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State v. Wilkerson, 2020 UT App 160 (Nov. 27, 2020)

In this appeal from a restitution order requiring the criminal defendant to pay roughly $2,000 to Utah County for his pre-plea detention in the Utah County Jail, the Utah Court of Appeals held that the Pay-to-Stay Statute, Utah Code § 76-3-201(6),…

United States v. Silva, 981 F.3d 794 (10th Cir. Nov. 24, 2020)

On appeal from his sentencing for possession of a firearm by a restricted person, Silva challenged the trial court’s reliance on a twelve-year-old assault conviction to treat him as a “career offender” and substantially enhance his sentence.  On plain-error review,…

Schreiber v. Cuccinelli, 981 F.3d 766 (10th Cir. Nov. 24, 2020)

In this case, the Tenth Circuit addressed the issue whether an adopted child could be a “legitimated” child under § 101(b)(1)(C) of the Immigration and Nationality Act.  The Act expressly applies to children “adopted while under the age of sixteen years,”…

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Protecting Customers and Employees from COVID-19

By: Nathan R. Skeen

The pandemic has exposed a significant deficiency in most companies’ customer and employee safety/protection plans, and transportation companies are certainly no exception. This article is intended to define a transportation company’s general duties to its employees and customers as they relate to COVID-19 exposure.

Dahl v. Christensen, 2020 UT App 151 (Nov. 5, 2020)

The district court concluded that an attorney’s lien arising out of a divorce action was wrongful under the Wrongful Lien Act. Reversing, the court of appeals held that the lien was not wrongful, because it was based in part on…

In re Adoption of B.F.S., 2020 UT App 149 (Nov. 5, 2020)

This appeal arose from the district court’s denial of a Utah-based adoption agency’s uncontested petition for determination of rights and interests, and a temporary custody order, to facilitate the adoption of a child. The district court held that venue in…