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  • Commentaries
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Utah Case Commentaries

Reaffirmation of "Improper Means" in Intentional Interference with Contract Tort: Insights from C.R. England v. Swift Transportation Company

Reaffirmation of "Improper Means" in Intentional Interference with Contract Tort: Insights from C.R. England v. Swift Transportation Company

Date: Feb 28, 2019
Reaffirmation of "Improper Means" in Intentional Interference with Contract Tort: Insights from C.R. England v. Swift Transportation Company Introduction In the landmark case of C.R. England,...
Clarifying Appellate Review: Exceptional Circumstances and Issue Preservation in STATE of Utah v. Johnson

Clarifying Appellate Review: Exceptional Circumstances and Issue Preservation in STATE of Utah v. Johnson

Date: Nov 15, 2017
Clarifying Appellate Review: Exceptional Circumstances and Issue Preservation in STATE of Utah v. Johnson Introduction In STATE of Utah v. Michael Waddell Johnson, 416 P.3d 443 (Utah 2017), the...
Adequate Notice and Exhaustion of Remedies in Parking Violations: Bivens v. Salt Lake City

Adequate Notice and Exhaustion of Remedies in Parking Violations: Bivens v. Salt Lake City

Date: Sep 27, 2017
Adequate Notice and Exhaustion of Remedies in Parking Violations: Bivens v. Salt Lake City Introduction Bivens v. Salt Lake City is a landmark decision by the Supreme Court of Utah, adjudicated on...
Affirmation of Convictions Despite Inherently Improbable Testimony: STATE OF UTAH v. ANTHONY JAMES PRATER

Affirmation of Convictions Despite Inherently Improbable Testimony: STATE OF UTAH v. ANTHONY JAMES PRATER

Date: Mar 8, 2017
Affirmation of Convictions Despite Inherently Improbable Testimony: STATE OF UTAH v. ANTHONY JAMES PRATER Introduction The case of STATE OF UTAH v. ANTHONY JAMES PRATER (392 P.3d 398) presents a...
Dahl v. Dahl: Appellate Court Mandates Trust Joinder in Divorce Proceedings and Clarifies Alimony and Attorney Fee Standards

Dahl v. Dahl: Appellate Court Mandates Trust Joinder in Divorce Proceedings and Clarifies Alimony and Attorney Fee Standards

Date: Aug 28, 2015
Dahl v. Dahl: Appellate Court Mandates Trust Joinder in Divorce Proceedings and Clarifies Alimony and Attorney Fee Standards Introduction The case of Charles Dahl, Petitioner and Appellee, v. Kim...
Utah Supreme Court Establishes Enhanced Mens Rea for Unlawful Possession of Identification Documents

Utah Supreme Court Establishes Enhanced Mens Rea for Unlawful Possession of Identification Documents

Date: Aug 15, 2015
Utah Supreme Court Establishes Enhanced Mens Rea for Unlawful Possession of Identification Documents Introduction The Supreme Court of Utah, in the case of SALT LAKE CITY v. Ricardo Enrique Carrera,...
Utah Supreme Court Upholds Dual Roles of District Court Judges as Magistrates and Judges

Utah Supreme Court Upholds Dual Roles of District Court Judges as Magistrates and Judges

Date: Jul 18, 2015
Utah Supreme Court Upholds Dual Roles of District Court Judges as Magistrates and Judges Introduction In the case of State of Utah v. Terry Black, 355 P.3d 981 (Utah Supreme Court, 2015), the Supreme...
Affirmation of Substantial Evidence and Causation in Permanent Total Disability Claims

Affirmation of Substantial Evidence and Causation in Permanent Total Disability Claims

Date: Feb 7, 2015
Affirmation of Substantial Evidence and Causation in Permanent Total Disability Claims Introduction In the landmark case of Provo City and Workers Compensation Fund v. Utah Labor Commission and Duane...
Rejection of Improper-Purpose Doctrine in Utah Tortious Interference Law

Rejection of Improper-Purpose Doctrine in Utah Tortious Interference Law

Date: Jan 31, 2015
Rejection of Improper-Purpose Doctrine in Utah Tortious Interference Law Introduction In the landmark case of Joseph Eldridge, Lindsey Eldridge, Harrison Companies, LLC, and Harrison Companies...
Supreme Court of Utah Establishes Strict Pleading Standards in AWBM v. State of Utah

Supreme Court of Utah Establishes Strict Pleading Standards in AWBM v. State of Utah

Date: Oct 25, 2014
Supreme Court of Utah Establishes Strict Pleading Standards in AWBM v. State of Utah Introduction The case of America West Bank Members, L.C. (AWBM) v. State of Utah represents a significant...
Merger Doctrine Applied in STATE v. Nielsen: Implications for Aggravated Murder and Kidnapping Convictions

Merger Doctrine Applied in STATE v. Nielsen: Implications for Aggravated Murder and Kidnapping Convictions

Date: Apr 30, 2014
Merger Doctrine Applied in STATE v. Nielsen: Implications for Aggravated Murder and Kidnapping Convictions Introduction In the landmark case of STATE of Utah v. Cody Lynn Nielsen (326 P.3d 645,...
Standards of Review for Mixed Questions Under Utah UAPA: Murray v. Utah Labor Commission

Standards of Review for Mixed Questions Under Utah UAPA: Murray v. Utah Labor Commission

Date: Jun 29, 2013
Standards of Review for Mixed Questions Under Utah UAPA: Murray v. Utah Labor Commission Introduction Case: Michael R. Murray, Petitioner, v. Utah Labor Commission, Utah State Parks and Recreation,...
Clarification of Mootness Doctrine in Utah: UTA v. Local 382

Clarification of Mootness Doctrine in Utah: UTA v. Local 382

Date: Nov 7, 2012
Clarification of Mootness Doctrine in Utah: UTA v. Local 382 Introduction The case of Utah Transit Authority (UTA) v. Local 382 of the Amalgamated Transit Union (289 P.3d 582) adjudicated by the...
Upholding Death Sentence and Death Penalty Scheme under Utah's Death Penalty Law

Upholding Death Sentence and Death Penalty Scheme under Utah's Death Penalty Law

Date: Sep 25, 2012
Upholding Death Sentence and Death Penalty Scheme under Utah's Death Penalty Law Introduction In the landmark case of STATE of Utah v. Floyd Eugene Maestas (299 P.3d 892), the Supreme Court of Utah...
Affirmation of Death Sentence and Reaffirmation of Penal Procedure Standards: State of Utah v. Floyd Eugene Maestas (2012 UT 46)

Affirmation of Death Sentence and Reaffirmation of Penal Procedure Standards: State of Utah v. Floyd Eugene Maestas (2012 UT 46)

Date: Jul 28, 2012
Affirmation of Death Sentence and Reaffirmation of Penal Procedure Standards: State of Utah v. Floyd Eugene Maestas (2012 UT 46) Introduction The case of State of Utah v. Floyd Eugene Maestas (2012...
Final Judgment Rule Affirmed in MELLOR v. WASATCH CREST Mutual Insurance Co.

Final Judgment Rule Affirmed in MELLOR v. WASATCH CREST Mutual Insurance Co.

Date: Apr 21, 2012
Final Judgment Rule Affirmed in MELLOR v. WASATCH CREST Mutual Insurance Co. Introduction Chris Ann Mellor, the plaintiff and appellant, filed a lawsuit against Wasatch Crest Mutual Insurance and...
STATE v. ARAVE: Distinguishing Solicitation from Attempt in Child Sodomy Offenses

STATE v. ARAVE: Distinguishing Solicitation from Attempt in Child Sodomy Offenses

Date: Dec 31, 2011
STATE v. ARAVE: Distinguishing Solicitation from Attempt in Child Sodomy Offenses Introduction In the landmark case of STATE of Utah v. Lonnie C. Arave, the Supreme Court of Utah addressed critical...
Archuleta v. Galetka: Reaffirming Strickland Standards and Procedural Barriers in Death Penalty Habeas Corpus Proceedings

Archuleta v. Galetka: Reaffirming Strickland Standards and Procedural Barriers in Death Penalty Habeas Corpus Proceedings

Date: Nov 23, 2011
Archuleta v. Galetka: Reaffirming Strickland Standards and Procedural Barriers in Death Penalty Habeas Corpus Proceedings Introduction Michael Anthony Archuleta was convicted of first-degree murder...
Utah Uniform Trust Code Validates Trust Amendment Removing Beneficiary

Utah Uniform Trust Code Validates Trust Amendment Removing Beneficiary

Date: Nov 2, 2011
Utah Uniform Trust Code Validates Trust Amendment Removing Beneficiary Introduction In the case of Ron Patterson v. Randy D. Patterson et al. (266 P.3d 828), the Supreme Court of Utah addressed a...
Impact of the Parental Kidnapping Prevention Act on Adoption Proceedings: Analysis of In the Matter of the Adoption of Baby E.Z., J.M.W., III v. T.I.Z. and C.M.Z.

Impact of the Parental Kidnapping Prevention Act on Adoption Proceedings: Analysis of In the Matter of the Adoption of Baby E.Z., J.M.W., III v. T.I.Z. and C.M.Z.

Date: Sep 20, 2011
Impact of the Parental Kidnapping Prevention Act on Adoption Proceedings: Analysis of In the Matter of the Adoption of Baby E.Z., J.M.W., III v. T.I.Z. and C.M.Z. Introduction "In the Matter of the...
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