STATE OF UTAH v. DEREK RANDALL JONES

During the weekend of June 26 to 27, 2015, five-year-old
B.B. slept over at the home of Forbush, who is his uncle. About
three weeks later, B.B. was showering with his father (Father), as
was apparently their occasional practice, when B.B. asked why his
uncircumcised penis looked different from Father’s circumcised
penis. Father replied that B.B. didn’t need to worry b... More...    $0 (01-24-2024 - UT)

Salt Lake City, UT: Personal injury lawyer represented Plaintiff, the guardian and conservator of Rune Erik Haugsoen, an incapacitated adult., who sued Defendants on auto negligence and respondeat superior theories claiming to have suffered more than $75,000 in injuries and/or damages as a direct result of an accident caused by Heinshon.

This case was initially filed in the 3rd Distri... More...    $1 (09-30-2021 - UT)

Salt Lake City, Utah civil litigation lawyer represented Plaintiff, Kristopher Chadwick, who sued Bonneville Billing and Collections claiming that it violated the Fair Debt Collections Act.

The Fair Debt Collection Practices Act (FDCPA)(15 U.S.C. 1692 et seq.), which became effective March 20, 1978, was designed to eliminate abusive, deceptive,and unfair debt collection practices. In addi... More...    $0 (03-25-2021 - 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)

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)

Salt Lake City, UT - The State of Utah charged John Martin Carrell, age 62, with 33 counts of first-degree felony aggravated sexual abuse of child for molesting two minor girls. Carrell drove a school bus for the Canyon School District. The State alleged that Defendant sexually abused the two special needs students at Altara Elementary School. They were five years old when the offenses allegedly ... More...    $0 (07-25-2015 - UT)

¶1 Plaintiffs Aaron W. Zundel, Zachary D. Taft, and Steven L.
Stookey appeal from the district court’s order granting summary
judgment to Defendants Schafer D. Magana; Legacy Towing, Inc.;
Legacy Towing Holdings, LLC; Dan Magana; ASAP Towing; and
ASAP Towing Recovery (collectively, Legacy) and denying
Plaintiffs’ motion for summary judgment. Legacy cross-appeals
from t... More...    $0 (03-26-2015 - UT)

¶ 1 This case is about land in Park City, Utah—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 town—but industrious residents reinvented it... More...    $0 (08-08-2014 - UT)

Lynn D. Becker appeals the district court’s dismissal of his complaint for
lack of subject matter jurisdiction under 28 U.S.C. § 1331. We have appellate
jurisdiction under 28 U.S.C. § 1291 and affirm.
I
Lynn D. Becker contracted with the Ute Indian Tribe of the Uintah and
Ouray Reservation (Tribe) to provide services related to the Tribe’s development
of its energy an... More...    $0 (10-21-2014 - UT)

¶ 1 This case is about land in Park City, Utah—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 town—but industrious residents reinvented it as a luxury resort ... More...    $0 (08-08-2014 - UT)

¶1 Plaintiffs Mark and Irene White challenge the district court’s
judgment in favor of Defendants.1 The district court granted in part
White v. Jeppson
1. (...continued)
mean Jeppson and Williams individually, unless the context
requires otherwise.
2. Defendants captioned this motion as one for judgment on the
pleadings and for summary judgment, and the district cour... More...    $0 (04-24-2014 - 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 Rory D. Pence (Husband) appeals the district court’s order
making a previously entered temporary protective order
permanent. This matter is before the court on Husband’s motion
for summary reversal.
¶2 Utah Code section 78B-7-107(b) states that ex parte
temporary protective orders may not be extended beyond the
initial twenty-day period unless:
Pence v. PenceMore...    $0 (01-20-2014 - UT)

¶1 Defendant Harman–Mont & Theda, Inc. (Mont & Theda)
appeals from an order entered by the district court on September
25, 2012 (the Memorandum Decision). We affirm the Memorandum
Decision to the extent it struck Mont & Theda’s motion for
Velasquez v. Harman–Mont & Theda
20120858-CA 2 2014 UT App 6
summary judgment and we decline to address those portions of the
... More...    $0 (01-09-2014 - UT)

¶1 Barton Bagnes challenges the sufficiency of the evidence to support his convictions for lewdness involving a child and sexual exploitation of a minor by distribution of child pornography. Bagnes‘s offense was in dropping his pants in front of two young girls, exposing a toddler-sized diaper he wore underneath, and in distributing a flyer depicting images of diaper-clad children and adolescen... More...    $0 (02-14-2014 - UT)

¶1 In 2007, Kenneth Trotter pled guilty to unlawful sexual conduct with a minor. Mr. Trotter later moved to withdraw his guilty plea, claiming it was not made voluntarily or knowingly because his defense counsel and the trial court failed to advise him that his plea would carry with it the requirement that he register as a sex offender. Mr. Trotter argued that this failure amounted to ineffective... More...    $0 (05-20-2014 - UT)

¶ 1 While returning to Utah from a work project in Maryland, Kelly Colvin was killed in an automobile accident. Joseph Giguere, Colvin’s coworker, was driving the vehicle in which Colvin was a passenger when the accident occurred. Colvin’s widow and son brought this action against Giguere, arguing that Giguere’s negligence caused the accident. The district court granted summary judgment in ... More...    $0 (06-20-2014 - UT)

¶1 This is an appeal from a juvenile court order adjudicating the children of appellant D.H. “abusedâ€� and “neglectedâ€� under Utah Code section 78A-6-105 (2008), and prohibiting any further contact between D.H. and his children. D.H.’s appeal is premised on a challenge to the juvenile court’s denial of a request for addi-tional time to allow D.H.’s expert to conduct a pre-trial invest... More...    $0 (06-27-2014 - UT)

¶1 Rory D. Pence (Husband) appeals the district court’s order making a previously entered temporary protective order permanent. This matter is before the court on Husband’s motion for summary reversal.

¶2 Utah Code section 78B-7-107(b) states that ex parte temporary protective orders may not be extended beyond the initial twenty-day period unless: Pence v. Pence

20130753-CA 2 2... More...    $0 (01-20-2014 - UT)

¶1 Defendant Harman–Mont & Theda, Inc. (Mont & Theda) appeals from an order entered by the district court on September 25, 2012 (the Memorandum Decision). We affirm the Memorandum Decision to the extent it struck Mont & Theda’s motion for

Velasquez v. Harman–Mont & Theda

20120858-CA 2 2014 UT App 6

summary judgment and we decline to address those portions of the Memoran... More...    $0 (01-16-2014 - UT)

¶1 Ellen Cantrell (Wife) appeals from the district court’s order granting James N. Cantrell’s (Husband) petition to modify a decree of divorce. We reverse and remand.

BACKGROUND

¶2 In late 2007, after a marriage of just over twenty-two years, the parties entered into a Collaborative Law Participation Agreement in which they agreed to pursue a divorce settlement without judicial... More...    $0 (12-19-2013 - UT)

¶1 Appellant Sonja Michelle Wolferts (Mother) appeals from three of the district court’s orders: the May 5, 2010 order enforcing contempt provisions; the Findings of Fact, Conclusions of Law, and 1Judge 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.

Wolferts v. Wolferts<... More...    $0 (10-03-2013 - UT)

¶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)

¶1 On certiorari, we are asked to decide whether Henry Day Ford (Henry Day) and Tom Watkins abandoned Motor Vehicle Sales Contracts (Vehicle Contracts or Contracts) for the sale of two Ford GT40s; whether the Contracts contained a latent ambiguity regarding the identity of the vehicles to be sold; and, in the event that Henry Day breached the Contracts, whether Mr. Watkins adequately mitigated hi... More...    $0 (05-31-2013 - UT)

Although this case presents significant questions regarding the interaction of federal banking and state foreclosure laws, our focus is upon a more fundamental question: whether the district court even had jurisdiction to consider the issues raised. Plaintiffs1 filed a class-action lawsuit in state court, alleging that the defendants2—including ReconTrust, a Texas-based national bank—had
More...    $0 (08-13-2013 - UT)

¶1 Anthony Watkins was convicted of aggravated sexual abuse of a child, H.C. His conviction was based on the holding that he occupied a “position of special trust in relation to the victimâ€� under Utah Code section 76-5-404.1(4)(h). Because Mr. Watkins was temporarily staying in the spare bedroom of H.C.’s father’s house, the district court and the court of appeals both held that he was an... More...    $0 (05-10-2013 - UT)

¶1 Ms. Penunuri was injured while participating in a guided
horseback ride near Sundance Resort. Before the ride, she signed a
release (Waiver), in which she waived her right to sue Defendants
(collectively, Sundance) for injuries caused by Sundance’s ordinary
negligence. In this appeal, Ms. Penunuri asks us to find that the
Waiver is unenforceable under the Limitations on L... More...    $0 (04-08-2013 - UT)

¶1 Catherine Ortega appeals from the district court’s final order appointing Donald Bruce Guynn as a limited conservator of Margaret Guynn’s (Mother) estate and denying Ortega an award of attorney fees relating to her petition to appoint herself as Mother’s conservator and guardian. We affirm.

¶2 Ortega and Guynn are Mother’s adult children. Mother, now in her mid-80s, lived on he... More...    $0 (06-30-2011 - UT)

¶1 This appeal is the latest stage in a protracted dispute between the State of Utah and Barbara and Daren Jensen regarding the proper medical care of the Jensens’ son, Parker. In it, we must balance the right of parents to direct the medical care of their child with the State’s interest in protecting the health and safety of children within its borders.

¶2 A doctor who was treating P... More...    $0 (03-29-2011 - UT)

¶1 Plaintiff Walter Michael Andrus (Andrus) appeals the trial court's order granting Rebekah Andrus's (daughter-in-law) motion for partial summary judgment. We affirm. 1The remaining eighty-five percent of the proceeds were to be used to fund a trust established by Andrus for son and daughter-in-law's child. 2These admissions occurred during Andrus's deposition. 20090893-CA 2

BACKGROUND<... More...    $0 (09-30-2010 - UT)

¶1 Plaintiff Jennifer Ottens appeals from various procedural and evidentiary rulings and from the trial court's entry of a directed verdict in favor of Defendant Dan McNeil (Dan). We reverse and remand in part, and affirm in part.

BACKGROUND

¶2 Ottens's lawsuit stems from injuries she sustained in a March 29, 2002 automobile accident. The accident occurred on Interstate Highway 15 ... More...    $0 (08-26-2010 - UT)

There is perhaps no more delicate constitutional barrier protecting individual freedom from governmental interference than that which protects against state interference with parental autonomy. The Supreme Court has long recognized that “[t]he child is not the mere creature of the state,â€� Pierce v. Society of Sisters, 268 U.S. 510, 535 (1925), and that “the custody, care and nurture of the c... More...    $0 (05-05-2010 - UT)

Plaintiff and appellant, Elizabeth Bierly, appearing pro se, appeals the dismissal of her complaint against the defendants, various state officials, alleging civil rights and RICO violations based on the defendants’ alleged actions in taking custody of Ms. Bierly’s two minor children. The district court dismissed Ms. Bierly’s complaint because the claims were untimely, they were barred by se... More...    $0 (03-03-2010 - UT)

Plaintiffs-Appellants Amy Thomson, individually and as guardian ad litem for her two children, and the estate of Chad Thomson, through Ms. Thomson as its personal representative, challenge the district court’s grant of summary judgment for Defendants-Appellees Salt Lake County and Deputy Alan Morrical. First, Plaintiffs argue that it was error to grant summary judgment to Deputy Morrical on the ... More...    $0 (10-27-2009 - UT)

¶1 We review for a second time the Utah Department of Transportation’s (UDOT) taking of property owned by the Appellants, James Ivers, Katherine G. Havas, and P&F Food Services (collectively, Arby’s). In Ivers v. Utah Department of Transportation, 2007 UT 19, 154 P.3d 802, we addressed whether damages were awardable for Arby’s loss of view where the viewimpairing structure was not built on ... More...    $0 (08-21-2009 - UT)

This diversity jurisdiction case involves Utah state law claims of negligence, gross negligence, and wrongful death based on a tragic accident that occurred during a bicycle race called the “Tour of Canyonlandsâ€� near Moab, Utah. During the race, one or more of the racers collided with an SUV and trailer driving in the opposite direction. One racer was killed, and another was badly injured. The... More...    $0 (08-10-2009 - UT)

¶1 Appellants Mid-America Pipeline Company and Williams Field Services Company (Mid-America1) ask us to determine whether the claims it wishes to file in a Third Amended Complaint comply with the terms of a release agreement it entered into with Appellee Four-Four, Inc. (Four-Four). It also asks us to determine whether the district court violated the law of the case by holding that those claims a... More...    $0 (07-21-2009 - UT)

¶1 RJW Media, Inc. (RJW) appeals the trial court's grant of summary judgment in favor of First Southwestern Title Agency of Utah, Inc. (FSWT) and dismissal of RJW's breach of duty claim. RJW argues that the court erred in that FSWT breached its duty as trustee to RJW by recording a Notice of Cancellation at the instruction of a former beneficiary without obtaining authorization from RJW and witho... More...    $0 (12-26-2008 - UT)