Zealously advocating truth at trial is a very nuanced endeavor. In general, lawyers cannot knowingly or recklessly make false statements of fact at trial, they may not knowingly present false evidence, and they must use judgment if they reasonably believe the evidence is false.
On May 14, 2021, the Third Judicial District Court, State of Utah, County of Salt Lake (the “Court”), entered an order (the “Procedure Order”) in the long-standing receivership case of Westwood Partners and Westwood Hills Investments, Ltd (collectively, the “Partnerships”),…
These appellate cases of interest were recently decided by the Utah Supreme Court, Utah Court of Appeals, and United States Tenth Circuit Court of Appeals. The summaries have been prepared by authoring attorneys Rodney Parker, Dani Cepernich, Robert Cummings, Nate Mitchell, Adam Pace, and Andrew Roth….
In their wisdom and to attempt to prevent the government from becoming despotic, the Founders established safeguards to those rights against government interference. Given the centrality of those rights, the government ought not be in the business of interfering with or infringing them short of very compelling reasons upon which we collectively agree.
The Utah Uniform Voidable Transactions Act provides remedies to creditors when debtors transfer assets, rendering themselves judgment-proof. The Act creates a distinction between transfers that occur before or after a claim arises.
If more attorneys are aware of and argue these exceptions on appeal, we are likely to have more cases in which the appellate courts are able to apply an exception and create a body of case law that reaches the merits of more arguments on appeal. Much to the relief of all associates and district court judges.