Ruth A. Shapiro Named 2018-2019 UDLA Legacy Award Winner

The “Legacy Award” is given to those who give excellent and distinguished service in the defense of insurance companies or their insureds.

Sumsion v. J. Lyne Roberts & Sons, Inc., 2019 UT 14 (April 26, 2019)

The Supreme Court held that a contractor that created an artificial condition on land of another may owe a duty of reasonable care to the employees of the land owner.  The Supreme Court held that Restatement (Second) of Torts §§ 385,…

State v. Ahmed, 2019 UT App 65 (April 25, 2019)

This appeal arose out of the intersection between privilege and the Confrontation Clause.  Provisionally reversing the conviction, the Court of Appeals held that the district court erred in denying the defendant access to a surveillance location, which was not privileged. …

Bloom Master Inc. v. Bloom Master LLC, 2019 UT App 63 (April 25, 2019)

In this case involving a claim the buyer breached a promissory note by underpaying, the Court of Appeals reversed the district court’s order granting summary judgment to the buyer based on a provision of a promissory note allowing an unspecified…

Government Entities – Case Law Update, April 2019 (2nd update)

By: Heather S. White

This summary is written by Heather White and is for informational purposes only.   Taylor v. City of Saginaw Today, the Sixth Circuit Court of Appeals ruled that using chalk on tires for parking enforcement violates the Fourth Amendment of the…

H.B. 311 Governmental Immunity Revisions

By: Heather S. White

Attorney Heather S. White’s PowerPoint presentation, H.B. 311 Governmental Immunity Revisions   View presentation here

Cox v. Hefley, 2019 UT App 60 (April 18, 2019)

In this domestic case, the appellant argued the district court erred in entering a modified decree of divorce contained provisions authorizing a third party neutral to restrict parent time.  The court of appeals rejected this argument, and it held that…

Nelson v. City of Albuquerque, 921 F.3d 925 (10th Cir. April 16, 2019)

The defendants filed two motions to alter or amend a civil judgment under Fed. R. Civ. P. 59(e) that were decided by different judges.  After the first judge denied the first motion, he retired and the court reassigned the case…

2019 Legislative Updates Law Enforcement

By: Heather S. White

Attorney Heather S. White’s 91-page PowerPoint presentation, Legislative Updates 2019 – Law Enforcement View the pdf here

Luna v. Luna, 2019 UT App 57 (April 11, 2019)

The plaintiff was injured in a car accident while his sister was giving him a ride to work. He sued his sister and the other driver, claiming both were negligent.  The plaintiff testified unequivocally in his deposition that his sister…