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  • Commentaries
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Utah Case Commentaries

Strict Construction of Eminent Domain Statutes: Marion Energy v. KFJ Ranch Partnership

Strict Construction of Eminent Domain Statutes: Marion Energy v. KFJ Ranch Partnership

Date: Aug 20, 2011
Strict Construction of Eminent Domain Statutes: Marion Energy v. KFJ Ranch Partnership Introduction In the landmark case of Marion Energy, Inc.; State of Utah, School and Institutional Trust Lands...
Balancing Parental Rights and State Interests: An In-Depth Analysis of Jensen v. State of Utah

Balancing Parental Rights and State Interests: An In-Depth Analysis of Jensen v. State of Utah

Date: Mar 30, 2011
Balancing Parental Rights and State Interests: An In-Depth Analysis of Jensen v. State of Utah Introduction Jensen v. State of Utah is a landmark case adjudicated by the Supreme Court of Utah on...
Reimbursement of Attorney Fees in Criminal Proceedings: Olsen v. Eagle Mountain City

Reimbursement of Attorney Fees in Criminal Proceedings: Olsen v. Eagle Mountain City

Date: Feb 19, 2011
Reimbursement of Attorney Fees in Criminal Proceedings: Olsen v. Eagle Mountain City Introduction In the case of Brian Brent Olsen v. Eagle Mountain City, the Supreme Court of Utah addressed a...
Waiver of Arbitration Rights Through Litigation Participation Under Utah Law

Waiver of Arbitration Rights Through Litigation Participation Under Utah Law

Date: Nov 20, 2010
Waiver of Arbitration Rights Through Litigation Participation Under Utah Law Introduction The case ASC Utah, Inc. dba The Canyons v. Wolf Mountain Resorts, L.C. (245 P.3d 184) adjudicated by the...
Application of the Doctrine of Laches in Trust Modification: FLDS Association v. Utah Supreme Court

Application of the Doctrine of Laches in Trust Modification: FLDS Association v. Utah Supreme Court

Date: Aug 28, 2010
Application of the Doctrine of Laches in Trust Modification: FLDS Association v. Utah Supreme Court Introduction The case of The Fundamentalist Church of Jesus Christ of Latter-Day Saints, an...
Utah Supreme Court Establishes Implied Warranty of Habitability and Limited Fiduciary Duty in Homeowners Association Litigation

Utah Supreme Court Establishes Implied Warranty of Habitability and Limited Fiduciary Duty in Homeowners Association Litigation

Date: Oct 3, 2009
Utah Supreme Court Establishes Implied Warranty of Habitability and Limited Fiduciary Duty in Homeowners Association Litigation Introduction The case of Davencourt at Pilgrims Landing Homeowners...
Utah Supreme Court Revises Conditional Privilege Standard in Defamation Claims

Utah Supreme Court Revises Conditional Privilege Standard in Defamation Claims

Date: Aug 1, 2009
Utah Supreme Court Revises Conditional Privilege Standard in Defamation Claims Introduction In the landmark case of Gary B. Ferguson v. Williams Hunt, Inc. (221 P.3d 205), the Supreme Court of Utah...
Encon Utah LLC v. FAK: Key Rulings on Subcontract Termination, Prejudgment Interest, and Payment Bond Claims

Encon Utah LLC v. FAK: Key Rulings on Subcontract Termination, Prejudgment Interest, and Payment Bond Claims

Date: Jun 25, 2009
Encon Utah LLC v. FAK: Key Rulings on Subcontract Termination, Prejudgment Interest, and Payment Bond Claims Introduction The case of Encon Utah, LLC v. Fluor Ames Kraemer, LLC (FAK), along with...
Inherent Improbability Doctrine Reinterpreted in STATE v. ROBBINS

Inherent Improbability Doctrine Reinterpreted in STATE v. ROBBINS

Date: May 27, 2009
Inherent Improbability Doctrine Reinterpreted in STATE v. ROBBINS Introduction State of Utah v. Ryan Brett Robbins, 210 P.3d 288 (Utah Supreme Court, 2009), is a landmark case that redefines the...
Intent to Injure Standard Affirmed in Helf v. Chevron: Implications for Workers' Compensation

Intent to Injure Standard Affirmed in Helf v. Chevron: Implications for Workers' Compensation

Date: Feb 14, 2009
Intent to Injure Standard Affirmed in Helf v. Chevron: Implications for Workers' Compensation Introduction In Jenna R. Helf v. Chevron U.S.A., Inc., the Supreme Court of Utah addressed a pivotal...
Finality and Appealability in Individualized Permanency Orders: Analysis of State of Utah v. A.O.

Finality and Appealability in Individualized Permanency Orders: Analysis of State of Utah v. A.O.

Date: Jan 24, 2009
Finality and Appealability in Individualized Permanency Orders: Analysis of State of Utah v. A.O. Introduction State of Utah v. A.O. is a pivotal case adjudicated by the Supreme Court of Utah on...
Supreme Court of Utah Clarifies Appeal Timeliness under Rule 7(f)(2) in Employment Contract Claims

Supreme Court of Utah Clarifies Appeal Timeliness under Rule 7(f)(2) in Employment Contract Claims

Date: Jan 17, 2009
Supreme Court of Utah Clarifies Appeal Timeliness under Rule 7(f)(2) in Employment Contract Claims Introduction In the case of Stephen A. Giusti v. Sterling Wentworth Corporation, the Supreme Court...
Waiver and Contractual Attorney Fees: Insights from IHC Health Services, Inc. v. D K Management, Inc.

Waiver and Contractual Attorney Fees: Insights from IHC Health Services, Inc. v. D K Management, Inc.

Date: Oct 25, 2008
Waiver and Contractual Attorney Fees: Insights from IHC Health Services, Inc. v. D K Management, Inc. Introduction Case Citation: IHC Health Services, Inc., a Utah non-profit corporation, Plaintiff...
Strict Adherence to Appellate Procedures in Post-Conviction Relief: Analysis of Allen v. Friel

Strict Adherence to Appellate Procedures in Post-Conviction Relief: Analysis of Allen v. Friel

Date: Oct 16, 2008
Strict Adherence to Appellate Procedures in Post-Conviction Relief: Analysis of Allen v. Friel Introduction Paul C. Allen v. Clint Friel, Warden, State of Utah is a notable judgment by the Supreme...
Employment Termination and Issue Preclusion: Comprehensive Analysis of Oman v. Davis School District, Supreme Court of Utah

Employment Termination and Issue Preclusion: Comprehensive Analysis of Oman v. Davis School District, Supreme Court of Utah

Date: Oct 4, 2008
Employment Termination and Issue Preclusion: Comprehensive Analysis of Oman v. Davis School District, Supreme Court of Utah Introduction In Michael K. Oman v. Davis School District, decided by the...
Affirmative Defense Instructions and Double Jeopardy Implications: Insights from State of Utah v. Erik Kurtis Low

Affirmative Defense Instructions and Double Jeopardy Implications: Insights from State of Utah v. Erik Kurtis Low

Date: Aug 23, 2008
Affirmative Defense Instructions and Double Jeopardy Implications: Insights from State of Utah v. Erik Kurtis Low Introduction State of Utah v. Erik Kurtis Low is a pivotal case decided by the...
Distinct Pop-Up Ads Do Not Constitute Unfair Competition or Tortious Interference: Overstock.com, Inc. v. SmartBargains, Inc.

Distinct Pop-Up Ads Do Not Constitute Unfair Competition or Tortious Interference: Overstock.com, Inc. v. SmartBargains, Inc.

Date: Aug 20, 2008
Distinct Pop-Up Ads Do Not Constitute Unfair Competition or Tortious Interference: Overstock.com, Inc. v. SmartBargains, Inc. Introduction The legal dispute between Overstock.com, Inc. (“Overstock”)...
Enforceability and Clarity of Release Agreements: An Analysis of Daines v. Vincent

Enforceability and Clarity of Release Agreements: An Analysis of Daines v. Vincent

Date: Jul 30, 2008
Enforceability and Clarity of Release Agreements: An Analysis of Daines v. Vincent Introduction The case of Welden L. Daines v. Richard B. Vincent and ASC Group, L.C., adjudicated by the Supreme...
Unnecessary Rigor in Prisoner Transport: Dexter v. Bosko et al.

Unnecessary Rigor in Prisoner Transport: Dexter v. Bosko et al.

Date: Apr 12, 2008
Unnecessary Rigor in Prisoner Transport: Dexter v. Bosko et al. Introduction In the landmark case of Kelvin Dexter v. Jason Bosko, Barry Sanns, and Hank Galetka, the Supreme Court of Utah addressed...
Utah Supreme Court Reinforces Parol Evidence Rule in Tangren Family Trust v. Rodney Tangren

Utah Supreme Court Reinforces Parol Evidence Rule in Tangren Family Trust v. Rodney Tangren

Date: Mar 1, 2008
Utah Supreme Court Reinforces Parol Evidence Rule in Tangren Family Trust v. Rodney Tangren TANGREN FAMILY TRUST v. TANGREN, 182 P.3d 326 (Utah Supreme Court, 2008) Introduction The case of Tangren...
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