Mar 30, 2019
After the district court granted in part and denied in part the defendants’ motion to dismiss the due process claims asserted against them under 42 U.S.C. § 1983, holding one defendant was entitled to qualified immunity on all claims, while one…
Mar 5, 2019
On appeal from denial of her motion to suppress, defendant argued that police searched her purse in violation of the Fourth Amendment. The government responded that the search was constitutionally permissible as a search of defendant’s “person” incident to arrest….
Mar 5, 2019
This case arose out of the efforts of the IRS to investigate the tax liability of a medical marijuana dispensary in New Mexico. The Tenth Circuit affirmed the district court’s denial of motions to quash third-party summonses the IRS issued…
Mar 1, 2019
Plaintiff’s complaint identified this personal injury suit as a Tier 2 case, but when the jury awarded damages in excess of $600,000, he sought to amend his tier designation post-trial under Rule 15(b)(1), which allows post-trial amendments to pleadings to…
Feb 28, 2019
In an action a surgeon brought against physicians for defamation and tortious interference with prospective economic relations, the surgeon urged a bad-faith exception to the peer review privilege contained in Utah R. Civ. P. 26(b)(1), and argued he was entitled…
Feb 27, 2019
On a certified question from the federal district court, the Utah Supreme Court declined an invitation to overturn St. Benedict’s Development Co. v. St. Benedict’s Hospital, 811 P.2d 194 (Utah 1991), which held that a plaintiff alleging intentional interference with…
Feb 26, 2019
The Tenth Circuit rejected a medical marijuana dispensary’s argument that it was a violation of its Fifth Amendment rights to require the dispensary to bear the burden of proving the IRS erred in applying 26 U.S.C. § 280E to disallow deductions…
Feb 22, 2019
In denying the petitioner’s petition for an extraordinary writ, the Court of Appeals held, as a matter of first impression, that Utah R. Crim. P. 2, regarding calculation of time, applies to the calculation of a term of probation. Applying…
Feb 20, 2019
The Utah Supreme Court clarified that its decision in Conatser v. Johnson, recognizing a public easement right to touch privately owned beds of state waters incidental to recreation, was based on common law which can be overridden by statute, and…
Feb 15, 2019
It looks like the City of Fort Collins, Colorado will just have to bear with bare breasts for now. Panicked by the prospect of partially nude protestors parading in the presence of pre-teens, the City banned women from baring their…
