As a matter of first impression, the supreme court held that the “properly served” requirement of Utah Code § 76-5-108(1), which criminalizes violation of a protective order, requires that the protective order be served in accordance with Utah R. Civ. P….
On appeal from his conviction for being a felon in possession of a firearm, the defendant argued that his guilty plea was constitutionally invalid because the district court failed to inform him that a necessary element of the charged crime…
By: Keith A. Call
Let us all practice professional integrity in the fullest sense of those terms for the betterment of our clients and our society during these trying times.
Injured while battling a mulch fire, a firefighter sued the owner of the property where the fire started for gross negligence, intentional harm, and negligent infliction of emotional distress. On appeal from entry of summary judgment in favor of the…
The district court granted a writ of execution allowing Cougar Canyon Loan, LLC to foreclose on a malpractice claim owned by Cypress Fund, LLC. On appeal, Cougar Canyon argued that a party that benefits from malpractice should not be able…
Utah Business magazine has named 18 SCM attorneys as Utah’s Legal Elite for 2020. Every year, Utah Business honors those lawyers and firms that have been deemed the “Legal Elite” by their peers. Lawyers go through an extensive voting process…
In this appeal of a conviction for aggravated sexual assault and aggravated assault, the defendant argued that the State violated his constitutional rights under Brady v. Maryland, 373 U.S. 83 (1963) by failing to conduct a forensic evaluation of the…
After nearly ten years of litigation between a law firm and a former partner over distribution of litigation proceeds, the district court entered a directed a verdict against the partner on several claims, including a claim for fraudulent transfer. On…
On certiorari, the supreme court rejected the appellant’s constitutional challenges to Utah Code § 78A-7-118(8), which provides for a hearing de novo in the district court on justice court convictions, but forecloses further appeal unless the district court rules on the…
On certiorari, the supreme court held that expert testimony in a medical malpractice case was inadmissible under Rule 702, where the expert relied on “logical deduction” as the method for opining on medical causation, and where the opinion was based…
