Utah Defamation Law

Frederick O. Silver g. Richard Fairbank CEO/President Capital One Financial Corporation

Salt Lake City, Utah pro se Plaintiff, attempted to represent himself without a lawyer, sued Defendants on Fair Credit Reporting Act violation theories. This is an action involving a claim under the Fair Credit Reporting Act (FCRA).[4]Plaintiff generally alleges that he had an account with Capital One but inaccurate reporting has negatively impacted his credit score.[5] Defendant Fai... More...

$0 (07-08-2022 - UT)

James Morden v. XL Specialty Insurance

This appeal concerns an assigned claim on a liability-insurance policy. Belsen Getty, LLC, a registered investment adviser owned by Terry Deru, obtained a claimsmade financial-services-liability policy (the Policy) from XL Specialty Insurance Company covering Belsen Getty and its advisers for the period from October 9, 2010, to October 9, 2011. Under the policy, XL had no duty to d... More...

$0 (09-11-2018 - UT)

Silvan Warnick v. Bradford Cooley; Robin Wilkins; Ethan Rampton; Mark Knighton; Jeffrey Hall

Silvan Warnick brings this 42 U.S.C. § 1983 malicious prosecution case and a number of state law tort claims against several Salt Lake County prosecutors and investigators. He claims he was falsely accused of tampering with evidence that led to the filing of criminal charges against him that were later dismissed. The district court granted the defendants’ motion to dismiss, ... More...

$0 (07-10-2018 - UT)

Monica Cecilia Cook v. Department of Commerce, Division of Occupational and Professional Licensing and Board of Nursing

¶1 Monica Cecilia Cook challenges the Department of Commerce's decision to revoke her Advanced Practice Registered Nurse (APRN) license, revoke her license to prescribe and administer controlled substances, and fine her $5,000 for unprofessional conduct. We approve the decision as to the unprofessional-conduct determination and the fine, but we set aside the Department's revocation of her license... More...

$0 (03-19-2015 - UT)

Diversified Striping Systems, Inc. v. Joe Kraus

¶1 Diversified Striping Stystems, Inc. (Diversified) appeals the district court's dismissal of its tort claims against Joe Kraus; FLJ, LLC; and National Striping (collectively, Kraus) on grounds of forum non conveniens. We reverse and remand for additional findings. ¶2 On March 2, 2012, Diversified filed a complaint against Kraus in Utah's Third District Court, alleging f... More...

$0 (12-11-2014 - UT)

Westmont Residential, LLC v. Brad Buttars

¶1 Westmont Residential, LLC and Terry Foote (collectively, Westmont) appeal the trial court's dismissal of all of Westmont's claims against Brad Buttars and Sarah Miller (collectively, Defendants). We affirm. BACKGROUND ¶2 Defendants sought an early termination of their one-year "Uniform Residential Rental Agreementâ€ (the Rental Agreement) to rent an apartment ... More...

$0 (12-11-2014 - UT)

Betty Keith v. Mountain Resorts Development, LLC

¶ 1 This case is about land in Park City, Utahâ€”a little town that has undergone many transformations. Mormon pioneers first traveled through the area on their way to Salt Lake City. When prospectors discovered silver in the hills, it became a mining boomtown, then, when the price of silver fell, it was nearly deserted as a ghost townâ€”but industrious residents rei... More...

$0 (08-08-2014 - UT)

Betty Keith v. Mountain Resorts Development, LLC

¶ 1 This case is about land in Park City, Utahâ€”a little town that has undergone many transformations. Mormon pioneers first traveled through the area on their way to Salt Lake City. When prospectors discovered silver in the hills, it became a mining boomtown, then, when the price of silver fell, it was nearly deserted as a ghost townâ€”but industrious residents reinvented it as a luxu... More...

$0 (08-08-2014 - 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)

Conilyn Judge v. Saltz Plastic Surgery, P.C. and Renato Saltz

¶1 Conilyn Judge sued her cosmetic surgeon, Dr. Renato Saltz, and his office, Saltz Plastic Surgery, PC, (collectively, Saltz) after they provided photographs of five patients, including Judge, to a television news reporter. The reporter included two photographs depicting Judge before and after her surgery in a news story broadcast on television and posted on the internet. The... More...

$0 (06-26-2014 - UT)

Westmont Maintenance Corporation and Westmont Mirador, LLC v. Dwayne A. Vance

¶1 Westmont Maintenance Corporation and Westmont Mirador, LLC (collectively Westmont2) appeal from the district 1. Judge William A. Thorne Jr. participated in and voted on this case as a regular member of the Utah Court of Appeals. He retired from the court before this decision issued. 2. The parties have taken great care in their briefs to retain the distinction between Westmont Ma... More...

$0 (10-03-2013 - UT)

Mitch Tomlinson v. NCR Corporation

¶1 Mitch Tomlinson appeals from the dismissal of all but two claims in his amended complaint against NCR Corporation. He also appeals from the trial court's subsequent order granting summary judgment in favor of NCR on his remaining claims of wrongful termination and breach of the covenant of good faith and fair dealing. Finally, Tomlinson asserts that the trial court erred in denying his motion ... More...

$0 (01-31-2013 - UT)

Peak Alarm Co., Inc. v. Salt Lake City Corp.

¶1 In this appeal, Salt Lake City employees Shanna Werner and Scott Atkinson (City Employees) contest the district court's denial of their motion for summary judgment. In that motion, they argued that appellees Michael Howe, Jerry Howe, and Peak Alarm Company (Mr. Howe) failed to file suit within the period fixed by the applicable statute of limitations. The City Employees contend that parties wi... More...

$0 (02-15-2013 - UT)

William A. Doyle v. Lehi City

¶1 William A. Doyle appeals the district court's grant of summary judgment in favor of Lehi City, Daniel Harrison, Blythe Bray, and Amanda Len Mackintosh (collectively, Appellees). Doyle claims that the district court erred in striking portions of affidavits he submitted in opposition to Appellees' motion for summary judgment, in concluding that Harrison and Bray were entitled to qualified immuni... More...

$0 (12-06-2012 - UT)

Susan I. Moss v. Parr Waddoups Brown Gee & Loveless

¶1 The plaintiffs in this case brought suit against a law firm and its attorneys for their role in executing civil discovery orders. The orders authorized entry into plaintiffs' home to seize electronic files from plaintiffs' computer and other electronic devices. The plaintiffs raised several causes of action against the law firm and its attorneys, largely based on the theory that the execution ... More...

$0 (08-13-2012 - UT)

Christina Allen v. James N. Ciokewicz

¶1 James N. Ciokewicz (Husband) appeals from the Decree of Divorce entered by the trial court, arguing that the court erred in striking his answer and entering a default judgment in favor of Christina Allen (Wife). Husband further asserts that he did not receive constitutionally adequate notice of the property division hearing. In addition, Husband claims that the trial court erred by failing to ... More...

$0 (06-01-2012 - UT)

Clearone Communications, Inc. v. Andrew Chiang

Plaintiff/appellant ClearOne Communications, Inc. (ClearOne) appeals the district court's decision denying its request for prejudgment interest on damages for trade secret misappropriation. A jury found that defendants/appellees WideBand Solutions, Inc. and associated individual defendants (collectively, WideBand or the WideBand defendants) and Biamp Systems Corporation (Biamp) misappropriated Cle... More...

$0 (08-09-2011 - UT)

Novell, Inc. v. Vigilant Insurance Company

Plaintiff-Appellant Novell, Inc. ("Novellâ€) appeals from the district court's grant of summary judgment in favor of Defendant-Appellee Vigilant Insurance Company ("Vigilantâ€). Exercising jurisdiction under 28 U.S.C. Â§ 1291, we affirm. Background On January 20, 2004, SCO Group ("SCOâ€) sued Novell in state court in Utah, alleging a single cause of actionâ€”sla... More...

$0 (04-29-2011 - UT)

Ray Birmingham v. Experian Information Solutions, Inc.

Raymond Birmingham was the victim of identity theft. Verizon Wireless closed two fraudulent accounts opened in his name, but he disputed charges to his legitimate accounts and closed those as well. Verizon then reported his failure to pay the charges to the three major credit-reporting agenciesâ€”Experian Information Solutions, Inc. (Experian); Equifax; and TransUnion. Birmingham disputed the... More...

$0 (02-07-2011 - UT)

Gary B. Ferguson v. Williams & Hunt, Inc., Elliott J. Williams; George A. Hunt; and Kurt Frankenburg

¶1 Appellant Gary Ferguson appeals the orders of the trial court that dismissed his claims against his former law firm, Williams & Hunt, and former colleagues Elliot Williams, George Hunt, and Kurt Frankenburg (collectively, Defendants). Specifically, Mr. Ferguson asks that we reverse the directed verdict in favor of Defendants on claims of defamation and intentional interference with prospective... More...

$0 (07-31-2009 - UT)

Encon Utah, LlV v. Fluor Ames Kraemer, LLC, Fireman's Fund Insurance Company, and St. Paul Fire and Marine Insurance Company

¶1 Utah Department of Transportation ("UDOTâ€) contracted with Fluor Ames Kraemer, LLC, ("FAKâ€) to construct the Legacy Parkway ("the projectâ€). FAK then subcontracted with Encon Utah, LLC, ("Enconâ€) to manufacture and install bridge girders for the project. UDOT partially terminated the project, and, as a result, FAK terminated Encon's subcontract. Encon filed suit against... More...

$0 (01-27-2009 - UT)

Ron Rusakiewicz and Paul Spera v. John Lowe, David Norris, Sr., Shirley Shaw, John P. Wolfe, and The Veterans of Foreign Wars of the United States

Ron Rusakiewicz and Paul Spera, the plaintiffs and appellants in this case, are or were members of the Veterans of Foreign Wars of the United States (VFW). They distributed fliers at the 2005 VFW convention in Salt Lake City accusing defendant-appellee John Lowe and other officers of the California Department of the organization of fraud in connection with the organization's membership rolls. Mr. ... More...

$0 (02-24-2009 - UT)

Kathleen Sariah Perkins v. Silver Mountain Sports Club and Spa, LLC

Kathleen Sariah Perkins filed a wrongful termination action against Silver Mountain Sports Club & Spa, LLC, alleging she was fired because she was pregnant and requested leave. After trial in the district court, a jury returned a verdict finding Silver Mountain had violated Perkins's rights under the Family and Medical Leave Act (FMLA) and Title VII. On appeal, Silver Mountain argues the di... More...

$0 (02-25-2009 - UT)

Stephen A. Giusti v. Sterling Wentworth Corporation, a Utah Corporation; SunGard Data Systems; John Hyde; and Paul Erickson

¶1 Sterling Wentworth Corporation ("SWCâ€) terminated Stephen A. Giusti's employment. Giusti sued, asserting six claims against SWC and its parent corporation SunGard: (1) fraudulent inducement, (2) breach of contract, (3) breach of the implied covenant of good faith and fair dealing, (4) promissory estoppel (claims two through four, collectively, the "contract claimsâ€), (5) tortious i... More...

$0 (01-16-2009 - UT)

Doug Scott and Estate of Ruth Lyndevall v. HK Contractors and Utah Barricade Company, Inc.

¶1 Ruth Lyndevall Scott was driving through a construction site in Salt Lake County when her vehicle fell into an open trench. She sustained serious injuries which eventually led to her death. Her Estate (the Estate) sued the construction company, HK Contractors (Contractor), alleging that Contractor negligently failed to provide adequate safety measures at the construction site.1 The trial court... More...

$0 (10-23-2008 - UT)

Michael K. Oman v. Davis School District, et al.

¶1 Michael Oman was an employee of Davis County School District (the "Districtâ€) until 2003, when he was fired. Oman subsequently filed suit against the District and seven District employees (collectively, "Defendantsâ€), claiming breach of contract, breach of the implied covenant of good faith and fair dealing, defamation, intentional infliction of emotional distress, and violation of... More...

$0 (10-03-2008 - UT)

Overstock.com, Inc. v. SmartBargains, Inc.

¶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 business rela... More...

$0 (08-19-2008 - UT)

Nu-Med USA, Inc. v. 4Life Research, L.C.

¶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 rejec... More...

$0 (07-30-2008 - UT)

<a href="http://www.utcourts.gov/opinions/supopin/Pratt051807.pdf" target="_new">Nevin Pratt and Denise Pratt v. Mary Ann Nelson (Roe), et al.

1 The plaintiffs, Nevin and Denise Pratt (the "Pratts"), filed a defamation claim against the defendants, Mary Ann Nelson and her attorneys (the "Nelsons"). The Pratts' claim arose from statements the Nelsons made and distributed to the media during the course of a press conference. 2 We granted certiorari in this case and are presented with three issues: (1) whether the invited er... More...

$0 (05-18-2007 - UT)

<a href="http://www.utcourts.gov/opinions/supopin/O'Connor073107.pdf" target="_new">Michael P. O’Connor v. Gary W. Burningham, et al.</a>

1 More than forty years have passed since the United States Supreme Court placed public officials on notice that they could seek redress for defamatory statements made about them only if actual malice animated those statements. See N.Y. Times Co. v. Sullivan, 376 U.S. 254 (1964) (involving a Montgomery, Alabama commissioner whose duties included the supervision of the police department). ... More...

$0 (07-31-2007 - UT)

<a href="http://www.utcourts.gov/opinions/supopin/O'Connor073107.pdf" target="_new">Michael P. O'Connor v. Gary W. Burningham, et al.</a>

$0 (08-10-2007 - UT)

Technology Integration Group, et al. v. Access Microsystems and Paul Rajewski

Technology Integration Group, Cliff Butler, Dallas Shaw, and Lyle Voorheis sued Access Microsystems and Paul Rajewski on defamation and tortious business interference theories. Plaintiffs left Access Mircrosystems to set up TIG. The claimed that Rajewski engaged in what the plaintiffs claimed were several acts of defamation against them, which included telling the customer that Voorheis had ... More...

$2380000 (12-22-2006 - UT)

<a href="http://www.kscourts.org/ca10/cases/2006/06/04-4312.htm" target="_new">World Wide Association of Specialty Programs v. Pure, Inc., et al.</a>

Plaintiff-Appellant World Wide Association of Specialty Programs and Schools ("World Wide") filed suit in federal district court against Defendants-Appellees Jeff Berryman and Sue Scheff, as well as Ms. Scheff's business, Parents Universal Resource Experts, Inc., and its successor, PURE Foundation, Inc., after Mr. Berryman and Ms. Scheff made negative remarks about World Wide on various interne... More...

$0 (06-16-2006 - UT)

<a href="http://www.kscourts.org/ca10/cases/2005/11/04-4119.htm" target="_new">Jodi Zisumbo v. McCleodUSA Telecommunications Services, Inc.</a>

Jodi Zisumbo appeals the district court's grant of summary judgment in favor of McLeodUSA Telecommunications Services, Inc. ("McLeod"). Zisumbo filed a complaint in the United States District Court for the District of Utah alleging McLeod discriminated against her and subjected her to a hostile work environment based on her pregnancy in violation of Title VII of the Civil Rights Act of 1964, 4... More...

$0 (11-29-2005 - UT)

<a href="http://www.kscourts.org/ca10/cases/2004/06/03-4086.htm" target="_new">Lifewise Master Funding, et al. v. Telebank, now known as E Trade Bank, a federally chartered savings bank</a>

Plaintiffs-Appellants LifeWise Master Funding, LLC and LifeWise Family Financial Security, Inc. (collectively "LifeWise") appeal the district court's grant of judgment as a matter of law and summary judgment against them in their breach of contract claim against Defendant-Appellee E*TRADE Bank ("E*TRADE"). The district court held that (1) LifeWise failed to satisfy a condition precedent to E*T... More...

$0 (06-29-2004 - UT)

<a href="http://www.kscourts.org/ca10/cases/2004/04/03-4132.htm" target="_new">L. A. Tollestrup v. Tel America Long Distance, etc.</a>

Plaintiff-appellant L. A. Tollestrup appeals from the district court's decision granting summary judgment under Fed. R. Civ. P. 56 in favor of defendants on her Title VII(1) employment discrimination and state-law claims. In her complaint, Ms. Tollestrup alleged claims of sexual harassment, gender discrimination, hostile work environment, retaliatory termination, providing fraudulent informatio... More...

$0 (04-20-2004 - UT)

<a href="http://www.kscourts.org/ca10/cases/2003/04/02-4018.htm" target="_new">Christopher J. Thomas v. PACIFICORP, an Oregon corporation, doing business as Utah Power & Light Company</a>

This defamation, tortious interference with economic relations, and negligent infliction of emotional distress action stems from statements made by a Utah Power & Light [UP&L] employee to two of Plaintiff's business associates. Plaintiff-Appellant Mr. Thomas entered into a business relationship with Michael T. Holmes and Michael H. Holmes (father of Michael T. Holmes) with the intent to bid on ... More...

$0 (04-03-2003 - UT)

<a href="http://www.kscourts.org/ca10/cases/2003/02/02-4110.htm" target="_new">Steven C. Davis, Karen Taylor Davis, and Mark Galen Taylor, individuals and trustees v. Stephen M. Studdert, et al.</a>

Steven C. Davis, Karen Taylor Davis, and Marc Galen Taylor appeal the district court's dismissal of their complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief can be granted. The plaintiffs also challenge the district court's denial of several other district court rulings. After examining the record, we conclude that the plai... More...

$0 (02-25-2003 - UT)

<a href="http://www.kscourts.org/ca10/cases/2002/11/01-4140.htm" target="_new">Computer Thermal Imaging, Inc. v. Bloomberg, L.P.</a>

To propel a breast imaging technology from its development stage to the marketplace, Computerized Thermal Imaging, Inc. (CTI) sold stock in the venture, applied to the NASDAQ Stock Exchange for a national listing, and sought FDA pre-market approval. Bloomberg News reported the activity, fomenting the underlying lawsuit for libel. CTI now appeals the dismissal of that action, contending the distric... More...

$0 (11-27-2002 - UT)

<a href="http://www.kscourts.org/ca10/cases/2002/10/01-4001.htm" target="_new">Dr. Steven MacArthur, et al. v. San Juan County, et al.</a>

Montezuma Creek Clinic is located within the boundaries of the Navajo Nation and was, during relevant times, operated by the San Juan Health Service District ("Health District")--a special service district organized by San Juan County, Utah ("County")--under contract with the federal Indian Health Service ("IHS") to provide health care to members of the Navajo community. The clinic and land upon w... More...

$0 (10-08-2002 - UT)