Cummings v. Dean, 913 F.3d 1227 (10th Cir. Jan. 24, 2019)

Mar 30, 2019

After the district court granted in part and denied in part the defendants’ motion to dismiss the due process claims asserted against them under 42 U.S.C. § 1983, holding one defendant was entitled to qualified immunity on all claims, while one…

United States v. Knapp, —F.3d— (10th Cir. Mar. 5, 2019)

Mar 5, 2019

On appeal from denial of her motion to suppress, defendant argued that police searched her purse in violation of the Fourth Amendment.  The government responded that the search was constitutionally permissible as a search of defendant’s “person” incident to arrest….

Pilot v. Hill, 2019 UT 10 (Mar. 1, 2019)

Mar 1, 2019

Plaintiff’s complaint identified this personal injury suit as a Tier 2 case, but when the jury awarded damages in excess of $600,000, he sought to amend his tier designation post-trial under Rule 15(b)(1), which allows post-trial amendments to pleadings to…

Belnap v. Howard, 2019 UT 9 (February 28, 2019)

Feb 28, 2019

In an action a surgeon brought against physicians for defamation and tortious interference with prospective economic relations, the surgeon urged a bad-faith exception to the peer review privilege contained in Utah R. Civ. P. 26(b)(1), and argued he was entitled…

James v. Hon. Hruby-Mills 2019 UT App 30 (Feb. 22, 2019)

Feb 22, 2019

In denying the petitioner’s petition for an extraordinary writ, the Court of Appeals held, as a matter of first impression, that Utah R. Crim. P. 2, regarding calculation of time, applies to the calculation of a term of probation.  Applying…