Snow Christensen & Martineau is pleased to announce that twelve of our attorneys have been recognized as 2021 Mountain States Super Lawyers® and five have been selected to the 2021 Mountain States Rising Stars™.
SCM NEWS & OPINIONS
In the context of an injury suffered during a wilderness therapy program, the supreme court held that an injury “relat[es] to or aris[es] out of” health care under the Utah Health Care Malpractice Act, Utah Code §§ 78B-3-401 et seq….
This case involved whether a plaintiff could use different routes across the defendant’s land to prove a prescriptive easement claim. The plaintiff argued that it used three routes continuously during that time, but the district court held that the plaintiff…
By: Heather S. White
When you need a public entity law firm in Utah
Our public entity lawyers are ready to help. For more information about the services SCM provides in this area, contact Heather S. White.
An appellate summary from the Utah Bar Journal written by the appellate team at Snow Christensen & Martineau regarding Rain Int’l LLC v. Drockton, 2021 UT and Rule 54(b).
Outcome of an appeal in District Court. On interlocutory appeal, the court of appeals articulated a new framework and provided a detailed outline for how district courts should analyze spoliation claims. Where there is an allegation of spoliation, the district court should first determine whether the custodial party violated its duty to preserve the evidence at issue.
Justice Petersen issued a concurring opinion raising the question of whether the Utah Rules of Civil Procedure should permit judgment creditors to execute against claims in which they are defendants and then extinguish those claims, noting that the rules currently do allow for this practice. Justices Durrant and Himonas joined in the concurrence.
In this personal injury action, the district court concluded that Utah law does not permit waiver of punitive damages prior to the injury. Affirming under a different rationale, the supreme court held that, as a matter of first impression, even…
In this estate dispute, the district court granted a motion to dismiss appellant’s claim for intentional interference with inheritance finding that Utah law did not recognize that claim. In reversing the order, the supreme court held that Utah law recognizes…