Nov 5, 2020
The district court concluded that an attorney’s lien arising out of a divorce action was wrongful under the Wrongful Lien Act. Reversing, the court of appeals held that the lien was not wrongful, because it was based in part on…
Nov 5, 2020
This appeal arose from the district court’s denial of a Utah-based adoption agency’s uncontested petition for determination of rights and interests, and a temporary custody order, to facilitate the adoption of a child. The district court held that venue in…
Nov 3, 2020
The Tenth Circuit held, as a matter of first impression, that the statutory bar to appellate review of remand order based on lack of subject matter jurisdiction found in 28 U.S.C. § 1447(d) applies to remand orders resulting from post-removal…
Oct 29, 2020
The court of appeals affirmed the district court’s decision requiring the husband to reimburse the wife for her expenses incurred during a 22-month divorce proceeding in an amount of that exceeding what the wife earned and what the husband advanced…
Oct 29, 2020
Terry was convicted by a jury of domestic violence in front of a child but was acquitted of the predicate offense of domestic violence assault. The supreme court invalidated the conviction as a legally impossible verdict, explaining that both charges…
Oct 28, 2020
Denezpi, a Navajo tribal member, was prosecuted twice – first by Ute Mountain Ute tribal authorities in a Court of Indian Offenses, or “CFR” court, overseen by the Department of the Interior; and later by federal prosecutors in a United…
Oct 22, 2020
The court of appeals affirmed summary judgment to the defendants in this medical malpractice action, including dismissal of the plaintiff’s informed consent claim. The court interpreted the informed consent statute, Utah Code § 78B-3-406, and concluded that the requirement to…
Oct 20, 2020
The Tenth Circuit held, as a matter of first impression, that the district court committed error when it delegated the authority to determine the maximum number of non-treatment-program drug tests taken by the defendant during supervised release to a probation…
Oct 16, 2020
The court of appeals affirmed the district court’s grant of summary judgment dismissing a condemnation action. In doing so, the court held the notice and opportunity to be heard requirements of § 78B-6-504(2)(c) are strict requirements. And, in the context…
Oct 15, 2020
In this water right dispute, the Utah Supreme Court clarified that a plaintiff asserting an interference claim “must establish that: (1) they have an enforceable water right, (2) their water right is senior to the defendant’s water right, (3) their…
