In this civil rights lawsuit, an inmate alleged that the defendant police officers used excessive force during his arrest, and that correction officers were deliberately indifferent to a jail-house beating he suffered. The court applied a subjective intent standard to…
In this interlocutory appeal, the Tenth Circuit addressed the scope of pendent appellate jurisdiction and the circumstances in which a claim under 42 U.S.C. § 1983 can be maintained against a municipality without establishing a violation of the plaintiff’s constitutional rights…
In this divorce, the district court dismissed a petition to modify for both failure to state a claim and failure to employ dispute resolution procedures. The court of appeals reversed the rule 12(b)(6) dismissal on the basis that the lower…
The court held that the nonrecovery provision of Utah Code § 58-55-604 (which limits a non-licensed contractor’s ability to sue) 1) creates an affirmative obligation of the plaintiff which is not a waivable affirmative defense; and 2) allows unlicensed contractors to sue even…
In a combined appeal involving petitions to nullify two sets of construction liens on a condominium project, the court of appeals reversed the district court’s decision granting a petition to nullify one lien and affirmed the other. On an issue…
The plaintiff asserted that his former employer wrongfully terminated him in violation of public policy for asserting a worker’s compensation claim. The district court granted summary judgment in favor of the employer. As a matter of first impression, the court…
By: Samuel Alba
SC&M’s Sam Alba joins UCLI as Fiduciary Board Member. UCLI’s mission is to realize the values that comprise the foundation of our American legal system – fairness, representation, access to justice, and equality before the law, among others – it is imperative that the legal profession be reflective of the communities it sets out to serve.
UDAK Properties LLC v. Canyon Creek Commercial Center LLC, 2020 UT App 163 (Dec. 10, 2020), UDAK Properties LLC v. Spanish Fork, UT Realty LLC, 2020 UT App 164 (Dec. 10, 2020) The court affirmed the district court’s grant of…
After a shank was found in the cell he shared with another prisoner, Gallegos was tried and convicted for felony possession of a dangerous weapon. On appeal, Gallegos challenged the admission of evidence showing he previously possessed a nearly identical…
By: Keith A. Call
Ruth Bader Ginsberg left a legacy far greater than just her judicial opinions. In an age of ideological polarization and high levels of social contention, she somehow mastered the art of vigorously promoting her views while, at the same time, reaching across ideological divides to make personal, meaningful connections, never losing sight that another person’s views do not make him or her a bad person.
