¶1 Plaintiffs Lawrence Brown, Marilyn Brown, Joseph Sorenson, and Kathleen Sorenson appeal the trial court's order dismissing their case against Defendants James A. McIntyre, the Division of Water Rights of the Department of Natural Resources (the Division), and Jerry D. Olds in his capacity as the Utah State Engineer, for lack of standing. We affirm.

BACKGROUND

¶2 Plaintiffs and M... More...   $0 (10-02-2008 - UT)

¶1 This appeal concerns the trial court's determination that a notice of interest and two lis pendenses recorded by the Appellants were wrongful liens under the Utah Wrongful Lien Act. Although this appeal suggests the existence of interesting questions about whether a notice of interest or a lis pendens can be considered a "lien" for purposes of the applicable version of the Act and whether a bu... More...   $0 (10-02-2008 - UT)

¶1 Appellants Scott Barrett and Robert Slusher, a client of Barrett’s and former client of Appellees, appeal the trial court’s rulings in favor of Christensen & Jensen, P.C. (formerly Christensen, Jensen and Powell, P.C.) and its attorney, L. Rich Humpherys (collectively, Appellees) on claims arising from the Campbell v. State Farm case.1

BACKGROUND

¶2 In 1981, Curtis Campbell,... More...   $0 (09-16-2008 - UT)

¶1 This appeal raises two related questions: (1) whether a pharmacy may be held liable in negligence for continuing to fill prescriptions for a drug that has been withdrawn from the market by the Food and Drug Administration (FDA) and/or the manufacturer; and (2) whether a pharmacy may be held liable in negligence for failing to warn the patient of the drug’s status. The district court granted ... More...   $0 (09-16-2008 - UT)

¶1 Donna Jex (“Jex”) slipped and fell on a puddle of water in the Hickory Kist Deli (“Hickory Kist”), injuring her wrist and back. She sought damages from Hickory Kist. The district court granted summary judgment in favor of Hickory Kist, and Jex appealed. The court of appeals affirmed in part and reversed in part. Hickory Kist petitioned for certiorari, and Jex crosspetitioned.

We... More...   $0 (09-16-2008 - UT)

¶1 In 1964, Richard and Nancy Madsen financed the purchase of their home by borrowing money from Prudential Federal Savings and Loan Association (“Prudential”) under a real estate mortgage contract. The contract obligated the Madsens to make monthly payments into an account held by Prudential for the purpose of paying taxes and insurance premiums. Prudential paid no interest or earnings on th... More...   $0 (09-23-2008 - UT)

¶1 Michael Oman was an employee of Davis County School District (the “District”) until 2003, when he was fired. Oman subsequently filed suit against the District and seven District employees (collectively, “Defendants”), claiming breach of contract, breach of the implied covenant of good faith and fair dealing, defamation, intentional infliction of emotional distress, and violation of the... More...   $0 (10-03-2008 - UT)

¶1 Appellants Scott Barrett and Robert Slusher, a client of Barrett’s and former client of Appellees, appeal the trial court’s rulings in favor of Christensen & Jensen, P.C. (formerly Christensen, Jensen and Powell, P.C.) and its attorney, L. Rich Humpherys (collectively, Appellees) on claims arising from the Campbell v. State Farm case.1

BACKGROUND

¶2 In 1981, Curtis Campbell,... More...   $0 (09-17-2008 - UT)

¶1 This appeal raises two related questions: (1) whether a pharmacy may be held liable in negligence for continuing to fill prescriptions for a drug that has been withdrawn from the market by the Food and Drug Administration (FDA) and/or the manufacturer; and (2) whether a pharmacy may be held liable in negligence for failing to warn the patient of the drug’s status. The district court granted ... More...   $0 (09-17-2008 - UT)

Travelers Indemnity Company of Connecticut insured High Mountain, LLC, which managed two condominium units in Utah owned by John F. and Diane L. Mullin. The Mullins sued High Mountain for renting the units for discounted rates without permission, theft of property from the condominiums owned by the Mullins, failure to forward rental income, and theft of property from a rental unit that the Mullins... More...   $0 (09-15-2008 - UT)

This appeal involves an oil and gas royalty fund that the State of Utah (“Utah”) is required to administer for the benefit of members of the Navajo Nation living in San Juan County, Utah. In this class action, beneficiaries of the Navajo Trust Fund (the “Beneficiaries”) seek a fiduciary accounting of trust fund activities from Utah. In proceedings below, Utah unsuccessfully argued that all... More...   $0 (09-03-2008 - UT)

In this civil enforcement action, the Securities and Exchange Commission (“Commission” or “SEC”) charged that Jon R. Marple (“Marple”) and Grateful Internet Associates, LLC (“Grateful”),1 violated Section 10(b) of the Securities Exchange Act of 1934 (Ҥ 10(b)”), 15 U.S.C. § 78j(b); Commission Rule 10b-5 (“Rule 10b-5”), 17 C.F.R. § 240.10b-5; and Section 17(a) of the Secu... More...   $0 (09-02-2008 - UT)

¶1 On January 30, 2006, Holladay Towne Center, LLC (HTC) filed an application with Holladay City to build a Walgreens drugstore within the city's Holladay Village Center zone (HVC zone). The parties dispute whether HTC's proposal met the HVC zone's thencurrent zoning requirements. On February 24, the city's Community Development Director, Paul Allred, sent correspondence to HTC requesting that HT... More...   $0 (08-14-2008 - UT)

¶1 Plaintiffs ShaRon and Lynn Williams appeal the district court's grant of Defendants' rule 12(b)(6) motion to dismiss.1 Plaintiffs claim that the trial court erred in (1) concluding that they had failed to state a claim upon which relief could be granted and (2) refusing to allow them to amend their complaint upon granting Defendants' motion to dismiss. Plaintiffs also contend that it was proce... More...   $0 (08-21-2008 - UT)

¶1 Appellant Asael Farr & Sons Company (Farr) appeals the trial court's denial of Farr's motion for partial summary judgment against Safeco Insurance Co. (Safeco), American States Insurance Co. (American States), Hartford Steam Boiler Inspection and Insurance Co. (Hartford), Trustco, Inc. (Trustco), and Andrew L. Reed; and the court's grant of summary judgment in favor of Appellees Reed, Trustco,... More...   $0 (09-01-2008 - UT)

¶1 This case comes before us on appeal from the Third District Court. Plaintiff Overstock.com, Inc., (Overstock) appeals (1) the district court’s grant of summary judgment to defendant SmartBargains, Inc. (SmartBargains) holding that SmartBargains’ use of Internet pop-up advertisements (pop-ups)1 is not unfair competition and is not tortious interference with Overstock’s prospective busines... More...   $0 (08-19-2008 - UT)

¶1 While the underlying litigation in this case involves multiple issues and parties, this interlocutory appeal concerns only the dismissal of one of Richard Davis’s many causes of action. The district court dismissed Mr. Davis’s challenge to Provo City’s annexation of his land, holding that he did not bring his challenge within the statutory time limit. The district court held that Utah Co... More...   $0 (08-28-2008 - UT)

¶1 This case presents two certified questions from the Tenth Circuit Court of Appeals: (1) Does the Utah Governmental Immunity Act (“UGIA”) confer to state officers immunity from suit or immunity from liability? and (2) Does the UGIA require that a notice of claim against state officials in their individual capacity expressly aver “fraud” or “malice”? We conclude (1) that the UGIA con... More...   $0 (08-29-2008 - UT)

Deputy Kristin Jones appeals the district court’s partial denial of her motion for summary judgment based on qualified immunity. Jones stopped Plaintiff Sherry Amundsen after observing her improperly change lanes and weave between lanes. During the course of the stop, Jones administered roadside sobriety tests and ultimately arrested Amundsen for driving under the influence. Amundsen later submi... More...   $0 (08-08-2008 - UT)

Appellants are the majority shareholders of the closely held corporation, American
Nutrition, Inc. (“ANI”), and ANI itself. The majority shareholders are the members of the
Behnken family – Jack and Nancy Behnken and their three adult children, William, Sandi, and
John Behnken (“the Behnken siblings”). The Behnkens, directly or through other completely
controlled corporat... More...   $0 (08-08-2008 - UT)

Craig Feller, age 58, sued the City of Ogden, Utah on a negligence theory claiming that he was injured as a result of the City's SWAT team to use due care on April 18, 2002 and as a direct result, Feller was injured. Feller was working for Fox 13 in Salt Lake City as a cameraman at the time for the accident which occurred while he was filming an Ogden Swat Team exercise at Eagle Lake Golf Course ... More...   $0 (08-01-2008 - UT)

¶1 River Crossings, LLC (River Crossings) appeals the trial court's denial of its rule 60(b) motion to set aside a default judgment. See Utah R. Civ. P. 60(b). We affirm.

BACKGROUND

¶2 Arbogast Family Trust (Arbogast) provided River Crossings a $2,450,000 loan. The loan was to be repaid with interest by September 16, 2005. If repayment was more than five days late, the loan agreeme... More...   $0 (07-17-2008 - UT)

¶1 In 2002, Provo City sought to condemn Appellants' property to build a road and bike path that would connect two existing Provo streets. Because their property is in an unincorporated area of Utah County, Appellants disputed Provo's right to condemn the property. Provo City moved for immediate occupancy, which was granted, although the trial court stayed enforcement to allow Appellants to pursu... More...   $0 (07-25-2008 - UT)

¶1 This case presents the interesting question of whether an individual concurrently employed full-time by two governmental entities may accrue toward retirement more than one year of service credit--i.e., two years of service credit, one for each job--in any given year. We conclude that he cannot.

BACKGROUND

¶2 Norman O. Whitaker wants to retire. He is currently employed "full-tim... More...   $0 (07-25-2008 - UT)

¶1 This case comes to us on appeal from directed verdicts granted by the trial court. Welden Daines sued the Ambulatory Surgical Centers Group, L.C. (ASC) and Richard Vincent seeking to enforce an alleged oral agreement. After Daines presented his case-in-chief, the trial court granted directed verdicts against him effectively dismissing all of his claims. Central to the appeal before us is an ag... More...   $0 (07-30-2008 - UT)

¶1 In this appeal we are asked to determine whether the district court erred in granting summary judgment to 4Life Research, L.C. (4Life). The district court concluded that Nu-Med USA, Inc.’s (Nu-Med) claims were barred by rule 13 of the Utah Rules of Civil Procedure as compulsory counterclaims that were required to be litigated in prior litigation between the parties.

The court also rej... More...   $0 (07-30-2008 - UT)

¶1 We are called upon in this case to decide the narrow question of whether the trial court applied the correct legal standard when it concluded that withdrawal of counsel was not justified because the attorney-client relationship was not “irretrievably broken.” We conclude that the trial court applied the wrong legal standard. We therefore reverse and remand.

BACKGROUND

¶2 In ... More...   $0 (07-08-2008 - UT)

¶1 Ray Burrows, acting under a durable power of attorney for asset management, gifted the personal property of his stepmother, Ida Burrows, to her children and stepchildren prior to her death. Following Ida’s death, Kay Eagar, Ida’s daughter, brought suit to compel the stepchildren to return the property to her late mother’s estate for distribution according to the terms of Ida’s will. Th... More...   $0 (07-11-2008 - UT)

¶1 Appellant B.A.M. Development alleges that the trial court incorrectly applied the “rough proportionality” analysis from Dolan v. City of Tigard, 512 U.S. 374 (1994), in examining whether an exaction required of the developer by Appellee Salt Lake County was an unconstitutional taking. We hold that the trial court did not apply the correct analysis, and thus reverse and remand.

BACKG... More...   $0 (07-15-2008 - UT)

Seeking to capitalize on the growth of broadband cable access in China, Big Sky Network Canada (“Big Sky”) formed a joint venture with a Chinese company to provide cable services to Chengdu City, the capital of Sichuan Province in central China. In response to a subsequent national directive banning foreign ownership of cable companies, two sub-national governments – the defendants in this a... More...   $0 (07-21-2008 - UT)

Deputy Kristin Jones appeals the district court’s partial denial of her motion for summary judgment based on qualified immunity. Jones stopped Plaintiff Sherry Amundsen after observing her improperly change lanes and weave between lanes. During the course of the stop, Jones administered roadside sobriety tests and ultimately arrested Amundsen for driving under the influence. Amundsen later submi... More...   $0 (07-21-2008 - UT)

In this case, two companies with similar names find themselves in the midst of a trademark dispute. Over the course of several years, Sure Foot Corp. has repeatedly accused Surefoot LC, of infringing on its trademark, occasionally threatened litigation if Surefoot LC failed to change its name, and filed five administrative petitions opposing Surefoot LC’s attempts to obtain trademark registratio... More...   $0 (07-14-2008 - UT)

1 In this case, a landlord, IHC Health Services, Inc. ("IHC"), seeks to eject its tenant, D & K Management ("D & K"), for breach of its lease (the "Lease") because of a late rental payment. The district court granted summary judgment in favor of IHC and awarded attorney fees to IHC pursuant to a provision in the Lease. D & K appeals, asserting that the district court erred when it (1) held t... More...   $0 (06-20-2008 - UT)

Scott Ockey ("Ockey"), one of the beneficiaries of the trusts, alleges that h... More...   $0 (06-24-2008 - UT)

2 Early in the morning on May... More...   $0 (06-05-2008 - UT)

2 Hoyer is an amateur herpetologist specializing in the study of the species of snake commonly known as the rubber boa. On January 9, 2004, Division of Wildlife Resource... More...   $0 (06-13-2008 - UT)

2 Pett first argues that the district court erred as a matter of law by granting summary judgment against him when there were material facts in ... More...   $0 (06-12-2008 - UT)

1 Lisa Bybee filed a wrongful death action against Dr. Alan Abdulla, alleging that his negligent care caused her husband, Mark Bybee, to commit suicide. Because Mr. Bybee had entered into an arbitration agreement, Dr. Abdulla filed a motion to enforce the agreement and to compel Mrs. Bybee to arbitrate her wrongful death claim. The district court denied the motion, and Dr. Abdulla appealed. ... More...   $0 (06-13-2008 - UT)

Sharon Johnson was an officer with the LaVerkin City, Utah, police department. During an out-of-... More...   $0 (06-11-2008 - UT)

1 Defendants Ralph Petty, Jarmaccc Properties, LLC, and Jarmaccc, Inc. (collectively Jarmaccc) appeal the trial court's grant of summary judgment in favor of Plaintiff Sonya Capri Bangerter. Specifically, Jarmaccc argues that the trial court erred in determining that a sheriff's sale of Ms. Bangerter's house (the Property) is void because the sheriff's sale included an incorrect legal descri... More...   $0 (05-01-2008 - UT)