In an action a surgeon brought against physicians for defamation and tortious interference with prospective economic relations, the surgeon urged a bad-faith exception to the peer review privilege contained in Utah R. Civ. P. 26(b)(1), and argued he was entitled…
On a certified question from the federal district court, the Utah Supreme Court declined an invitation to overturn St. Benedict’s Development Co. v. St. Benedict’s Hospital, 811 P.2d 194 (Utah 1991), which held that a plaintiff alleging intentional interference with…
The Tenth Circuit rejected a medical marijuana dispensary’s argument that it was a violation of its Fifth Amendment rights to require the dispensary to bear the burden of proving the IRS erred in applying 26 U.S.C. § 280E to disallow deductions…
In denying the petitioner’s petition for an extraordinary writ, the Court of Appeals held, as a matter of first impression, that Utah R. Crim. P. 2, regarding calculation of time, applies to the calculation of a term of probation. Applying…
The Utah Supreme Court clarified that its decision in Conatser v. Johnson, recognizing a public easement right to touch privately owned beds of state waters incidental to recreation, was based on common law which can be overridden by statute, and…
It looks like the City of Fort Collins, Colorado will just have to bear with bare breasts for now. Panicked by the prospect of partially nude protestors parading in the presence of pre-teens, the City banned women from baring their…
This appeal arose out of a post-divorce contempt proceeding. The parties’ mediation agreement required appellant to pay 50% of a tax obligation. Both parties mistakenly believed the other had paid the tax, and the decree of divorce made Wife solely…
In this appeal from an award of parent-time to a non-custodial parent, the Court of Appeals held that the lower court exceeded its discretion by awarding only minimum parent-time to an appellant father under the schedules in Utah Code §§ 30-3-35…
SCM is pleased to announce the addition of three new attorneys to the firm.
