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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…

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…