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  • Commentaries
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Utah Case Commentaries

Utah Supreme Court Confirms Borrowers Can Contractually Waive Rule 69B(d)’s “Highest-Price” Parceling Requirement and Pyper-Based Equitable Relief

Utah Supreme Court Confirms Borrowers Can Contractually Waive Rule 69B(d)’s “Highest-Price” Parceling Requirement and Pyper-Based Equitable Relief

Date: Nov 2, 2025
Utah Supreme Court Confirms Borrowers Can Contractually Waive Rule 69B(d)’s “Highest-Price” Parceling Requirement and Pyper-Based Equitable Relief Introduction In Talisker Partnership v. Midtown...
Utah Supreme Court Limits Past Medical Specials to Amounts Actually Incurred; Negotiated Rate Differential Is Not a Collateral Source

Utah Supreme Court Limits Past Medical Specials to Amounts Actually Incurred; Negotiated Rate Differential Is Not a Collateral Source

Date: Nov 1, 2025
Utah Supreme Court Limits Past Medical Specials to Amounts Actually Incurred; Negotiated Rate Differential Is Not a Collateral Source Introduction In Gardner v. Norman, 2025 UT 47, the Utah Supreme...
Leavitt v. OPC: Utah Supreme Court Equates “Reasonably Should Know” with Negligence Under Rule 3.6 and Affirms Public Reprimand for Prejudicial Prosecutorial Press Conference

Leavitt v. OPC: Utah Supreme Court Equates “Reasonably Should Know” with Negligence Under Rule 3.6 and Affirms Public Reprimand for Prejudicial Prosecutorial Press Conference

Date: Nov 1, 2025
Leavitt v. OPC: Utah Supreme Court Equates “Reasonably Should Know” with Negligence Under Rule 3.6 and Affirms Public Reprimand for Prejudicial Prosecutorial Press Conference Introduction This...
No Direct Appeal as of Right from Denial of Motion to Modify Pretrial Detention: Utah Supreme Court Narrows § 77-20-209 (State v. Harris, 2025 UT 48)

No Direct Appeal as of Right from Denial of Motion to Modify Pretrial Detention: Utah Supreme Court Narrows § 77-20-209 (State v. Harris, 2025 UT 48)

Date: Nov 1, 2025
No Direct Appeal as of Right from Denial of Motion to Modify Pretrial Detention: Utah Supreme Court Narrows § 77-20-209 Introduction In State v. Harris, 2025 UT 48, the Utah Supreme Court resolved a...
Judges, Not Juries, Decide Criminal Statute-of-Limitations Disputes by a Preponderance Under Utah Code § 76-1-306

Judges, Not Juries, Decide Criminal Statute-of-Limitations Disputes by a Preponderance Under Utah Code § 76-1-306

Date: Oct 30, 2025
Judges, Not Juries, Decide Criminal Statute-of-Limitations Disputes by a Preponderance Under Utah Code § 76-1-306 Introduction In State v. Smith, 2025 UT 45, the Utah Supreme Court addressed a...
Finality of Arbitration Confirmation Judgments Triggers Utah’s Eight‑Year Expiration; Insurers Must Defend Amid Genuine Cancellation Disputes

Finality of Arbitration Confirmation Judgments Triggers Utah’s Eight‑Year Expiration; Insurers Must Defend Amid Genuine Cancellation Disputes

Date: Oct 19, 2025
Finality of Arbitration Confirmation Judgments Triggers Utah’s Eight‑Year Expiration; Insurers Must Defend Amid Genuine Cancellation Disputes Introduction In Farm Bureau Mutual Insurance Co. v....
Speculative Timing Concerns Do Not Justify Bypassing the District Court: Utah Supreme Court Clarifies Rule 19 Gatekeeping for Extraordinary Relief in Initiative Disputes

Speculative Timing Concerns Do Not Justify Bypassing the District Court: Utah Supreme Court Clarifies Rule 19 Gatekeeping for Extraordinary Relief in Initiative Disputes

Date: Oct 19, 2025
Speculative Timing Concerns Do Not Justify Bypassing the District Court: Utah Supreme Court Clarifies Rule 19 Gatekeeping for Extraordinary Relief in Initiative Disputes Introduction In Maxfield v....
Article IX(a) Grants a Right to Seek, Not a Right to Divert: Utah May Enforce Its Export Statute and Require Evidence of Beneficial Use in the Recipient State

Article IX(a) Grants a Right to Seek, Not a Right to Divert: Utah May Enforce Its Export Statute and Require Evidence of Beneficial Use in the Recipient State

Date: Oct 19, 2025
Article IX(a) Grants a Right to Seek, Not a Right to Divert: Utah May Enforce Its Export Statute and Require Evidence of Beneficial Use in the Recipient State Introduction In Water Horse Resources,...
Patient-Specific Risks Fall Outside Utah’s Learned Intermediary Rule for Pharmacists

Patient-Specific Risks Fall Outside Utah’s Learned Intermediary Rule for Pharmacists

Date: Oct 9, 2025
Patient-Specific Risks Fall Outside Utah’s Learned Intermediary Rule for Pharmacists Introduction In Jensen v. Walgreen Co., 2025 UT 41 (Utah Oct. 2, 2025), the Utah Supreme Court clarified the scope...
"Entire Amount" Means Joint and Several: Utah Supreme Court Holds Comparative Fault Is Inapplicable to Criminal Restitution Under the Crime Victims Restitution Act

"Entire Amount" Means Joint and Several: Utah Supreme Court Holds Comparative Fault Is Inapplicable to Criminal Restitution Under the Crime Victims Restitution Act

Date: Sep 27, 2025
"Entire Amount" Means Joint and Several: Utah Supreme Court Holds Comparative Fault Is Inapplicable to Criminal Restitution Under the Crime Victims Restitution Act Introduction In State v. Debrok,...
Gatekeeping, Not Fact‑Finding: Utah Supreme Court Sets Prima Facie Standard for Successive Competency-to-be-Executed Petitions and Bars Execution Warrants While Ford/Madison Proceedings Are Pending

Gatekeeping, Not Fact‑Finding: Utah Supreme Court Sets Prima Facie Standard for Successive Competency-to-be-Executed Petitions and Bars Execution Warrants While Ford/Madison Proceedings Are Pending

Date: Sep 2, 2025
Gatekeeping, Not Fact‑Finding: Utah Supreme Court Sets Prima Facie Standard for Successive Competency-to-be-Executed Petitions and Bars Execution Warrants While Ford/Madison Proceedings Are Pending...
Utah’s First UPEPA Roadmap: Public Concern Defined, Plaintiff’s Prima Facie “Lack of Privilege” Burden, and Limits on Add‑On Torts — Commentary on Mackey v. Krause (2025 UT 37)

Utah’s First UPEPA Roadmap: Public Concern Defined, Plaintiff’s Prima Facie “Lack of Privilege” Burden, and Limits on Add‑On Torts — Commentary on Mackey v. Krause (2025 UT 37)

Date: Aug 31, 2025
Utah’s First UPEPA Roadmap: Public Concern Defined, Plaintiff’s Prima Facie “Lack of Privilege” Burden, and Limits on Add‑On Torts — Commentary on Mackey v. Krause (2025 UT 37) Introduction This...
“No Second Bite at the Probate Apple” — Utah Supreme Court Declares the Savings Statute Inapplicable to § 75-3-107’s Three-Year Probate Deadline

“No Second Bite at the Probate Apple” — Utah Supreme Court Declares the Savings Statute Inapplicable to § 75-3-107’s Three-Year Probate Deadline

Date: Aug 25, 2025
“No Second Bite at the Probate Apple” — Utah Supreme Court Declares the Savings Statute Inapplicable to § 75-3-107’s Three-Year Probate Deadline Introduction In In re Estate of Davies, 2025 UT 36,...
From Misappropriation to Monetization: Utah Supreme Court Demands a Provable Causal Link between Trade-Secret Theft and Damages (Commentary on Feller Behavioral Health v. Military & Veteran Counseling Center, 2025 UT 33)

From Misappropriation to Monetization: Utah Supreme Court Demands a Provable Causal Link between Trade-Secret Theft and Damages (Commentary on Feller Behavioral Health v. Military & Veteran Counseling Center, 2025 UT 33)

Date: Aug 19, 2025
From Misappropriation to Monetization: Utah Supreme Court Demands a Provable Causal Link between Trade-Secret Theft and Damages Introduction In Feller Behavioral Health PLLC & Kelly Feller v....
“The Marriott Rule” – Administrative Appeals Abate at Death Absent Statutory Survival

“The Marriott Rule” – Administrative Appeals Abate at Death Absent Statutory Survival

Date: Aug 19, 2025
“The Marriott Rule” – Administrative Appeals Abate at Death Absent Statutory Survival Introduction Marriott v. Wilhelmsen (2025 UT 35) squarely confronted an unsettled issue in Utah law: Does an...
Reinstating Defamation Claims and Narrowing Utah’s Anti-SLAPP Shield: A Commentary on Mathews v. McCown (2025 UT 34)

Reinstating Defamation Claims and Narrowing Utah’s Anti-SLAPP Shield: A Commentary on Mathews v. McCown (2025 UT 34)

Date: Aug 19, 2025
Reinstating Defamation Claims and Narrowing Utah’s Anti-SLAPP Shield: A Commentary on Mathews v. McCown, 2025 UT 34 1. Introduction The Supreme Court of Utah’s unanimous opinion in Mathews v. McCown...
“Beyond the Sirens” – Armenta v. Unified Fire (2025) and the Narrowing of the UGIA’s “Emergency Medical Assistance” Immunity

“Beyond the Sirens” – Armenta v. Unified Fire (2025) and the Narrowing of the UGIA’s “Emergency Medical Assistance” Immunity

Date: Aug 13, 2025
“Beyond the Sirens” – Armenta v. Unified Fire (2025) and the Narrowing of the UGIA’s “Emergency Medical Assistance” Immunity Supreme Court of Utah – 2025 UT 26 – Decided 7 Aug 2025 1. Introduction In...
Utah Supreme Court Affirms Surface Owner’s Right to Uncompensated On-Site Use of Soil in Severed Estates — Comment on Genesis Aggregates B v. Toll Southwest (2025 UT 28)

Utah Supreme Court Affirms Surface Owner’s Right to Uncompensated On-Site Use of Soil in Severed Estates — Comment on Genesis Aggregates B v. Toll Southwest (2025 UT 28)

Date: Aug 13, 2025
Utah Supreme Court Affirms Surface Owner’s Right to Uncompensated On-Site Use of Soil in Severed Estates Commentary on Genesis Aggregates B v. Toll Southwest, 2025 UT 28 Introduction Genesis...
Municipal Incorporation and the Doctrine of Mootness in Land-Use Referendum Litigation: Commentary on Haney v. Tooele County (2025 UT 30)

Municipal Incorporation and the Doctrine of Mootness in Land-Use Referendum Litigation: Commentary on Haney v. Tooele County (2025 UT 30)

Date: Aug 13, 2025
Municipal Incorporation and the Doctrine of Mootness in Land-Use Referendum Litigation: A Comprehensive Commentary on Haney v. Tooele County, 2025 UT 30 1. Introduction Haney v. Tooele County (2025...
Flexible Deference to Bar Admissions Decisions: The Utah Supreme Court’s Refined Standard of Review in Long v. Utah State Bar

Flexible Deference to Bar Admissions Decisions: The Utah Supreme Court’s Refined Standard of Review in Long v. Utah State Bar

Date: Aug 13, 2025
“Flexible Deference” to Bar Admissions Decisions: The Utah Supreme Court’s Refined Standard of Review in Long v. Utah State Bar (2025 UT 29) Introduction Case name: Long v. Utah State Bar, 2025 UT 29...
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