State of Utah v. Pinder: Affirmation of Burden to Prove Brady Violations and Standards for Newly Discovered Evidence Introduction In State of Utah v. John R. Pinder, 114 P.3d 551 (Utah 2005), the...
Equitable Discovery Rule in Fraudulent Concealment: Russell Packard Development, Inc. v. Carson Introduction Russell Packard Development, Inc., a California corporation; and Lawrence M. Russell, an...
No Implied Covenant of Continuous Operation in Ground Leases: Analysis of Oakwood Village LLC v. Albertsons Inc. Introduction The case of Oakwood Village LLC v. Albertsons Inc., adjudicated by the...
Chen v. Stewart: Upholding Waiver Doctrine and Equitable Authority in Court-Appointed Interim CEO Introduction The case of Jau-Fei Chen, individually and as the natural guardian of Chi Wei Zhang, E....
Utah Supreme Court Reinforces Weapons Search Doctrine Over 'Class' Standard in Warrantless Vehicle Searches Introduction In the landmark case of State of Utah v. Angie Brake (2004 UT 95), the Supreme...
Supreme Court of Utah Rules Against Collateral Estoppel for Private Arbitration and Denies Private Right of Action Under CPMA Introduction The case of Perry Buckner, et al. v. Aaron Kennard addresses...
Affirmation of Rule 41(b) Dismissal in Product Liability Case: 438 Main Street v. Easy Heat, Inc. Introduction The case of 438 Main Street, a Utah general partnership, and Rainbow Trout, Inc., dba...
Strict Compliance with Rule 11(e): Upholding the Integrity of Guilty Pleas – STATE v. DEAN Introduction State of Utah v. Wallace Wayne Dean is a pivotal case adjudicated by the Supreme Court of Utah...
Affirmation of Criminal Trespass and Aggravated Assault Convictions, Reinforcing Protections Against Collateral Attacks: State of Utah v. Hamilton Introduction The case of State of Utah v. Tony...
Enhancing Particularity in Fraud Claims Against Corporate Officers: Insights from AFIE v. Judi Harrison Introduction The case of Armed Forces Insurance Exchange v. Judi Harrison (70 P.3d 35)...
Determining Party Intent in Secured Transactions: Ambiguity Requires Fact-Finding Introduction The case of WebBank, a Utah industrial loan corporation, Susan Soliz, Justin Magner, Econuel Ingram, and...
Denial of PIP Benefits Based on Medical Necessity Does Not Breach Good Faith Under Utah Law Introduction In the case of Garrett Prince v. Bear River Mutual Insurance Co. (56 P.3d 524), the Supreme...
Reaffirming 'Affirm on Any Ground' in Protective Order Cases: Insights from BAILEY v. BAYLES Introduction In the landmark case of Jeroldene Bailey v. Randee Bayles, decided by the Supreme Court of...
Establishing Independent Duties of Real Estate Professionals and Exceptions to Spousal Privilege in Utah Introduction In the landmark case of C. Dean and Carol N. Hermansen, et al. v. George N....
State of Utah v. Kell: Affirmation of Capital Murder Conviction and Validation of Death Penalty Procedural Standards Introduction In State of Utah v. Troy Michael Kell, the Supreme Court of Utah...
Oral Modifications Validated and Attorney Fees Awarded to Prevailing Party in RTNC v. Cook Introduction The case of R.T. Nielson Company (RTNC) versus Merrill Cook and the Merrill Cook for Congress...
Reaffirming Arbitration Clauses: Central Florida Investments v. Parkwest Associates Introduction Central Florida Investments, Inc. v. Parkwest Associates and Beaver Creek Associates is a pivotal case...
Affirmation of Non-Unanimous Jury Sentencing in Utah Criminal Cases Introduction State of Utah v. Eric Thomas Daniels is a pivotal case decided by the Supreme Court of Utah on January 11, 2002. The...
Final Judgment Rule Upholds Dismissal of Appeal in Attorney Fee Dispute: Loffredo v. Holt Introduction Bonnie Loffredo and Donald A. Westenskow (Plaintiffs and Appellees) brought a legal dispute...
Reinforcing Anti-Assignment Clauses and Upholding the Economic Loss Rule in Construction Contracts: Analysis of SME Industries, Inc. v. Thompson Ventulett et al. Introduction The case of SME...