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 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…
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…
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…
