In this dispute over an operating agreement, the Utah Supreme Court affirmed the district court’s grant of a motion in limine excluding the plaintiff’s damages evidence. The plaintiff failed to comply with the damages disclosure requirements of Rule 26, where…
On a habeas petition, Kell asserted two new claims after his initial petition was filed. The district court stayed one of the new claims to allow exhaustion in state court while the remaining claims proceeded. The Government filed a notice…
In this administrative appeal, Nielsen argued that the Utah Retirement Board erred when it concluded that she could not continue participating in a non-contributory plan offered through Utah Retirement Systems, because she failed to make an election at the time…
The court of appeals reversed the defendant’s conviction for assault and possession of a dangerous weapon by a restricted person on the basis the district court applied the wrong standard in admitting prior act evidence under the doctrine of chances….
The defendant argued that the testimony of plaintiffs’ non-retained expert on the issue of valuation should have been excluded at trial because the expert was not properly disclosed under Utah R. Civ. P. 26(a)(4)(E). In rejecting this argument, the court…
In this domestic case, the appellant argued that a post-decree reduction in medical expenses should result in a decrease of child support. The court of appeals clarified that the statute at issue, which allowed an adjustment to child support based…
Majority shareholders of a closely-held S corporation appealed an adverse tax decision. The Internal Revenue Service disallowed deductions based on contributions to an employee stock ownership plan (ESOP). Discussing general principles applicable to trusts and ERISA, the Tenth Circuit affirmed…
The Tenth Circuit considered when and how a government entity violates Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act: whether only when it initially constructs or creates a non-compliant service, program, or activity;…
By: Keith A. Call
While noting the many strengths of Utah’s attorney discipline system, the ABA recommended specific reforms designed to increase public trust and confidence in the system as well as the speed and efficiency of the process.
While executing a search warrant for evidence of computer fraud, federal agents discovered child pornography on certain disks in the defendant’s home. Setting those disks aside, the agents continued their search for evidence of computer fraud. The Tenth Circuit affirmed…
