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Warrick v. Property Reserve, 2018 UT App 197 (Oct. 12, 2018)

Oct 12, 2018

In affirming the summary judgment dismissal of a slip and fall claim, the court of appeals held that constructive notice of a dangerous condition should not be imputed when conjecture and speculation are the only ways to determine the length…

Dole v. Dole, 2018 UT App 195 (Oct. 12, 2018)

Oct 12, 2018

In this appeal of a judgment arising from a divorce proceeding, the court held that it lacked jurisdiction to address appellant’s argument that the lower court erroneously denied his post-trial motion because he filed his notice of appeal before the…

Bank of America v. Sundquist, 2018 UT 58 (Oct. 5, 2018)

Oct 5, 2018

The court reevaluated its own prior interlocutory holding in the same case regarding the meaning of “located” in the National Bank Act, which permits a national bank to act as fiduciaries in any state if the law of the state…

Payan v. United Parcel Service, 905 F.3d 1162 (10th Cir. Oct. 4, 2018)

Oct 4, 2018

The plaintiff sued his former employer under Title VII and 42 U.S.C. § 1981, claiming racial discrimination and retaliation.  After the plaintiff reported the discrimination to human resources, he was placed on an employee improvement plan, among other measures.  On appeal…

State v. King, 2018, UT App 190 (Oct. 4, 2018)

Oct 4, 2018

Vacating a $400 restitution order, the court of appeals held defendant was deprived of effective assistance of counsel, because counsel failed to object to a restitution request after filing a notice of withdrawal.  In doing so, the court noted that…

EnerVest, Ltd. v. Utah State Engineer, 2018 UT 55 (Sept. 27, 2018)

Sep 27, 2018

The Utah Supreme Court addressed two jurisdictional issues in this appeal from the district court’s rulings on competing motions for summary judgment in an expedited proceeding under Utah Code § 73-4-24(1) within a water rights general adjudication.  The court first held…