An inmate filed a petition for extraordinary relief arguing that the parole board violated her constitutional rights by rescinding her parole. The court dismissed the petition as moot because the parole board reinstated the inmate’s parole after the appeal was…
This appeal from the denial of a motion to dismiss addressed the constitutionality of mid-stream Miranda warnings. Confronted with a splintered Supreme Court decision on the issue, the Tenth Circuit adopted, as a matter of first impression, the standard set…
The Tenth Circuit affirmed summary judgment to the defendant forklift manufacturer in this products liability case, based on the plaintiff’s failure to provide admissible expert testimony showing that a safer, feasible alternative design existed at the time of his injury. …
The Tenth Circuit joined the Third, Fifth, Seventh, and Ninth Circuits to hold that a tax court order disposing of some, but not all, claims arising from the same proceeding is not immediately appealable under 26 U.S.C. § 7482(a)(1) unless the…
A well-known priest in the community appealed his conviction on seven counts of sexual abuse, arguing that the jury pre-determined his guilt and the trial court abused its discretion in allowing so many former victims to testify. Affirming, the Tenth…
This appeal arose from Kodiak America LLC’s challenge to a land-use determination by Summit County. The county argued that Kodiak’s challenge was barred by res judicata, citing a prior proceeding addressing the same land-use determination in which Kodiak was denied…
In this appeal from the Labor Commission’s denial of worker’s compensation benefits, the court of appeals set aside the Commission’s decision and instructed it to revisit the claim under the idiopathic fall doctrine. In holding that the idiopathic fall doctrine…
The Utah Uniform Voidable Transactions Act provides remedies to creditors when debtors transfer assets, rendering themselves judgment-proof. The Act creates a distinction between transfers that occur before or after a claim arises.
If more attorneys are aware of and argue these exceptions on appeal, we are likely to have more cases in which the appellate courts are able to apply an exception and create a body of case law that reaches the merits of more arguments on appeal. Much to the relief of all associates and district court judges.
In disputed first-party insurance claims, a policyholder will often sue not only its insurer but that insurer’s independent adjuster who inspected a loss.
