Aug 29, 2019
Applying principles of contract interpretation, the court of appeals held that the presumption of automatic termination of alimony upon remarriage did not apply, because the decree not only omitted remarriage as a terminating event, but also contained a series of…
Aug 22, 2019
A former employee seeking to sue the University of Utah delivered a putative notice of claim to the University’s general counsel and, two months later, delivered another to the Attorney General’s authorized agent as required by the Utah Governmental Immunity…
Aug 22, 2019
As a matter of first impression, the supreme court held that the Office of Recovery Services could assert a lien only on the portion of a personal injury settlement that reflected past medical expenses. In doing so, the court observed…
Aug 20, 2019
Defendants appealed a multi-million dollar verdict based on violations of 42 U.S.C. § 1983. The court reversed and remanded for a determination of the appropriate setoff based on settlement amount paid by a former co-defendant. In doing so, the court held…
Aug 16, 2019
Plaintiff filed a civil rights lawsuit in federal court against Iron County and Iron County’s attorney in his official capacity. On a motion to dismiss, the federal court dismissed the federal claims with prejudice and the state claims without prejudice….
Aug 15, 2019
The supreme court affirmed the district court’s dismissal of the plaintiff’s medical malpractice claim against the University of Utah based on the plaintiff’s failure to timely file a notice of claim as required by Utah’s Governmental Immunity Act. The Court…
Aug 15, 2019
The district court initially granted summary judgment to the State dismissing this PCRA petition, but that ruling was reversed and remanded for an evidentiary hearing to determine whether appellate counsel was ineffective for not raising the argument that trial counsel…
Aug 13, 2019
In this legal malpractice case, the district court concluded the claims were barred by the statute of limitations. The supreme court reiterated that a malpractice claim, if informed by an ongoing proceeding, does not accrue until the other proceeding has…
Aug 13, 2019
In this dispute between homeowners and an HOA, the homeowners asserted a quiet title claim. The district court dismissed the quiet title claim on statute of limitation grounds. The court of appeals addressed whether the homeowners’ quiet title claim was…
Aug 13, 2019
The district court declined to assert personal jurisdiction over multiple defendants for alleged violations of the Utah Pattern of Unlawful Activity Act. Reversing, the supreme court held that the district court should have separately analyzed the elements of personal jurisdiction…
