In this negligence action against a railroad, a train engineer sought to recover for injuries allegedly caused by a train “bottoming out” while passing over rough track. The district court excluded the engineer’s expert witness on railroad track maintenance and…
Planning for your digital assets is similar to estate planning for other assets. There are multiple ways in which you can safely pass on your digital accounts.
The defendant raised a Fourth Amendment challenge asserting she had been seized because a reasonable person in her situation would not have felt free to end the encounter with the police and leave, especially when factoring in her subjective characteristics…
The following appellate cases of interest were decided by the Utah Tenth Circuit Court of Appeals.
The Tenth Circuit held that Utah’s second-degree aggravated-assault offense qualifies as a “crime of violence” under the elements clause in the federal sentencing guidelines. In doing so, it held that the Supreme Court’s decision in Voisine v. United States, 136…
This case arose from a dispute over a royalty agreement between a company that sold a health supplement and a buyer who asserted that the seller did not own the rights to the product as represented in the contract between…
This case involved an appeal from the district court’s reversal of the Salt Lake City Records Appeal Board’s determination that Salt Lake City should have granted a fee waiver to the Jordan River Restoration Network in connection with its GRAMA…
The following appellate cases of interest were decided by the Utah Court of Appeals.
The district court allowed an expert witness to provide opinions regarding causation of an injury despite the fact that the expert had not disclosed this opinion in his deposition. The court of appeals reversed and remanded, holding that when an…
Admittedly, naming backup parents can be a difficult process for you. The obvious reason is that no one wants to think about such a scenario.
