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…
Jun 27, 2019
The court of appeals affirmed the dismissal of tort claims brought by a homeowner against a geotechnical engineering company under the statutory economic loss rule found in Utah Code § 78B-4-513(1). The court concluded that the tort claims were “an…
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…
Jun 27, 2019
In reviewing a denial of summary judgment for the owners of the Canyons Resort, the Utah Supreme Court took the opportunity to evaluate two prior decisions dealing with personal injury liability arising from recreational activities. First, although the decision was…
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…
Jun 25, 2019
The Tenth Circuit addressed the U.S. Supreme Court’s recent holding, in Town of Chester, New York v. Laroe Estates, Inc., 137 S.Ct. 1645 (2017), that an intervenor as of right under Fed. R. Civ. P. 24 must meet the requirements…
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. …
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…
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…
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…
