In these two related appeals, the Utah Supreme Court held that Southern Utah Wilderness Alliance both had standing to assert and had sufficiently pled a claim against San Juan and Kane County for violation of Utah’s Open and Public Meetings…
In this alien smuggling case, police received a 911 call which led them to a Walmart parking lot with 14 individuals without IDs. The 911 caller mentioned a tractor trailer, which the police connected with defendant. The officers performed a…
This article explores the effect of Utah Code Ann. § 75-2-503, commonly referred to as the Harmless Error Statute, on estate planning and probate litigation for both attorneys and the public at large.
In this criminal appeal, the Tenth Circuit joined the Sixth, Seventh, Eighth, Ninth, and Eleventh Circuits to hold that Rehaif v. United States, 139 S. Ct. 2191 (2019), did not require the government to prove that a defendant charged with…
This appeal arose from a dispute between an employee and an ERISA plan administrator over entitlement to long-term disability benefits. The relevant policy language provided coverage to an “active, Full-time employee” when the disability arose, but the administrator argued that…
Challenging the revocation of his term of supervised release and reimprisonment of ten months, the defendant argued that the district court imposed an illegal sentence because the combined term of the original sentence and ten additional months exceeded the statutory…
Recently, SCM lawyer Camille Johnson addressed drug testing policies and best practices with members of the Utah Local Government Trust.
Reversing convictions for kidnapping, robbery, and aggravated assault, the court of appeals held that the defendant’s right against self-incrimination under the Fifth Amendment was violated when the prosecution presented evidence that he refused to provide the swipe code to his…
This medical malpractice action involved the applicable standard of review of a district court’s decision regarding whether the plaintiff had waived arbitration by substantially participating in the litigation. Where the district court’s decision compelling arbitration is based on documentary evidence…
Should you have questions about this or need legal representation in connection with construction-related issues, please contact Scott Powers.
