Getting into the Weeds—the Practical Implications of Utah’s Medical Cannabis Act
Nov 14, 2019
What do the Act and its recent changes mean for public employers?
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McQuarrie v. McQuarrie, 2019 UT App 147 (Aug. 29, 2019)
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…
McGraw v. University of Utah, 2019 UT App 144 (August 22, 2019)
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…
Latham v. Office of Recovery Servs., 2019 UT 51 (Aug. 22, 2019)
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…
Burke v. Regalado, — F.3d —, 2019 WL 3938633 (10th Cir. Aug. 20, 2019)
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…
Cheek v. Iron County, 2019 UT 50 (Aug. 16, 2019)
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….
Amundsen v. University of Utah, 2019 UT 49 (Aug. 15, 2019)
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…
Ross v. State, 2019 UT 48 (Aug. 15, 2019)
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…
Moshier v. Fisher 2019 UT 46 (Aug. 13, 2019)
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…
WDIS v. Hi-Country, 2019 UT 45 (Aug. 13, 2019)
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…