The court of appeals affirmed the district court’s decision requiring the husband to reimburse the wife for her expenses incurred during a 22-month divorce proceeding in an amount of that exceeding what the wife earned and what the husband advanced…
Terry was convicted by a jury of domestic violence in front of a child but was acquitted of the predicate offense of domestic violence assault. The supreme court invalidated the conviction as a legally impossible verdict, explaining that both charges…
Denezpi, a Navajo tribal member, was prosecuted twice – first by Ute Mountain Ute tribal authorities in a Court of Indian Offenses, or “CFR” court, overseen by the Department of the Interior; and later by federal prosecutors in a United…
The court of appeals affirmed summary judgment to the defendants in this medical malpractice action, including dismissal of the plaintiff’s informed consent claim. The court interpreted the informed consent statute, Utah Code § 78B-3-406, and concluded that the requirement to…
The Tenth Circuit held, as a matter of first impression, that the district court committed error when it delegated the authority to determine the maximum number of non-treatment-program drug tests taken by the defendant during supervised release to a probation…
The court of appeals affirmed the district court’s grant of summary judgment dismissing a condemnation action. In doing so, the court held the notice and opportunity to be heard requirements of § 78B-6-504(2)(c) are strict requirements. And, in the context…
In this water right dispute, the Utah Supreme Court clarified that a plaintiff asserting an interference claim “must establish that: (1) they have an enforceable water right, (2) their water right is senior to the defendant’s water right, (3) their…
On certiorari, the court affirmed the court of appeals’ decision that the trial court did not plainly err in its handling of the State’s reports of a juror who fell asleep at trial. However, the court clarified that when a…
If civil defense attorneys and others squaring off against non-retained experts properly take advantage of the holding in Luna I, they can potentially save their clients thousands of dollars in avoided expert fees.
In this criminal appeal, the Utah Supreme Court addressed a line of Utah cases, including State v. Webb, 779 P.2d 1108 (Utah 1989) and State v. Ramsey, 782 P.2d 480, 484 (Utah 1989), which suggests that a conviction based solely…
