Appellate Highlights published in the Utah Bar Journal, Sep/Oct 2021 Edition

Read the Appellate Highlights of the Utah Bar Journal, September/October 2021 edition. Summaries written by the lawyers of Snow Christensen & Martineau

Horse-Shedding Witnesses

By: Keith A. Call

Conscientious lawyers aim to advocate zealously for their clients within the bounds of ethical and professional duties. But vigorous representation can tempt the unscrupulous to betray those duties.

A Good Life Lesson in Workplace Diversity

By: Bryson R. Brown

In this blog post, Attorney Bryson Brown of Snow Christensen and Martineau in Salt Lake City UT sheds a good light on what diversity in the workplace means and how it is not just a good life lesson, but it also is the law, as there are both federal and state statutes that prohibit certain types of discrimination in the workplace. Bryson highlights the importance and legal aspects of treating others with respect, kindness, understanding, and inclusivity.

Vanlaningham v. Hart, 2021 UT App 95 (Sept. 2, 2021)

The district court excluded plaintiff’s special damages-related evidence from trial because her initial disclosure of a “specific sum” of $130,000 in special damages failed to provide “a mathematical computation” or the “methodology” behind the amount. On an interlocutory appeal, the…

State v. Ruiz, 2021 UT App 94 (Sept. 2, 2021)

Odin, a drug detection K-9, leapt through a partially open window into the car during a drug sniff of the exterior of the car. Applying the test articulated by the Tenth Circuit, the court held Odin’s entry was lawful. Under…

OPC v. Bowen, 2021 UT 53 (Sept. 2, 2021)

Attorney used upfront flat fee agreements with clients that declared the fee was “earned upon payment,” and deposited the retainers directly into his operating account. OPC sued attorney claiming the agreements violated Utah Rule of Professional Conduct 1.15(c), which requires…