Salt Lake City, UT: Employment law lawyer represented Plaintiff, who sued Defendant on a Family and Medical Leave Act violation theory under 29 U.S.C. 2601.

The Family and Medical Leave Act provides as follows:

§2612. Leave requirement
(a) In general
(1) Entitlement to leave

Subject to section 2613 of this title and subsection (d)(3), an eligible employee... More...    $0 (09-09-2021 - UT)

This is a 42 U.S.C. § 1983 case; the single issue presented involves the costs to
be awarded Plaintiffs after they prevailed at trial against Defendant Brian Bairett.
Ordinarily prevailing parties can recover litigation costs from their opponent. See
Fed. R. Civ. P. 54(d)(1). But Fed. R. Civ. P. 68 allows “a party defending against a
claim” to limit his liability for the other side... More...    $0 (03-10-2018 - UT)

¶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)

The State tried Mr. Martin on four counts of aggravated sexual abuse of a child, a first-degree felony, for sexually abusing his sisters-in-law A.L. and N.L. while occupying “a position of special trust in relation to” them. UTAH CODE § 76-5-404.1(4)(h). ¶ 7 At trial, A.L. testified that Mr. Martin had touched her vagina on four different occasions while he was supervising her; N.L. testified tha... More...    $0 (11-26-2017 - UT)

Michael Johnson was charged and tried for murder. At trial, Mr. Johnson requested an instruction for the lesser offense of homicide by assault. The trial court agreed and stated on the record that it would use the homicide by assault instruction submitted by Mr. Johnson. ¶3 The jury returned a guilty verdict on the murder charge, and Mr. Johnson appealed his conviction to the court of appeals. H... More...    $0 (11-26-2017 - UT)

In November 2009, Benjamin Rettig and Martin Bond traveled from Vernal, Utah, to the home of Kay Mortensen in Spanish Fork, Utah.1 Mortensen owned a large supply of firearms that were located in a “bunker” behind his home. Bond and Rettig traveled to his home with the intent to steal some of his firearms. The two entered Mortensen’s home with a handgun while wearing ski masks and latex gloves. The... More...    $0 (11-26-2017 - UT)

¶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 owner o... More...    $0 (11-07-2017 - UT)

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)

¶1 Hadley Christensen claims reimbursement pursuant to Utah
Code section 52-6-201, from his former employer, Juab School
District, for attorney fees and costs incurred in a successful defense
against charges of aggravated sexual abuse of a child. The two issues
before us are (1) whether the right to reimbursement attaches based
on the allegations within the information, or unde... More...    $0 (08-11-2017 - UT)

¶1 In 2003, L + C Unlimited Corporation (L + C) was assigned
the lease that permitted the Golden Isle Restaurant to operate in a
strip mall in Murray, Utah. Xiao-Yan Cao, L + C’s president,
personally guaranteed L + C’s performance. In 2006, the lease was
again assigned, this time to Hong G. Lin. As part of that assignment,
the lease term was extended until September 30, 2013, ... More...    $0 (08-24-2017 - UT)

¶ 1 After a fourteen-year-old student at Juan Diego Catholic High School suffered serious and life-threatening injuries in his drama class, his parents filed a lawsuit, individually and as parents and guardians of the student. They asserted negligence and vicarious liability claims and also sought to bring a personal claim for loss of filial consortium. The district court dismissed the loss of fil... More...    $0 (08-25-2016 - UT)

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. Pa... More...    $0 (03-26-2016 - UT)

The Osguthorpes have asserted that ASC stands in breach of contract. Their claims arise out of ASC‘s management of the land in question. In challenging ASC‘s actions, the Osguthorpes asserted claims for breach of the covenant of good faith and fair dealing, for injunctive relief, and for equitable rescission or reformation of the agreement between ASC and the Osguthorpes. The first claim was resol... More...    $0 (10-14-2015 - UT)

Plaintiffs appeal the district court’s dismissal of a securities class action against
ZAGG, Inc. and its former CEO and Chairman, Robert Pedersen, alleging violations
of the antifraud provisions of the securities laws. The plaintiffs allege Pedersen failed
to disclose in several of ZAGG’s SEC filings the fact that he had pledged nearly half
of his ZAGG shares, amounting to approxim... More...    $0 (08-18-2015 - UT)

Salt Lake City, UT - Utah Supreme Court reverses district court's denial of claimed right to jury trial

This case arises out of a dispute over compensation paid to an attorney, Gregory Jones, by the law firm Mackey Price Thompson & Ostler (Mackey Price) for work Mr. Jones performed on several class-action contingency fee cases involving the weight-loss pill FenPhen. Mr. Jones worked on th... More...    $0 (07-29-2015 - UT)

¶1 This case, like Nevares v. M.L.S., 2015 UT 34, presents ques-tions concerning the applicability and constitutionality of Utah Code section 78B-6-111. That provision forbids a biological father
1 Associate Chief Justice Nehring acted on this case prior to his retirement.
IN RE ADOPTION OF J.M.S.
Opinion of the Court
2
from challenging an adoption when his child was conceived... More...    $0 (02-06-2015 - UT)

Defendant-Appellant Michael Loren Dunn was convicted of possession of
child pornography, 18 U.S.C. § 2252A(a)(5)(B) (Count I), receipt of child
pornography, 18 U.S.C. § 2252A(a)(2) & (b) (Count II), and distribution of child
pornography, 18 U.S.C. § 2252A(a)(2) & (b) (Count III). 1 R. 583–85. The
district court sentenced Mr. Dunn to 144 months’ imprisonment and a 25-year
... More...    $0 (02-10-2015 - UT)

¶ 1 This case involves a child custody agreement made by divorcing parents. The agreement contemplated that L.B.
1. The Honorable Judith M. Billings, Senior Judge, sat by special assignment as authorized by law. See generally Utah R. Jud. Admin. 11-201(6).
R.B. v. L.B.
20130188-CA 2 2014 UT App 270
(Mother) would have custody of their minor son (Child) until he entered the seventh... More...    $0 (11-14-2014 - UT)

¶ 1 Theophelus Clay McClellan Jr. appeals his sentences for retail theft and for violating a protective order. Because he has already served these sentences, we dismiss the appeal as moot.
¶ 2 On April 29, 2013, the district court sentenced McClellan to two concurrent 365-day jail sentences less time served. The court ordered the cases to be closed upon completion of the sentences. McClellan... More...    $0 (11-14-2014 - UT)

¶1 Alexis Veysey (Mother) challenges the district court’s
adoption of the domestic commissioner’s recommendation
regarding reimbursement of daycare expenses for the parties’
children. We vacate the district court’s order and remand for
further proceedings.
BACKGROUND
¶2 The parties divorced in September 1999. Pursuant to Utah
Code section 78B-12-214, the parti... More...    $0 (11-14-2014 - UT)

¶1 Teton View Golf Estates, LLC, and Idaho Development,
LLC, appeal the trial court’s declaratory judgment that, under Utah
law, Teton View must pay non-member creditors in full before
paying member creditors as it winds up its business and settles its
obligations. We affirm.
1. The Honorable Russell W. Bench, Senior Judge, sat by special
assignment as authorized by law.... More...    $0 (11-14-2014 - UT)

¶1 Danny’s Drywall and its insurer, American Liberty
Insurance Co., (collectively, Employer) petition for judicial review
of a Labor Commission decision awarding permanent total
1. The Honorable Russell W. Bench, Senior Judge, sat by special
assignment as authorized by law. See generally Utah R. Jud. Admin.
11-201(6).
Danny’s Drywall v. Labor Commission
disability ... More...    $0 (11-20-2014 - UT)

¶1 Kim R. Brehm petitions for judicial review of the Workforce
Appeals Board’s (the Board) decision to deny her claim for
unemployment benefits. We do not disturb the Board’s decision.
BACKGROUND
¶2 Petitioner was employed by the judicial branch of the State
of Utah (Employer) from July 3, 1995, through June 11, 2013. Prior
1. The Honorable Pamela T. Greenwood, Senior... More...    $0 (11-28-2014 - UT)

¶1 After police discovered child pornography on Defendant Bradley Fuller‘s computer, he was charged with ten counts of sexual exploitation of a minor, all second-degree felonies. Pursuant to a plea agreement, Mr. Fuller pled guilty to five counts of voyeurism but reserved the right to appeal the trial court‘s order denying his Motion to Suppress. On appeal, he challenges the warrant under the... More...    $0 (07-11-2014 - UT)

¶ 1 This case requires us to once again define the contours of the ―natural condition‖ exception to the waiver provision of the Governmental Immunity Act of Utah.
¶ 2 Appellant Todd Glaittli sued the State of Utah for injuries he suffered when his boat ―heaved‖ and struck him, shattering his shoulder. Mr. Glaittli claimed his injuries were due to the
GLAITTLI v. STATE
Opinion... More...    $0 (07-14-2014 - UT)

¶1 This case comes to us on a petition for extraordinary relief from a case originating in justice court. The underlying justice court proceedings involved misdemeanor charges against Cecil Ralphs under lewdness provisions of the criminal code. An earlier lewdness case culminated in a conviction in justice court in 2010. When Ralphs was subject to further lewdness charges in 2011 and 2012, he was... More...    $0 (08-29-2014 - UT)

¶1 On certiorari, petitioner Andrew LeBeau asks us to
consider whether the court of appeals erred in affirming the district
court’s imposition of a sentence of life without the possibility of
parole following Mr. LeBeau’s conviction for aggravated kidnapping
pursuant to Utah Code section 76-5-302. Mr. LeBeau’s conviction
stems from a domestic dispute triggered by Mr. LeB... More...    $0 (09-19-2014 - UT)

¶1 Nearly twenty-six years ago, a jury convicted Ralph Leroy Menzies of the first degree murder of Maurine Hunsaker. At sentencing, Judge Raymond Uno imposed the death penalty. Since then, we have issued three opinions in Mr. Menzies‘s case:
MENZIES v. STATE
Opinion of the Court
2
two from direct appeals1 and one from a post-conviction appeal.2 In Mr. Menzies‘s first post-conv... More...    $0 (09-23-2010 - UT)

¶1 This case comes before us on cross-motions for summary
disposition and on a petition for an extraordinary writ. The issues
presented in the motions and the petition are (1) whether an
interlocutory decision is subject to the implementing order requirements
of rule 7(f)(2) of the Utah Rules of Civil Procedure and, if so,
(2) whether a rule 54(b) certification can satisfy the... More...    $0 (10-03-2014 - UT)

¶1 This matter comes before the court on an appeal following the district court’s entry of an order purporting to reissue a judgment pursuant to rule 60(b) of the Utah Rules of Civil Procedure. We conclude that the district court erred in reissuing the judgment and that we lack jurisdiction to address the underlying merits of the appeal.
GARVER v. ROSENBERG
Opinion of the Court
2More...    $0 (10-10-2014 - UT)

¶1 This case comes before us on petition for interlocutory
review of two discovery orders in a medical malpractice action.
Plaintiffs Lisa and Marlin Allred brought suit against American Fork
Hospital (Hospital) and Dr. Ronald J. Saunders, alleging that Dr.
ALLRED v. SAUNDERS
Opinion of the Court
1 The Hospital was originally named as a defendant in the
malpractice act... More...    $0 (10-21-2014 - UT)

¶1 Grace Kelson was convicted of five securities law violations and one count of maintaining a pattern of unlawful activity (rack-eteering) related to an investment scheme. The court of appeals overturned Kelson’s securities convictions on the basis of ineffec-tive assistance of trial counsel in stipulating to a jury instruction that purportedly relieved the State of its burden to prove each el... More...    $0 (10-17-2014 - UT)

¶1 William Bolden is the putative father of a child (J.S.) born in 2011. The case before us on appeal is an adoption proceeding involving John and Jane Doe, the would-be adoptive parents of J.S. Bolden tried to intervene in and object to the Does‘ adoption of J.S. He was barred from doing so because he failed to preserve his legal rights as a father by filing a paternity affidavit within the ti... More...    $0 (11-04-2014 - UT)

¶1 This case comes before us on cross-motions for summary
disposition and on a petition for an extraordinary writ. The issues
presented in the motions and the petition are (1) whether an
interlocutory decision is subject to the implementing order requirements
of rule 7(f)(2) of the Utah Rules of Civil Procedure and, if so,
(2) whether a rule 54(b) certification can satisfy the... More...    $0 (10-03-2014 - UT)

¶1 This case comes before us on petition for interlocutory
review of two discovery orders in a medical malpractice action.
Plaintiffs Lisa and Marlin Allred brought suit against American Fork
Hospital (Hospital) and Dr. Ronald J. Saunders, alleging that Dr.
ALLRED v. SAUNDERS
Opinion of the Court
1 The Hospital was originally named as a defendant in the
malpractice act... More...    $0 (10-21-2014 - UT)

¶1 Grace Kelson was convicted of five securities law violations and one count of maintaining a pattern of unlawful activity (rack-eteering) related to an investment scheme. The court of appeals overturned Kelson’s securities convictions on the basis of ineffec-tive assistance of trial counsel in stipulating to a jury instruction that purportedly relieved the State of its burden to prove each el... More...    $0 (10-17-2014 - UT)

¶1 After police discovered child pornography on Defendant Bradley Fuller‘s computer, he was charged with ten counts of sexual exploitation of a minor, all second-degree felonies. Pursuant to a plea agreement, Mr. Fuller pled guilty to five counts of voyeurism but reserved the right to appeal the trial court‘s order denying his Motion to Suppress. On appeal, he challenges the warrant under the... More...    $0 (07-11-2014 - UT)

¶ 1 This case requires us to once again define the contours of the ―natural condition‖ exception to the waiver provision of the Governmental Immunity Act of Utah.
¶ 2 Appellant Todd Glaittli sued the State of Utah for injuries he suffered when his boat ―heaved‖ and struck him, shattering his
GLAITTLI v. STATE
Opinion of the Court
2
shoulder. Mr. Glaittli claimed his i... More...    $0 (07-15-2014 - UT)