doTERRA Int’l, LLC v. Kruger, 2021 UT 24 (July 1, 2021)

In this personal injury action, the district court concluded that Utah law does not permit waiver of punitive damages prior to the injury. Affirming under a different rationale, the supreme court held that, as a matter of first impression, even if Utah law recognized a preinjury waiver of punitive damages, such a waiver must be clear and unequivocal to be effective. In a separate concurrence, joined by Justice Peterson, Justice Himonas expressed his conclusion that such a waiver was contrary to public policy and unenforceable.