Utah Case Commentaries

Enhancing Particularity in Fraud Claims Against Corporate Officers: Insights from AFIE v. Judi Harrison

Date: Apr 26, 2003

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

Date: Aug 17, 2002

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

Date: Jul 24, 2002

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

Date: Jun 26, 2002

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

Date: May 18, 2002

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

Date: Feb 9, 2002

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 to Prevailing Party in RTNC v. Cook

Date: Jan 26, 2002

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

Date: Jan 12, 2002

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

Date: Jan 12, 2002

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

Date: Nov 10, 2001

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.

Date: Jun 27, 2001

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...

Utah Court of Appeals Clarifies Standards for Juvenile Court Permanency and Termination Proceedings

Date: Mar 9, 2001

Utah Court of Appeals Clarifies Standards for Juvenile Court Permanency and Termination Proceedings Introduction In the landmark case STATE of Utah, in the interest of E.R., J.R., J.R., and C.R.,...

Reversing Involuntary Dismissal: Correct Burden of Proof in Liquidated Damages - Bair v. Axiom Design

Date: Mar 3, 2001

Reversing Involuntary Dismissal: Correct Burden of Proof in Liquidated Damages Bair v. Axiom Design, L.L.C., 20 P.3d 388 (Utah 2001) Introduction The case of Royce L. Bair, dba The Stock Solution v....

Res Judicata and Issue Preclusion in Successor Liability: Insights from Macris Associates v. Neways Inc.

Date: Dec 6, 2000

Res Judicata and Issue Preclusion in Successor Liability: Insights from Macris Associates v. Neways Inc. Introduction The case of Macris Associates, Inc. v. Neways Inc., Thomas E. Mower, and Leslie...

Strict Standards for Excusable Neglect Affirmed in Appellate Extensions

Date: Nov 3, 2000

Strict Standards for Excusable Neglect Affirmed in Appellate Extensions Introduction Case Title: Cristobal Serrato and Elida Serrato, Plaintiffs and Appellants, v. Utah Transit Authority and Lance K....

Utah Supreme Court Affirms Self-Executing Constitutional Clauses and Establishes Framework for Damages in Spackman v. Board of Education

Date: Nov 1, 2000

Utah Supreme Court Affirms Self-Executing Constitutional Clauses and Establishes Framework for Damages in Spackman v. Board of Education Introduction In the landmark case of Jennifer Spackman v....

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