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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 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...
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 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 Introduction In Feller Behavioral Health PLLC & Kelly Feller v....
“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 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 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 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: 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 (2025 UT 29) Introduction Case name: Long v. Utah State Bar, 2025 UT 29...
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 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 Introduction Talisker Partnership and a constellation of related...
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) 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) 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 1. Introduction Utah’s Supreme Court, in Tischmak v. Utah State Tax...
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...