Utah Case Commentaries

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.

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

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

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

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.

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

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.

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

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...

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...