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Hooks v. Atoki, 983 F.3d 1193 (10th Cir. Dec. 29, 2020)

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…

Miller v. Miller, 2020 UT App 171 (Dec. 24, 2020)

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…

R4 Constructors v. Inbalance Yoga, 2020 UT App 169 (Dec. 24, 2020)

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…

Salt Lake City Business Attorney Samuel Alba

SCM Law’s Sam Alba joins UCLI as Fiduciary Board Member

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. 

declaratory relief

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…

State v. Gallegos, 2020 UT App 162 (Dec. 10, 2020)

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…

Words About Ethics Image

Appreciating Differences Through Personal Connection

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.