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United States v. Guillen, 995 F.3d 1095 (10th Cir. Apr. 27, 2021)

Apr 27, 2021

This appeal from the denial of a motion to dismiss addressed the constitutionality of mid-stream Miranda warnings.  Confronted with a splintered Supreme Court decision on the issue, the Tenth Circuit adopted, as a matter of first impression, the standard set…

Petersen v. Raymond Corp., 994 F.3d 1224 (10th Cir. Apr. 22, 2021)

Apr 22, 2021

The Tenth Circuit affirmed summary judgment to the defendant forklift manufacturer in this products liability case, based on the plaintiff’s failure to provide admissible expert testimony showing that a safer, feasible alternative design existed at the time of his injury. …

Kodiak America LLC v. Summit Cty., 2021 UT App 47 (Apr. 15, 2021)

Apr 15, 2021

This appeal arose from Kodiak America LLC’s challenge to a land-use determination by Summit County.  The county argued that Kodiak’s challenge was barred by res judicata, citing a prior proceeding addressing the same land-use determination in which Kodiak was denied…

Ackley v. Labor Commission, 2021 UT App 42 (Apr. 15, 2021)

Apr 15, 2021

In this appeal from the Labor Commission’s denial of worker’s compensation benefits, the court of appeals set aside the Commission’s decision and instructed it to revisit the claim under the idiopathic fall doctrine.  In holding that the idiopathic fall doctrine…

Lehi City v. Rickabaugh, 2021 UT App 36 (Apr. 1, 2021)

Apr 1, 2021

A jury found the defendant guilty of electronic harassment based on a barrage of angry messages sent via Facebook.  The trial court rejected his challenge to the constitutionality of the electronic communications statute.  Affirming, the court of appeals held (a) Utah…