In this action under Utah’s Fraudulent Transfer Act, a judgment creditor sought to undo the purportedly fraudulent modification of an agreement between the judgment debtor and its successor. After trial, the jury deadlocked and both parties renewed their prior Fed….
In this appeal, the court of appeals clarified the application of the “transactional test” used to determine whether claims are the “same claims” for purposes of claim preclusion: “the relevant question [for claim preclusion] under the transactional test is whether…
For the first time in a published decision, the Tenth Circuit held that a district court assessing a violation of a supervised release during sentencing may consider recidivist enhancements. In doing so, the Tenth Circuit clarified that the maximum punishment…
Castro v. Lemus, 2019 UT 71 (Dec. 19, 2019), Hinkle v. Jacobsen, 2019 UT 72 (Dec. 19, 2019), Olguin v. Anderton, 2019 UT 73 (Dec. 19, 2019), Mackley v. Openshaw, 2019 UT 74 (Dec. 19, 2019) Under Utah’s Uniform Parentage…
This appeal arose from the district court’s denial of a mother’s petition to modify a stipulated divorce decree to give her sole custody of her daughters. The mother argued that the district court erred by not accepting a lesser showing…
This appeal was the result of the demise of Training Table restaurants in Utah. In the trial court, Stephanie Chard and her father, Kent Chard, filed competing claims relating to corporate control over the restaurants, among other things. Relevant here,…
The supreme court “granted certiorari in this case to address whether a law firm that deposited funds from a client into its trust account is a ‘transferee’ under the” Uniform Fraudulent Transfer Act. The court of appeals had answered the…
