Utah Injunction Law

Jacques Behar v. Brad Johnson, et al.

<h2> Ogden, Utah condominium law lawyers represented the parties. </h2> In 2020, Jacques Behar was elected to be one of five members of the board of trustees (Board) of the Green Hill Estates Homeowners Association (HOA). But in 2021, his fellow Board members, without consulting the rank-and-file HOA members, voted him off the Board. Behar took issue with his removal and filed thi... More...

$0 (09-12-2024 - UT)

Exotic Smoke & Vape v. Spencer J. Cox

Salt Lake City, Utah civil litigation lawyer represented Plaintiff, who sued the State of Utah on a regulatory taking theory. In March 2021, Utah enacted Senate Bill 189, the "Tobacco Retailer Amendments.â€ As relevant here, Senate Bill 189 amended Utah Code Â§Â§ 10-8-041.6 and 17-50-33 to prohibit the operation of a "Retail tobacco specialty businessâ€ within "1,000 fe... More...

$0 (06-28-2022 - UT)

Steve Ray Evans v. Sandy City, et al.

In 2016, the Sandy City, Utah city council adopted an ordinance making it illegal for any person ï¿½to sit or stand, in or on any unpaved median, or any median of less than 36 inches for any period of time.ï¿½ Sandy City Traffic Code, Article 16, Section 299.1 (the Ordinance). After the Sandy City council adopted the Ordinance, Plaintiff- Appellant Steve Ray Evans received fo... More...

$0 (12-03-2019 - UT)

United States of America v. R. Gregory Shepard and Neldon Johnson and RaPower-3, LLC

<center> <img width="300" src="https://www.gsa.gov/ephox_images/slcCourthouse-blurred-large_1396391063940.jpg"> </center> Salt Lake City, UT - Federal Court Orders Tax Scheme Promoters to Disgorge $50 Million in Gains From Fraudulent Solar Energy Tax Scheme Court also permanently bars defendants from facilitating and promoting scheme A federal court in Salt Lake ... More...

$50000000 (10-09-2018 - UT)

Judith Pinborough Zimmerman, Ph.D. v. University of Utah and Dr. William McMahon

¶1 This case comes to us on certification from the United States District Court for the District of Utah. UTAH R. APP. P. 41. The certified questions are as follows: 1. Is the Free Speech Clause of the Utah Constitution self-executing? 2. If question 1 is answered in the affirmative, what are the elements of a claim brought under the clause? 3. Does an employee who receives notice that his or... More...

$0 (02-05-2018 - UT)

Ryan Harvey v. Ute Indian Tribe of the Uintah and Quray Reservation, et al.

¶1 The oil and gas industry is a major economic force in the Uintah Basin. This industry relies, to some extent, on access to the Uintah and Ouray Reservation of the Ute Indian Tribe. The plaintiffs allege that, through its ability to restrict the industry’s access to tribal lands, the tribe has held hostage the economy of the non-Indian population. ¶2 Ryan Harvey, a plaintiff and part own... More...

$0 (11-07-2017 - UT)

Lynn D. Becker v. Ute Indian Tribe of the Uintah and Ouray Reservation

The Ute Indian Tribe of the Uintah and Ouray Reservation1 appeals a preliminary injunction ordering it not to proceed with litigation in tribal court against a nonmember former contractor, Lynn Becker. The district court ruled that although the parties’ dispute would ordinarily come within the tribal court’s jurisdiction, their Independent Contractor Agreement (the Contract) wa... More...

$0 (08-25-2017 - UT)

Ute Indian Tribe of the Uintah and Ouray Reservations v. Honorable Barry G. Lawrence

This appeal arises from a contract dispute between Lynn Becker and the Ute Indian Tribe of the Uintah and Ouray Reservation.1 Our concern, however, is not the merits of the dispute but jurisdiction. Mr. Becker, who is not an Indian, pursued his claim against the Tribe in Utah state court. The Tribe responded by filing suit in the United States District Court for the District of Uta... More...

$0 (08-25-2017 - UT)

United States of America v. Isomeric Pharmacy Solutions, L.L.C. (Isomeric), William O. Richardson, Rachael S. Cruz, and Jeffery D. Brown

Salt Lake City, UT - District Court Enters Permanent Injunction Against Utah Pharmacy and Its Executives to Prevent Distribution of Adulterated, Misbranded and Unapproved New Drugs The U.S. District Court for the District of Utah entered a consent decree of permanent injunction against defendants Isomeric Pharmacy Solutions LLC (Isomeric), William O. Richardson, who serves as its Chief Ex... More...

$0 (08-07-2017 - UT)

Stiching Mayflower, et al. v. United Park City Mines Company, et al.

¶1 This case involves a dispute over a mining road built on Flagstaff Mountain (near Park City) over a century ago. The plaintiffs are Stichting Mayflower Mountain Fonds and Stichting Mayflower Recreation Fonds (collectively ―Mayflower‖). Defendants in the suit are owners of land traversed by the road. ¶2 Plaintiffs have asserted a right to use the road (1) as a public highway under... More...

$0 (03-22-2017 - UT)

United States of America v. Donald Bowers

Defendant Donald Bowers was previously involved in a civil trade secret misappropriation case that was litigated in the United States District Court for the District of Utah. During the course of that litigation, Bowers willfully and repeatedly violated a permanent injunction issued by the district court presiding over the case, and also refused to purge himself of civil contempt. ... More...

$0 (02-12-2017 - UT)

Barbara Bagley v. Bargara Bagley

¶1 In 1910, the district court issued the Little Cottonwood Morse Decree, which established water rights for the Little LITTLE COTTONWOOD v. SANDY CITY Opinion of the Court 2 Cottonwood Creek. The decree also terminated a contract that conferred a right to use a portion of this water. The Morse Decree replaced the terminated contract with new terms that govern this contr... More...

$0 (10-27-2016 - UT)

Ute Indian Tribe of the Uintah and Ouray Reservations v. Myton

We’re beginning to think we have an inkling of Sisyphus’s fate. Courts of law exist to resolve disputes so that both sides might move on with their lives. Yet here we are, forty years in, issuing our seventh opinion in the Ute line and still addressing the same arguments we have addressed so many times before. - 2 - Thirty years ago, this court decided all boundary disputes... More...

$0 (08-30-2016 - UT)

UNITED STATES OF AMERICA v. GEORGE BADGER

The government appeals only the district court’s ruling that it cannot proceed on its reverse-piercing alter-ego theory.1 The court essentially ruled that the government had failed to state a claim, regardless of the truth of its allegations. For the purposes of this appeal, we therefore take the allegations of the government’s complaint (the Complaint) as true, see Gee v... More...

$0 (03-26-2016 - UT)

Utley v. Mill Man Steel

Mill Man Steel fired Kendall Utley on suspicion that he had misappropriated steel from the company. In so doing, Mill Man refused to pay Utley the commissions he claimed to have earned, asserting a right to withhold the commissions as an offset against the value of the allegedly misappropriated steel. Utley filed this suit, claiming that Mill Man had violated the Utah Payment of Wages Act (UPWA). ... More...

$0 (09-14-2015 - UT)

Innosys v. Mercer

<center> <img width="200" src="http://www.alpinecourtreporting.com/images/acrlogo.png"> </center> ¶4 In January of 2008, immediately following Amanda Mercer‘s graduation from the University of Utah, InnoSys hired her as an engineer. Per its standard practice, InnoSys had Mercer sign a non-disclosure agreement (NDA). By signing, Mercer promised not to ―copy, tra... More...

$0 (09-01-2015 - UT)

Utley v. Mill Man Steel

Mill Man Steel fired Kendall Utley on suspicion that he had misappropriated steel from the company. In so doing, Mill Man refused to pay Utley the commissions he claimed to have earned, asserting a right to withhold the commissions as an offset against the value of the allegedly misappropriated steel. Utley filed this suit, claiming that Mill Man had violated the Utah Payment of Wages Act (UPWA). ... More...

$0 (08-22-2015 - UT)

Ute Indian Tribe of the Uintah and Ouray Reservation v. State of Utah, Duchesne County, Uintah County, Rossevelt City and Bruce Ignacio

In our layered system of trial and appellate courts everyone's assured at least two chances to air a grievance. Add to this the possibility that a lawsuit might bounce back to the trial court on remand or even rebound its way to appeal yet again â€” or the possibility that an issue might win interlocutory review â€” and the opportunities to press a complaint grow abundant... More...

$0 (06-16-2015 - UT)

R. Wayne Klein v. William R. Cornelius

This is an appeal from the district court's grant of summary judgment to the court-appointed receiver for Winsome Investment Trust, a business entity whose founder, Robert J. Andres, caused it to illegally distribute funds as part of a Ponzi scheme. The court found that Andres had fraudulently transferred funds from Winsome to William T. Cornelius and his law firm, Cornelius & Salh... More...

$0 (05-27-2015 - UT)

Zagg, Inc. v. Lorence A. Harmer

¶1 Zagg, Inc. appeals from the district court's interlocutory order denying its request for an injunction to prevent Lorence A. Harmer from selling shares of Zagg stock under the terms of a settlement agreement between the parties. We reverse that order and remand the matter to the district court for further proceedings. Zagg, Inc. v. Harmer BACKGROUND ¶2 Harmer is a ... More...

$0 (02-26-2015 - UT)

Candace Peterson v. John Andrew Armstrong

¶1 John Andrew Armstrong (Husband) appeals from the Fourth District Court's order entering a civil stalking injunction against him and in favor of Candace Peterson (Grandmother). 1. The Honorable Pamela T. Greenwood and Russell W. Bench, Senior Judges, sat by special assignment as authorized by law. See generally Utah R. Jud. Admin. 11-201(6). Peterson v. Armstrong Hus... More...

$0 (10-17-2014 - UT)

Peter David Zappe v. Kristie Bulluck

¶1 Kristie Bullock appeals the district court's entry of a civil stalking injunction against her. Bullock argues that the district court's ruling was not supported by sufficient evidence and that the district court erred by prohibiting her from impeaching petitioner Peter David Zappe with evidence of a prior felony conviction. We affirm. Zappe v. Bullock I. Sufficiency... More...

$0 (10-23-2014 - UT)

Daniel James Sheeran v. Paul Thomas

¶1 Paul Thomas appeals from a civil stalking injunction entered against him. We affirm the injunction, with two important clarifications. ¶2 Daniel James Sheeran, who petitioned for the civil stalking injunction against Thomas, had worked for several years with Thomas's girlfriend. Thomas thought that Sheeran was harassing and annoying his girlfriend at work and made effo... More...

$0 (12-11-2014 - UT)

Derma Pen, LLC v. 4Everyoung Limited

Two companies, Derma Pen, LLC and 4EverYoung, entered a sales distribution agreement. Under the agreement, Derma Pen, LLC obtained the exclusive right to use the DermaPen trademark in the United States. 4EverYoung had a contractual right of first refusal, allowing purchase of Derma Pen, LLC's U.S. trademark rights upon termination of the distribution agreement. Derma Pen, LLC t... More...

$0 (12-09-2014 - UT)

Chris Hogan v. Michael K. Winder, et al.

Chris Hogan lost his job with the Utah Telecommunications Open Infrastructure Agency, or "UTOPIA,â€ a state agency charged with upgrading high-speed internet access. Claiming he was fired for revealing a conflict of interest in contract awards, he threatened to sue the agency for wrongful termination. Shortly after making this threat, he was subject to several unflattering... More...

$0 (08-06-2014 - UT)

Lloyd Smith v. Timothy Vern Simas

¶1 Lloyd and Laurie Smith filed suit against Timothy Vern and Christy Leigh Simas claiming that the Simases' house, constructed adjacent to the Smiths' house, violated the Declaration of Covenants, Conditions, and Restrictions recorded against the Simases' property. On appeal, the Smiths challenge the trial court's denial of their requests for injunctive relief, nominal damage... More...

$0 (04-10-2014 - UT)

State of Utah v. Mitchell Edward Wolf

¶1 Mitchell Edward Wolf stood trial for charges that he stalked and threatened his long-time partner and one of her co-workers. Late at night after the first day of trial, Wolf shot himself in the stomach. When he did not appear in court the next morning, the trial court completed the trial in Wolf's absence. The jury convicted Wolf on all charges. Wolf appeals. We hold that b... More...

$0 (01-24-2014 - UT)

M.K. v. Sean Doyle

¶1 Sean Doyle appeals the trial court's grant of M.K.'s petition for a civil stalking injunction against him. We affirm. ¶2 In order to obtain a civil stalking injunction, M.K. was required to prove, by a preponderance of the evidence, that Doyle intentionally or knowingly engaged in a course of conduct directed at her that he knew or should have known would cause a reaso... More...

$0 (07-03-2014 - UT)

Lori Ramsay and Dan Smalling v. Kane County Human Resource Special Service District

¶ 1 Plaintiffs Lori Ramsay and Dan Smalling sued various parties based on the alleged failure of their employer, Kane County Hospital, to fund their retirement benefits at the level required by the Utah State Retirement and Insurance Benefit Act. The district court dismissed Plaintiffs' claims for lack of jurisdiction because Plaintiffs conceded they had not exhausted their administrative remedie... More...

$0 (02-25-2014 - UT)

United States of America v. Kevin Hartshorn, conducting business through the Church of Compassionate Service

Defendant Kevin Hartshorn appeals the district court's issuance of an injunction against him under 26 U.S.C. Â§ 7408, arguing the court erred in concluding he promoted an abusive tax shelter in violation of 26 U.S.C. Â§ 6700. The district court agreed with the government that Defendant was promoting abusive tax shelters through his church, the Church of Compassionate Service, and particularly ... More...

$0 (06-02-2014 - UT)

Robert A. Baird v. Gloria Baird

¶1 Robert Baird sought and obtained a stalking injunction against his mother, Gloria Baird. The district court entered the three year injunction after determining that Gloria's nearly daily phone calls to Robert were causing him emotional distress. On appeal, we are asked to determine whether the district court erred in entering the injunction based solely on its finding that Gloria's conduct was... More...

$0 (03-07-2014 - UT)

Bel Courtyard Investments, Inc. v. Josh Wolfe and Maarie Isaacson

¶1 Bel Courtyard Investments, Inc. (BCI) and Mark Bellini (collectively, the landlords) appeal the district court's judgment in favor of Josh Wolfe and Maarie Isaacson (the tenants) for forcible detainer. We affirm and remand for calculation of attorney fees. Bel Courtyard Investments v. Wolfe 1"On appeal from a bench trial, we view the evidence in a light most favorable to the tria... More...

$0 (09-06-2013 - UT)

Aruna G. Shah v. Intermountain Healthcare, Inc.

¶1 Aruna G. Shah and Ghanshyam B. Shah appeal the trial court's denial of their motion for leave to amend their complaint against Intermountain Healthcare, Inc. (LDS Hospital), Dr. Kelly Myers, Dr. Thomas D. Bauman, Dr. George E. Thomsen, Dr. James Zebrack, and Dr. David S. Feuer (collectively, the Defendants). We affirm. BACKGROUND ¶2 The Shahs were involved in an automobile accid... More...

$0 (10-31-2013 - UT)

Tom Gregory v. Mark Shurtleff

¶1 Appellants brought suit to enjoin the enforcement of a law, claiming that the law violated the state constitution in four respects. The district court dismissed the first two claims and rejected the second two claims on summary judgment. On appeal, we consider whether Appellants had standing to bring these claims in the first place. We hold that, although they lacked the personal injury requir... More...

$0 (03-19-2013 - UT)

Snow, Christensen & Martineau v. Honorable Denise P. Lindberg

¶1 This case requires us to determine whether an attorneyclient relationship that existed between the United Effort Plan Trust SNOW et al v. HONORABLE LINDBERG Opinion of the Court _____________________________ 1 On June 13, 2011, we stayed the present case pending disposition of the appeal in a related case, Fundamentalist Church of Jesus Christ of Latter-Day Saints v... More...

$0 (03-12-2013 - UT)

Weber County v. Ogden Trece aka Centro City Locos

¶1 We are presented with two consolidated cases. The first is a direct appeal (Appeal) from an injunction entered against Ogden Trece (Trece), a criminal street gang. The second is a petition for WEBER CO. v. OGDEN TRECE Opinion of the Court extraordinary writ (Petition) brought by three alleged Trece members who were served with the injunction. ¶2 Weber County (Count... More...

$0 (10-18-2013 - UT)

Kelli Ann Roper v. Jacob Michael Shovan

¶1 Appellant Jacob Michael Shovan appeals the district court's issuance of a civil stalking injunction. Accordingly, the issues before this court are limited to a determination whether the district court erred in issuing the civil stalking injunction. To the extent that Shovan seeks affirmative relief regarding issues of child custody and parentâ€time, those issues are not properly before th... More...

$0 (05-16-2013 - UT)

Klein-Becker USA, LLC v. Patrick Englert d/b/a Mr. Finest Supplements

Klein-Becker USA and Klein-Becker IP Holdings (collectively "Klein-Beckerâ€) sued Patrick Englert and Mr. Finest, Inc., for trademark infringement, copyright infringement, false advertising, and unfair competition under the Lanham Act; false advertising under the Utah Truth in Advertising Act; unfair competition under the Utah Unfair Practices Act; fraud; civil conspiracy; and... More...

$0 (03-27-2013 - UT)

North Fork Special Service District v. Robert Bennion

¶1 Robert Bennion appeals from the trial court's entry of summary judgment in favor of the North Fork Special Service District (the District) for past due service fees and interest charges that exceed $200. Bennion also challenges the trial court's award of attorney fees under Utah Code section 78Bâ€5â€825. See Utah Code Ann. Â§ 78Bâ€5â€825 (LexisNexis 2012). We vacate the j... More...

$0 (01-04-2013 - UT)

Supernova Media, Inc. v. Shannon's Rainbow, LLC

¶1 Supernova Media, Inc., and Joycelyn Engle appeal the denial of their motions to intervene as of right in two district court cases that we consolidate for purposes of this opinion. They also appeal the partial sealing of the record in one of the cases. We reverse the denial of the motions to intervene and set aside the sealing order. We remand for the district court to consolidate the cases and... More...

$0 (02-15-2013 - UT)