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.

State v. Hamilton, 2018 UT App 202 (Oct. 25, 2018)

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…

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…