Utah Case Commentaries

Redefining 'Accident' in Workers' Compensation: Allen v. Industrial Commission

Date: Nov 15, 1986

Redefining 'Accident' in Workers' Compensation: Allen v. Industrial Commission Introduction The Supreme Court of Utah, in the landmark case of Robert A. Allen v. Industrial Commission (729 P.2d 15,...

Mandatory Cautionary Instructions on Eyewitness Identification Established in State v. Long

Date: Jun 21, 1986

Mandatory Cautionary Instructions on Eyewitness Identification Established in State v. Long Introduction State of Utah v. Anthony L. Long is a seminal case decided by the Supreme Court of Utah on...

Utah Supreme Court Invalidates Statute of Repose in Product Liability under Open Courts and Wrongful Death Provisions: A Comprehensive Analysis of Berry v. Beech Aircraft Corp.

Date: Jan 1, 1986

Utah Supreme Court Invalidates Statute of Repose in Product Liability under Open Courts and Wrongful Death Provisions: A Comprehensive Analysis of Berry v. Beech Aircraft Corp. Introduction The case...

Limitation of Liability for Directory Errors and Negligence in Intercept Operations: Insights from ATKIN WRIGHT MILES v. Mountain States Telephone and Telegraph Co.

Date: Oct 23, 1985

Limitation of Liability for Directory Errors and Negligence in Intercept Operations: Insights from ATKIN WRIGHT MILES v. Mountain States Telephone and Telegraph Co. Introduction The case of ATKIN...

Maintaining Mutual Consideration in Contracts with Termination Clauses: Resource Management Co. v. Weston Ranch

Date: Aug 24, 1985

Maintaining Mutual Consideration in Contracts with Termination Clauses: Resource Management Co. v. Weston Ranch Introduction Resource Management Company (RMC), a Utah corporation, entered into a...

Commercial Reasonableness in Secured Asset Disposition: The Affirmation in Scharf v. Erickson

Date: Jul 8, 1985

Commercial Reasonableness in Secured Asset Disposition: The Affirmation in Scharf v. Erickson Introduction In the landmark case of K.J. Scharf, DBA Western Leasing v. BMG Corporation et al. (700 P.2d...

Recognition of Breach of Good Faith in First-Party Insurance Contracts: Wayne Beck v. Farmers Insurance Exchange

Date: Jun 13, 1985

Recognition of Breach of Good Faith in First-Party Insurance Contracts: Wayne Beck v. Farmers Insurance Exchange Introduction In Wayne Beck v. Farmers Insurance Exchange, 701 P.2d 795 (Utah, 1985),...

DeMAR D. Jones v. Harriet H. Jones: Enhanced Standards for Alimony Determination

Date: Apr 18, 1985

DeMAR D. Jones v. Harriet H. Jones: Enhanced Standards for Alimony Determination Introduction In DeMAR D. Jones v. Harriet H. Jones, 700 P.2d 1072 (Utah, 1985), the Supreme Court of Utah addressed...

Utah Supreme Court Declares Guest Statute Unconstitutional Under Equal Protection

Date: Dec 15, 1984

Utah Supreme Court Declares Guest Statute Unconstitutional Under Equal Protection Introduction In the landmark case of Steven L. Malan v. James C. Lewis and Brett Lewis, the Supreme Court of Utah...

Validity of Irrevocable Proxies under Utah Law: Auto West v. Baggs

Date: Jan 24, 1984

Validity of Irrevocable Proxies under Utah Law: Auto West v. Baggs Introduction Auto West, Inc., Charles Bryan, Paul Graff, and Norman P. Stephens initiated a legal battle against Richard Baggs in...

Standing in Judicial Proceedings: Insights from Jenkins v. Swan et al.

Date: Nov 11, 1983

Standing in Judicial Proceedings: Insights from Jenkins v. Swan et al. Introduction Lynn A. Jenkins v. Karl G. Swan, et al. (675 P.2d 1145) is a landmark case decided by the Supreme Court of Utah on...

Utah Supreme Court Establishes Standards for Lesser Included Offense Instructions in Burglary Cases

Date: Sep 22, 1983

Utah Supreme Court Establishes Standards for Lesser Included Offense Instructions in Burglary Cases Introduction In State of Utah v. Jeffrey Dean Baker, 671 P.2d 152 (Utah Supreme Court, 1983), the...

Sufficiency of Circumstantial Evidence in Second-Degree Murder: State v. Petree

Date: Feb 5, 1983

Sufficiency of Circumstantial Evidence in Second-Degree Murder: State v. Petree Introduction State of Utah v. John Wilson Petree is a seminal case decided by the Supreme Court of Utah on February 4,...

Affirmation of Public Service Commission's Authority in Approving Utility Settlements

Date: Jan 7, 1983

Affirmation of Public Service Commission's Authority in Approving Utility Settlements Introduction The case Utah Department of Administrative Services v. Public Service Commission (658 P.2d 601,...

Establishing Intentional Interference with Prospective Economic Relations in Utah: The Leigh Furniture Case

Date: Dec 11, 1982

Establishing Intentional Interference with Prospective Economic Relations in Utah: The Leigh Furniture Case Introduction The Supreme Court of Utah, in its 1982 decision of Leigh Furniture and Carpet...

Terminating Parental Rights Requires Proof of Unfitness: In re J.P. - Utah Supreme Court, 1982

Date: Jun 10, 1982

Terminating Parental Rights Requires Proof of Unfitness: In re J.P. - Utah Supreme Court, 1982 Introduction The case of In re J.P. was a landmark decision by the Supreme Court of Utah on June 9,...

Severability of Real Estate Contracts and Recovery of Attorney's Fees on Appeal: Insights from Management Services Corp. v. Development Associates

Date: Sep 12, 1980

Severability of Real Estate Contracts and Recovery of Attorney's Fees on Appeal: Insights from Management Services Corp. v. Development Associates Introduction Management Services Corp., a Utah...

Adoption of Strict Products Liability in Utah: Analysis of Fashion Place Associates v. Armco Steel Company

Date: Sep 26, 1979

Adoption of Strict Products Liability in Utah: Analysis of Fashion Place Associates v. Armco Steel Company Introduction The landmark case of Fashion Place Associates v. Armco Steel Company, decided...

Affirmation of Strict Criteria for Slander Per Se: Analysis of Allred v. Cook et al.

Date: Jan 12, 1979

Affirmation of Strict Criteria for Slander Per Se: Analysis of Allred v. Cook et al. Introduction In Royal NorDell Allred v. Mark E. Cook, Bryant Madsen, Kenneth R. Strate, and Tom Mower, 590 P.2d...

Discretionary Authority in Sentencing: State v. Gerrard (1978)

Date: Sep 15, 1978

Discretionary Authority in Sentencing: State v. Gerrard (1978) Introduction In The State of Utah v. David Gerrard, 584 P.2d 885 (Utah, 1978), the Supreme Court of Utah addressed critical issues...