Jan 8, 2019
Case summaries for Appellate Highlights are authored by members of Snow Christensen & Martineau’s Appellate Practice Group. For more information, visit our Appellate Highlights page. Read the Appellate Highlights Jan/Feb Edition of the Utah Bar Journal.
Nov 1, 2018
At issue in this appeal was whether a broad provision that terminated and extinguished the rights of a subordinate trust deed holder included a waiver of the statutory right of redemption. In reversing the district court, the court of appeals…
Oct 25, 2018
In this securities fraud case, the State and defendant stipulated to $38,000 in restitution and a recommendation of no time in jail, based largely on defendant’s cooperation. The district court ordered defendant to serve jail time and pay restitution in…
Oct 18, 2018
A jury found that the defendants defrauded the plaintiff by misrepresenting a real estate investment. On appeal, the defendants argued that they were entitled to a new trial because the court admitted prejudicial testimony regarding the details of a different…
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…
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…
Oct 5, 2018
The court held that section 59-7-113 of the Utah Tax Code is ambiguous regarding when it is “necessary” for the Tax Commission to allocate deductions between related entities to clearly reflect income. The court relied on federal case law interpreting…
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…
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…
Oct 4, 2018
Wasatch County appealed a decision by the Utility Facility Review Board ordering the County to issue a conditional use permit to Rocky Mountain Power for construction of transmission towers and lines, but the County failed to seek a stay of…
