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Utah Supreme Court Strikes Down State Medical Malpractice Law

Jul 25, 2019

The Utah Supreme Court ruled a state law requiring medical malpractice plaintiffs to obtain a “certificate of compliance” from a state agency is unconstitutional. A suit that accused a hospital of negligently causing a patient’s death was reinstated. The hospital…

Gardner v. Gardner, 2019 UT 28 (June 27, 2019)

Jun 27, 2019

The district court reduced the amount of alimony awarded to the wife based on wife’s “fault” that “substantially contributed” to the demise of the marriage.  The Utah Supreme Court interpreted the statutory requirement that the fault “substantially contributed to the…

Wilson v. Sanders, 2019 UT App 111 (June 26, 2019)

Jun 26, 2019

The appellants sought to challenge the trial court’s denial of their Rule 60 motion to vacate a judgment that was entered after a jury trial.  The court of appeals concluded that it lacked jurisdiction to consider the appeal because the…

State v. Squires, 2019 UT App 113 (June 20, 2019)

Jun 20, 2019

The defendant was convicted of four communications fraud counts and one count of pattern of unlawful activity related to enticing his uncle to post property as collateral on a real estate investment hard money loan with the collateral ultimately lost. …

Sprague v. Avalon Care Center, 2019 UT App 107 (June 20, 2019)

Jun 20, 2019

An expert witness is not required to expressly state that each of his opinions on the standard of care was given within “a reasonable degree of medical certainty.”  Instead, the expert’s testimony should be viewed as a whole and analyzed…

Ross v. Ross, 2019 UT App 104 (June 13, 2019)

Jun 13, 2019

Intending to move from Salt Lake County to Uintah County with her two children, the appellee filed a notice of relocation pursuant to Utah Code § 30-3-37.  After a two-day evidentiary hearing, the district court granted the relocation request, which resulted…

Kuchcinski v. Box Elder County, 2019 UT 21 (June 3, 2019)

Jun 3, 2019

Following dismissal of Section 1983 claims in federal court, a state court dismissed claims against a county and county sheriff’s office alleging violation of right to bail and due process based upon failing to show a flagrant violation or to…