Charles Payan appeals the district court’s grant of summary judgment in favor of
United Parcel Service (“UPS”) in relation to his claims for racial discrimination and
retaliation arising under Title VII and 42 U.S.C. § 1981, as well as his state law claims
for breach of contract and breach of the covenant of good faith and fair dealing.
Exercising jurisdiction pursuant to 28 U.S.C.... More...    $0 (10-10-2018 - UT)

Kang Sik Park appeals the district court’s dismissal of his suit against First American Title Insurance Company (“First American”) as time-barred. Exercising jurisdiction under 28 U.S.C. § 1291, we reverse and remand.
I
In 2006, in relation to a loan to Peter and Virginia Lamb, Park obtained a commitment from First American to insure a real estate deed of trust for property in Salt Lake Co... More...    $0 (07-25-2018 - UT)

Roland Critchfield slipped and fell on the wet, soapy bathroom floor of a
Buffalo Wild Wings Bar & Grill (“Buffalo Wild Wings”) in Sandy, Utah.
Critchfield brought suit against Blazin Wings, Inc. (“Blazin”), the parent
company of Buffalo Wild Wings, asserting injuries he suffered in the slip-and-fall
*This order and judgment is not binding precedent except under the
doctrines o... More...    $0 (07-19-2018 - UT)

A jury convicted James Hayes of several offenses related to distributing
methamphetamine, and the district court sentenced him to 20 years in prison. Hayes
appeals only his sentence. He argues the district court erred by sentencing him
within the enhanced range for defendants with a prior felony drug conviction, and by
not affording him the opportunity to speak on his own behalf be... More...    $0 (06-10-2018 - UT)

Cedric Greene appeals the district court’s determination that it lacked subject
matter jurisdiction over this action. Although we agree with that conclusion, we
remand with instructions to dismiss without prejudice.
Greene filed suit against Direct TV, Inc. in the U.S. District Court for the
District of Utah, asserting claims for false advertisement, breach of contract, and
neg... More...    $0 (01-09-2018 - UT)

This appeal involves an action under 42 U.S.C. § 1983 by Mr.
Michael Whitesell. Mr. Whitesell served two stints in prison: one in 2010
and another in 2013. In his first prison term, he allegedly encountered
deliberate indifference to a serious medical condition and eventually sued.
* The parties do not request oral argument, and we do not believe that
oral argument would be hel... More...    $0 (12-10-2017 - 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)

A jury convicted Richard Jenks Jr. of multiple counts of sexually abusing his
minor stepdaughter. Jenks now appeals his conviction and sentence. Exercising
jurisdiction under 28 U.S.C. § 1291, we affirm.
I
After marrying Jenks, a member of the Ute Tribe, Elizabeth Dini sent her
daughter, D.W., to live with her maternal grandparents. At 8 years old, D.W.
* After examining th... More...    $0 (11-20-2017 - UT)

E. Jeffrey Donner and Judee Donner appeal the district court’s dismissal of
their intentional misrepresentation claim against Jack Nicklaus and Jack Nicklaus
Golf Club, LLC (collectively “Nicklaus”). Exercising jurisdiction under 28 U.S.C.
§ 1291, we affirm.
I
We will not discuss in detail the background facts of this case, which are
covered in our prior opinion, Donner v. ... More...    $0 (11-07-2017 - UT)

Gabriel Joseph purchased a home for $3.4 million through a company that he
controlled and then sold it to himself five days later for $7 million. Using the
fraudulently inflated value, he received a loan and line of credit from Washington
Mutual (“WaMu”) totaling $5,659,357.88. After Joseph defaulted, WaMu purchased
the property in foreclosure. With an outstanding principal balance... More...    $0 (08-10-2017 - UT)

Jeffrey Zander appeals from the district court’s amended judgment correcting
his sentence after our previous remand. Exercising jurisdiction under 28 U.S.C.
§ 1291 and 18 U.S.C. § 3742(a), we again reverse and remand for resentencing, but
affirm the district court’s refusal to consider certain sentencing issues that lie beyond
the scope of our prior mandate.
* After examining t... More...    $0 (08-08-2017 - UT)

¶ 1 This case requires us to determine the scope of the “covered profession” clause of a “Professional Liability Errors & Omissions Insurance” policy (Policy). Houston Casualty Company (Houston Casualty) issued the Policy to Utah County Real Estate, LLC (Prudential), a real estate brokerage. While working as a real estate agent for Prudential, Robert Seegmiller approached the plaintiffs in this ac... More...    $0 (03-23-2017 - UT)

¶ 1 We granted certiorari in this case to decide whether the court of appeals correctly determined that the Utah Governmental Immunity Act (GIA) barred Jesus Monarrez‘s claims. Mr. Monarrez, after being injured when forced to stop suddenly near a construction crew on a Utah road, attempted to bring a negligence claim against the Utah Department of Transportation (UDOT) and several unnamed ―... More...    $0 (03-09-2016 - UT)

In 2006, RIO Systems, Inc., a Texas corporation “interested in . . . projects related
to oil refinery planning, construction and finance in Central America,” hired Mr. Penedo,
the president of a Guatemalan “social service[s] and human rights foundation,” Aplee.
Supp. App., Vol. I at 262, “to act as a facilitator and lobbyist to the Guatemalan
government” for the construction of... More...    $0 (01-24-2016 - UT)

Mr. George Brown is an African-American who worked for Lowe’s
Home Centers. One day, Mr. Brown and a Lowe’s cashier yelled at each
other, prompting Lowe’s management to investigate the two employees’
conduct. During the investigation, Mr. Brown reported that he had heard
two fellow employees use the term “nigger,” prompting Mr. Brown to
complain to a supervisor. Lowe’s pla... More...    $0 (10-12-2015 - UT)

On May 20, 2002, Mr. Wade and Darrin Rhodes went to service the Sundown Well, which is located in Meadow, Utah.2 In
1 Mr. Wade and his wife first filed the tort suit against FEA. They added Dixie as a defendant after learning that the utility employees involved in the accident were leased by Dixie to FEA. 2 In evaluating cross-motions for summary judgment, we recite the facts in the light mo... More...    $0 (09-26-2015 - UT)

Chevron operates an oil refinery near Salt Lake City. The refinery contains a concrete-lined, open-air pit that is used to process various liquid and solid waste products from the refinery. One of the liquid waste products collected in the pit is mildly acidic steam condensate from the refining process, which continuously flows into the pit. Before the pit is emptied, workers ensure that the pH le... More...    $0 (09-14-2015 - UT)

Chevron operates an oil refinery near Salt Lake City. The refinery contains a concrete-lined, open-air pit that is used to process various liquid and solid waste products from the refinery. One of the liquid waste products collected in the pit is mildly acidic steam

Cite as: 2015 UT 81 Opinion of the Court

3

condensate from the refining process, which continuously f... More...    $0 (09-04-2015 - UT)

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 — or the possibility that an issue might win interlocutory review — and
the opportunities to press a complaint grow abundantly. No d... More...    $0 (06-16-2015 - UT)

Salt Lake City, UT - A jury convicted Michael Pascal of abusive sexual contact. He appeals,
challenging the district court’s admission of a prior uncharged sex offense under
Federal Rule of Evidence 413. Exercising jurisdiction under 28 U.S.C. § 1291, we
affirm.
I
In 2013, Pascal boarded a commercial flight and sat in his assigned middle
seat. The adjacent window seat wa... More...    $0 (05-20-2015 - UT)

Daniel David Egli, a federal prisoner incarcerated in Louisiana, apparently was
convicted of a federal offense in the United States District Court for the District of Utah.
He filed in that court a motion for relief from his conviction under Federal Rule of Civil
Procedure 60. Relying on our opinion in United States v. Triplett, 166 F. App’x 362,
* After examining the briefs and ... More...    $0 (04-10-2015 - UT)

In November 2003, a child (N.M.) experienced a severe brain injury
that left him permanently disabled. Ms. Abby Tiscareno, N.M.’s daycare
provider at the time, was blamed for this injury and prosecuted for child
abuse. But after two trials, Ms. Tiscareno was acquitted.
Ms. Tiscareno and her husband, Mr. Gillermo Tiscareno, have
invoked 42 U.S.C. § 1983 against two of the def... More...    $0 (02-23-2015 - UT)

¶ 1 Disappointed investors filed suit against their investment agent, Jeffrey Campbell, and his former employer,
BURDICK v. HORNOR TOWNSEND
Opinion of the Court
2
Hornor, Townsend & Kent, Inc. (HTK), alleging that Mr. Campbell and HTK were liable for losses sustained in an investment scam. Mr. Campbell pleaded guilty to the sale of unregistered securities related to the investment... More...    $0 (01-23-2015 - UT)

¶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
H... More...    $0 (10-17-2014 - 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)

Sixteen years ago Carolyn Bayless began to suffer from a mysterious debilitating
illness. As her condition deteriorated over the years that followed, she doggedly sought
to learn what caused (and how to treat) her illness. Finally, in 2008, convinced that she
was the victim of exposure to nerve gas emitted by an Army testing facility, she filed a
claim under the Federal Tort Claims... More...    $0 (09-12-2014 - UT)

R. Wayne Klein (“Mr. Klein� or “Receiver�), the court-appointed receiver for
Winsome Investment Trust (“Winsome�), filed this action to recover funds paid from
Winsome to King & King & Jones, P.C. (“KKJ�). The district court granted
summary judgment in favor of the Receiver. KKJ appeals, and we affirm.
* After examining the briefs and appellate record, this panel ha... More...    $0 (07-14-2014 - UT)

¶1 JDW-CM, LLC (Plaintiff) appeals from an order granting
summary judgment in favor of Clark LHS, LLC. We affirm.
JDW-CM, LLC v. Clark LHS, LLC
2. “[W]hen reviewing a grant of summary judgment, we recite the
disputed facts in a light most favorable to the nonmoving party.�
Begaye v. Big D Constr. Corp., 2008 UT 4, ¶ 5, 178 P.3d 343.
20110708-CA 2 2014 UT App 70
BA... More...    $0 (03-27-2014 - UT)

¶1 William Tracy Fowler appeals from the district court’s entry
of summary judgment in favor of Paul Teynor and Intermountain
MRO Services, Inc. (IMRO). Fowler claims the district court erred
in finding that principles of res judicata barred his claims against
Teynor and IMRO. We affirm.
Fowler v. Teynor
20121097-CA 2 2014 UT App 66
BACKGROUND
¶2 Fowler worked a... More...    $0 (03-20-2014 - UT)

¶1 D. Chris Robertson appeals from his convictions on twenty
counts of sexual exploitation of a minor, each a second degree
felony. See Utah Code Ann. § 76�5b�201 (LexisNexis 2012).
Robertson argues that by prosecuting him after his federal
conviction for the same conduct, the State violated his
constitutional rights by placing him twice in jeopardy for the same
offen... More...    $0 (03-06-2014 - UT)

¶1 R.P., an alleged biological father, appeals from the district
court’s dismissal of his petition to establish paternity under the
R.P. v. K.S.W. and D.R.W.
2. Unless otherwise specifically noted, all citations to the Utah Code
are to the 2012 edition of the Utah Code Annotated.
20120559-CA 2 2014 UT App 38
Utah Uniform Parentage Act (the UUPA). See Utah Code Ann.
Â... More...    $0 (02-21-2014 - UT)

¶1 Wade S. Winegar and Sandra Winegar appeal from the district court’s grant of summary judgment to Springville City (the City). The Winegars contend that summary judgment was improper because the City failed to demonstrate that the Winegars’ lawsuit was untimely under the Utah Governmental Immunity Act. We vacate the entry of summary judgment and remand to the district court.
Winegar v. ... More...    $0 (01-16-2014 - UT)

¶1 Robert Wohnoutka appeals from the district court’s dismissal of the lawsuit he filed against his former domestic partner’s sister, Sonia Kelley. Wohnoutka claimed that Kelley had orally agreed to repay half of the money Wohnoutka paid from 2001 to 2007 toward the care and support of Kelley’s
1. The Honorable Russell W. Bench, Senior Judge, sat by special assignment as authorized by l... More...    $0 (07-03-2014 - UT)

¶ 1 Southern Management Corporation Retirement Trust (SMCRT) seeks review of the district court’s grant of summary
* The court has added ¶ 61 and altered ¶ 62 to address appellees’ request for attorney fees on appeal.
DILLON v. SOUTHERN MANAGEMENT
Opinion of the Court
judgment in favor of Douglas C. and Molly R. Dillon. The district court determined that the trust deed encum... More...    $0 (05-13-2014 - UT)

Sixteen years ago Carolyn Bayless began to suffer from a mysterious debilitating illness. As her condition deteriorated over the years that followed, she doggedly sought to learn what caused (and how to treat) her illness. Finally, in 2008, convinced that she was the victim of exposure to nerve gas emitted by an Army testing facility, she filed a claim under the Federal Tort Claims Act. When this ... More...    $0 (04-28-2014 - UT)

¶1 JDW-CM, LLC (Plaintiff) appeals from an order granting summary judgment in favor of Clark LHS, LLC. We affirm. JDW-CM, LLC v. Clark LHS, LLC

2. “[W]hen reviewing a grant of summary judgment, we recite the disputed facts in a light most favorable to the nonmoving party.� Begaye v. Big D Constr. Corp., 2008 UT 4, ¶ 5, 178 P.3d 343. 20110708-CA 2 2014 UT App 70

BACKGROUND
More...    $0 (03-27-2014 - UT)

Becky Coats works for the Utah Department of Workforce Services as an
unemployment insurance eligibility specialist, but she’s long hoped for another job.
In fact, since 2000 she’s applied for no fewer than 40 other positions within the
Department, only to be turned down each time. She alleges that’s not because there
have been better available applicants but because of age d... More...    $0 (03-04-2014 - UT)

The issue before us is whether a subpoena duces tecum served on a non-party Tribe and seeking documents relevant to a civil suit in federal court is itself a “suitâ€� against the Tribe triggering tribal sovereign immunity. Exercising jurisdiction under 28 U.S.C. § 1291, pursuant to the collateral order doctrine, we hold the answer is yes. We therefore reverse the district court’s denial of th... More...    $0 (01-28-2014 - UT)

¶1 Wade S. Winegar and Sandra Winegar appeal from the district court’s grant of summary judgment to Springville City (the City). The Winegars contend that summary judgment was improper because the City failed to demonstrate that the Winegars’ lawsuit was untimely under the Utah Governmental Immunity Act. We vacate the entry of summary judgment and remand to the district court.

Winegar ... More...    $0 (01-16-2014 - UT)