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Utah Case Commentaries

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...
The “Federal-Origin Exception” to Utah’s EIDPA Suppression Rule – A Comprehensive Commentary on State v. Andrus (2025 UT 32)

The “Federal-Origin Exception” to Utah’s EIDPA Suppression Rule – A Comprehensive Commentary on State v. Andrus (2025 UT 32)

Date: Aug 13, 2025
The “Federal-Origin Exception” to Utah’s EIDPA Suppression Rule In-Depth Commentary on State v. Andrus, 2025 UT 32 (Supreme Court of Utah) 1. Introduction State v. Andrus presented Utah’s high court...
Objective Imminence as a Law-Like Mixed Question: Correctness Review of Pre-Trial Justification Rulings in Utah

Objective Imminence as a Law-Like Mixed Question: Correctness Review of Pre-Trial Justification Rulings in Utah

Date: Aug 13, 2025
Objective Imminence as a Law-Like Mixed Question: Correctness Review of Pre-Trial Justification Rulings in Utah 1. Introduction State v. Wilcox, 2025 UT 31, is the Utah Supreme Court’s first...
Talisker v. Midtown Acquisitions: Utah Supreme Court Validates Broad Contractual Waivers of Rule 69B Sheriff’s-Sale Protections

Talisker v. Midtown Acquisitions: Utah Supreme Court Validates Broad Contractual Waivers of Rule 69B Sheriff’s-Sale Protections

Date: Aug 13, 2025
Talisker v. Midtown Acquisitions: Utah Supreme Court Validates Broad Contractual Waivers of Rule 69B Sheriff’s-Sale Protections Introduction Talisker Partnership and a constellation of related...
The Barrani Clarification: Utah Supreme Court Affirms Public-Duty Shield for Municipal Inaction on Homeless Encampments

The Barrani Clarification: Utah Supreme Court Affirms Public-Duty Shield for Municipal Inaction on Homeless Encampments

Date: Aug 1, 2025
The Barrani Clarification: Utah Supreme Court Affirms Public-Duty Shield for Municipal Inaction on Homeless Encampments Introduction Barrani v. Salt Lake City, 2025 UT 25, confronts the collision of...
Ross v. Kracht (2025 UT 22) –  Immediate Appealability of District-Court Termination Orders under Utah Code § 78B-6-112(3)

Ross v. Kracht (2025 UT 22) – Immediate Appealability of District-Court Termination Orders under Utah Code § 78B-6-112(3)

Date: Jul 30, 2025
Ross v. Kracht (2025 UT 22) Immediate Appealability of District-Court Termination Orders under Utah Code § 78B-6-112(3) 1. Introduction Ross v. Kracht is a landmark decision of the Utah Supreme Court...
Implicit Remand and Mandatory Restitution: The Precedential Impact of State v. Blake (2025 UT 21)

Implicit Remand and Mandatory Restitution: The Precedential Impact of State v. Blake (2025 UT 21)

Date: Jul 30, 2025
Implicit Remand and Mandatory Restitution: The Precedential Impact of State v. Blake (2025 UT 21) Introduction In State v. Blake, the Utah Supreme Court resolved a recurrent procedural quandary: When...
“Spousal-Imputed Domicile” Survives Constitutional Review: Commentary on Tischmak v. Utah State Tax Commission, 2025 UT 24

“Spousal-Imputed Domicile” Survives Constitutional Review: Commentary on Tischmak v. Utah State Tax Commission, 2025 UT 24

Date: Jul 30, 2025
“Spousal-Imputed Domicile” Survives Constitutional Review: Commentary on Tischmak v. Utah State Tax Commission, 2025 UT 24 1. Introduction Utah’s Supreme Court, in Tischmak v. Utah State Tax...
Jenco v. Valderra Land Holdings: Utah Supreme Court Limits Rule 62(b) Stays to Money Judgments

Jenco v. Valderra Land Holdings: Utah Supreme Court Limits Rule 62(b) Stays to Money Judgments

Date: Jul 13, 2025
Jenco v. Valderra Land Holdings (2025 UT 20): Utah Supreme Court Limits Rule 62(b) Stays to Money Judgments Introduction Jenco v. Valderra Land Holdings presented the Utah Supreme Court with a...
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