A plaintiff sued her former employer under a theory of common law wrongful termination. Applying the test laid out in Retherford v. AT&T Communications of Mountain States, Inc., 844 P.2d 949 (Utah 1992), the district court concluded that the Utah…
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The supreme court identified variables bearing on a claim of constructive notice for temporary unsafe conditions in a premises liability case, including “the number of people using the premises, the frequency of use, the nature and prominence of the defect,…
This case discusses application of the “stop-time” rule when determining qualification for a remedy known as “cancellation of removal,” which allows noncitizens to avoid removal under certain circumstances. As a matter of first impression, the Tenth Circuit held that the…
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The appellee argued that the appellant had waived its right to appeal because it had fully satisfied the district court’s monetary judgment against it. Applying the exception articulated in Utah Resources International, Inc. v. Mark Technologies Corp., 2014 UT 59,…
On a petition for writ of certiorari, the supreme court reversed the court of appeals’ ruling that the criminal defendant received ineffective assistance of counsel when his trial counsel did not object to the use of the undefined term “indecent…
In this divorce action, the district court, among other things, declined to award the husband (Goodwin) alimony. During the marriage, the parties lived in a home the wife (Petrzelka) had purchased previously and they kept their finances separate sharing in…
Affirming revocation of a driver’s license, the court held that withholding consent to take a breathalyzer test until the driver’s lawyer is present constituted conditional consent, which is considered a refusal to test under applicable statutes and case law.
The appellant argued the juvenile court committed legal error by relying on transcripts from a separate criminal proceeding when substantiating a DCFS finding of sexual abuse. In addition to noting that the juvenile court relied on other evidence besides paper…