Utah Case Commentaries

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

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

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)

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.

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

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

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

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.

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...

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

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

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

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

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

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

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

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

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

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.

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...