Rain Int’l LLC v. Drockton, 2021 UT App 68 (July 1, 2021)
An appellate summary from the Utah Bar Journal written by the appellate team at Snow Christensen & Martineau regarding Rain Int’l LLC v. Drockton, 2021 UT and Rule 54(b).
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Diversified Concepts LLC v. Koford, 2021 UT App 71 (July 1, 2021)
Outcome of an appeal in District Court. On interlocutory appeal, the court of appeals articulated a new framework and provided a detailed outline for how district courts should analyze spoliation claims. Where there is an allegation of spoliation, the district court should first determine whether the custodial party violated its duty to preserve the evidence at issue.
Alarm Protection Technology, LLC v. Bradburn, 2021 UT 25 (July 1, 2021) and Alarm Protection Technology LLC v. Crandall, 2021 UT 26 (July 1, 2021)
Justice Petersen issued a concurring opinion raising the question of whether the Utah Rules of Civil Procedure should permit judgment creditors to execute against claims in which they are defendants and then extinguish those claims, noting that the rules currently do allow for this practice. Justices Durrant and Himonas joined in the concurrence.
doTERRA Int’l, LLC v. Kruger, 2021 UT 24 (July 1, 2021)
In this personal injury action, the district court concluded that Utah law does not permit waiver of punitive damages prior to the injury. Affirming under a different rationale, the supreme court held that, as a matter of first impression, even…
In re Estate of D.A. Osguthorpe, 2021 UT 23 (July 1, 2021)
In this estate dispute, the district court granted a motion to dismiss appellant’s claim for intentional interference with inheritance finding that Utah law did not recognize that claim. In reversing the order, the supreme court held that Utah law recognizes…
Schell v. Chief Justice & Justices of the Oklahoma Supreme Court, —F.4th—, 2021 WL 2657106 (10th Cir. June 29, 2021)
An Oklahoma attorney brought suit against the Oklahoma Supreme Court justices and Oklahoma Bar Association officials, claiming mandatory bar dues violated his First Amendment rights to free speech and association. In particular, the attorney objected to the Bar’s use of…
Knight Adjustment Bureau v. Funaro, 2021 UT App 65 (June 24, 2021)
After the court set aside a default judgment based upon defective service, the creditor filed a notice of voluntary dismissal, and the debtor filed a motion for attorney fees. The district court denied the motion, reasoning it lacked jurisdiction. Reversing,…
Nakkina v. Mahanthi, 2021 UT App 63 (June 17, 2021)
In this appeal from a divorce decree, the court of appeals held the district court abused its discretion in not awarding parent time equally between the mother and father, erred in its personal property determination, and that its attorney fee…
Shree Ganesh, LLC v. Weston Logan, Inc., 2021 UT 21 (June 17, 2021)
The Utah Supreme Court clarified the common-law duty owed by sellers of real property to “fairly and accurately” disclose “the material elements of property sold when such elements are not easily ascertainable by the buyer and materially affect the value…
In re G.D., 2021 UT 19 (June 10, 2021)
In this case involving an appeal from a termination of parent rights based upon years of dysfunctionality, substance abuse, and criminal conduct, the appellant asserted error based upon the district court failing to apply a “beyond a reasonable doubt” standard…