Utah Case Commentaries

Establishing Judicial Estoppel: Insights from ORVIS v. JOHNSON

Date: Jan 16, 2008

Establishing Judicial Estoppel: Insights from ORVIS v. JOHNSON Introduction The Supreme Court of Utah's decision in Jayson Orvis v. Jamis M. Johnson (177 P.3d 600, 2008) underscores significant...

Termination of Parental Rights in the Context of Chronic Substance Abuse: State of Utah v. S.M.

Date: Oct 27, 2007

Termination of Parental Rights in the Context of Chronic Substance Abuse: State of Utah v. S.M. Introduction State of Utah v. S.M., 171 P.3d 435 (Utah Supreme Court, 2007), is a pivotal case...

Defamation Standards for Public Officials: High School Coaches Excluded

Date: Aug 1, 2007

Defamation Standards for Public Officials: High School Coaches Excluded Introduction In the landmark case of Michael P. O'Connor v. Gary W. Burningham et al., decided by the Supreme Court of Utah on...

Excessive Publication and Group Defamation: The Utah Supreme Court's Ruling in Ne v. Pratt

Date: May 19, 2007

Excessive Publication and Group Defamation: The Utah Supreme Court's Ruling in Ne v. Pratt Introduction In Ne v. Pratt and Denise Pratt, the Utah Supreme Court addressed significant issues...

MARTINEZ v. MEDIA-PAYMASTER PLUS: Establishing Employee Burden of Proof and Substantial Evidence Standard in Permanent Total Disability Claims

Date: May 19, 2007

MARTINEZ v. MEDIA-PAYMASTER PLUS: Establishing Employee Burden of Proof and Substantial Evidence Standard in Permanent Total Disability Claims Introduction Enrique MARTINEZ v. MEDIA-PAYMASTER PLUS,...

Establishing a Statutory Right to Effective Counsel in Post-Conviction Relief: MENZIES v. GALETKA

Date: Dec 16, 2006

Establishing a Statutory Right to Effective Counsel in Post-Conviction Relief: MENZIES v. GALETKA Introduction Ralph Leroy Menzies, a death row inmate in Utah, appealed the dismissal of his petition...

Wrongful Discharge in Retaliation for Workers' Compensation Claims: La-Z-Boy Inc. v. Touchard

Date: Nov 18, 2006

Wrongful Discharge in Retaliation for Workers' Compensation Claims: La-Z-Boy Inc. v. Touchard Introduction Case: Marilyn Touchard, et al. v. La-Z-Boy Inc., Defendant and Petitioner. Court: Supreme...

Dex Media's Compliance with Utah Truth in Advertising Act Affirmed

Date: Sep 16, 2006

Dex Media's Compliance with Utah Truth in Advertising Act Affirmed Introduction In the case of Robert J. DeBry and Associates, P.C. v. Qwest Dex, Inc. and Dex Media West, LLC, the Supreme Court of...

Correctness Standard Applied for Appellate Review of Custodial Interrogation Determinations in STATE v. LEVIN

Date: Sep 9, 2006

Correctness Standard Applied for Appellate Review of Custodial Interrogation Determinations in STATE v. LEVIN Introduction State v. Ralph Levin, 144 P.3d 1096 (Utah Supreme Court, 2006), addresses a...

Invited Error Doctrine Applied to Jury Selection: State v. Winfield

Date: Jan 14, 2006

Invited Error Doctrine Applied to Jury Selection: State v. Winfield Introduction State of Utah v. Carl Alton Winfield is a seminal case decided by the Supreme Court of Utah on January 13, 2006. In...

Anderson Development Co. v. Tobias: Utah Supreme Court Expands SLAPP Act Protections and Affirms Noerr-Pennington Doctrine

Date: Jun 15, 2005

Anderson Development Co. v. Tobias: Utah Supreme Court Expands SLAPP Act Protections and Affirms Noerr-Pennington Doctrine Introduction In the landmark case of ANDERSON DEVELOPMENT COMPANY, L.C., a...

State of Utah v. Pinder: Affirmation of Burden to Prove Brady Violations and Standards for Newly Discovered Evidence

Date: Jun 2, 2005

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

Date: Mar 2, 2005

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.

Date: Dec 4, 2004

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

Date: Nov 25, 2004

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

Date: Nov 13, 2004

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

Date: Sep 18, 2004

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.

Date: Aug 25, 2004

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

Date: Jul 28, 2004

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

Date: May 10, 2003

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...

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