Applying principles of contract interpretation, the court of appeals held that the presumption of automatic termination of alimony upon remarriage did not apply, because the decree not only omitted remarriage as a terminating event, but also contained a series of…
A former employee seeking to sue the University of Utah delivered a putative notice of claim to the University’s general counsel and, two months later, delivered another to the Attorney General’s authorized agent as required by the Utah Governmental Immunity…
As a matter of first impression, the supreme court held that the Office of Recovery Services could assert a lien only on the portion of a personal injury settlement that reflected past medical expenses. In doing so, the court observed…
The Utah Insurance Code suggests that the existence of an agency relationship turns on whether an insurance salesperson is a “producer for the insurer” or a “producer for the insured.”
Defendants appealed a multi-million dollar verdict based on violations of 42 U.S.C. § 1983. The court reversed and remanded for a determination of the appropriate setoff based on settlement amount paid by a former co-defendant. In doing so, the court held…
Plaintiff filed a civil rights lawsuit in federal court against Iron County and Iron County’s attorney in his official capacity. On a motion to dismiss, the federal court dismissed the federal claims with prejudice and the state claims without prejudice….
The supreme court affirmed the district court’s dismissal of the plaintiff’s medical malpractice claim against the University of Utah based on the plaintiff’s failure to timely file a notice of claim as required by Utah’s Governmental Immunity Act. The Court…
The district court initially granted summary judgment to the State dismissing this PCRA petition, but that ruling was reversed and remanded for an evidentiary hearing to determine whether appellate counsel was ineffective for not raising the argument that trial counsel…
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