that it lacked jurisdiction to address appellant’s argument that the lower court erroneously denied his post-trial motion because he filed his notice of appeal before the…
Utah State Tax Comm’n v. See’s Candies, Inc., 2018 UT 57 (Oct. 5, 2018)
The court held that section 59-7-113 of the Utah Tax Code is ambiguous regarding when it is “necessary” for the Tax Commission to allocate deductions between related entities to clearly reflect income. The court relied on federal case law interpreting…
Bank of America v. Sundquist, 2018 UT 58 (Oct. 5, 2018)
The court reevaluated its own prior interlocutory holding in the same case regarding the meaning of “located” in the National Bank Act, which permits a national bank to act as fiduciaries in any state if the law of the state…
Payan v. United Parcel Service, 905 F.3d 1162 (10th Cir. Oct. 4, 2018)
The plaintiff sued his former employer under Title VII and 42 U.S.C. § 1981, claiming racial discrimination and retaliation. After the plaintiff reported the discrimination to human resources, he was placed on an employee improvement plan, among other measures. On appeal…
Wasatch County v. Utility Facility Review Board, 2018 UT App 191 (Oct. 4, 2018)
Wasatch County appealed a decision by the Utility Facility Review Board ordering the County to issue a conditional use permit to Rocky Mountain Power for construction of transmission towers and lines, but the County failed to seek a stay of…