Utah Injurious Falsehood Law

Flowell v. Rhodes

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)

Pang v. International Document

On appeal from a motion to dismiss, we must accept the factual allegations in the complaint as true1 and view all reasonable inferences from them in the light most favorable to the plaintiff.2 We outline the pertinent facts consistent with this standard. ¶4 Between 2009 and 2012, Mr. Pang worked as a compliance officer for Internal Document Services (IDS) and Progressive Finance. Resource Manage... More...

$0 (09-20-2015 - UT)

Vincent v. Utah Plastic Surgery Society

The facts alleged by Plaintiffs are fully set out in the district court’s order. Relevant to this appeal, Plaintiffs allege the individual Defendants are all members of the Utah Plastic Surgery Society (the “Society”) and certified as plastic surgeons by The American Board of Plastic Surgery (the “Board”). The Society is alleged to be an unincorporated entity headquarte... More...

$0 (09-07-2015 - UT)

Wash. Co. Sch. Dist. v. Lbr Comm'n and Steven H. Brown

In January 2003, Steven Brown, suffered a back injury when he fell down the steps of his bus while at work as a school bus driver for the Washington County School District (School District). This injury required medical treatment and eventual spinal surgery. He received workers‘ compensation for this injury. Subsequently, in September 2007, Mr. Brown was reinjured when a child jumped on his back... More...

$0 (08-26-2015 - UT)

Pang v. International Document

On appeal from a motion to dismiss, we must accept the factual allegations in the complaint as true1 and view all reasonable inferences from them in the light most favorable to the plaintiff.2 We outline the pertinent facts consistent with this standard. ¶4 Between 2009 and 2012, Mr. Pang worked as a compliance officer for Internal Document Services (IDS) and Progressive Finance. Resource Manage... More...

$0 (08-12-2015 - 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)

State of Utah v. Bradley Fuller

¶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 Fou... More...

$0 (07-11-2014 - 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)

State of Utah v. Bradley Fuller

¶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 Fou... More...

$0 (07-11-2014 - 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 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)

John Reynolds v. Bret MacFarlane

¶1 John Reynolds appeals from the trial court's dismissal of his intentional tort claims against Bret MacFarlane. We affirm in part, reverse in part, and remand to the trial court. ¶2 On August 5, 2009, MacFarlane walked into the break room at his workplace where his coworker, Reynolds, was standing in Reynolds v. MacFarlane 2. "On appeal from a bench trial, we view the e... More...

$0 (03-13-2014 - UT)

State of Utah v. Adam Howard Jones

¶1 The State appeals from the magistrate's dismissal of criminal charges against defendant Adam Howard Jones. The State charged Jones with one count of official neglect and misconduct, a class A misdemeanor, see Utah Code Ann. Â§ 10â€3â€826 (LexisNexis 2012); one count of official misconduct, a class B misdemeanor, see id. Â§ 1. The Honorable Pamela T. Greenwood,... More...

$0 (06-10-2014 - UT)

Douglas C. Dillion and Molly R. Dillon v. Southern Management Corporation Retirement Trust, et al.

¶ 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 encumberi... More...

$0 (05-13-2014 - UT)

John Reynolds v. Bret MacFarlane

¶1 John Reynolds appeals from the trial court's dismissal of his intentional tort claims against Bret MacFarlane. We affirm in part, reverse in part, and remand to the trial court. ¶2 On August 5, 2009, MacFarlane walked into the break room at his workplace where his coworker, Reynolds, was standing in Reynolds v. MacFarlane 2. "On appeal from a bench trial, we view the evid... More...

$0 (03-13-2014 - UT)

Robert D. Proctor v. Costco Wholesale Corporation

¶1 Robert Proctor appeals from the unfavorable result in his negligence suit against Costco Wholesale Corporation. Specifically, Proctor asserts that the trial court improperly granted a partial directed verdict in favor of Costco on two of his allegations of negligence and abused its discretion when it declined to reinstate one of the two allegations after Costco elicited testimony on the issue ... More...

$0 (09-19-2013 - UT)

Frank E. Berrett v. Albertsons, Inc.

¶1 This is an appeal from a grant of summary judgment. The case involves a personal injury claim originally brought by Irene B. Berrett and her husband, Frank E. Berrett, and later continued by Frank Berrett on behalf of himself, Irene Berrett's heirs, and the Estate of Irene B. Berrett (collectively, the Berretts). Irene Berrett was injured when she fell twenty feet into an open ... More...

$0 (12-28-2012 - UT)

Lori S. Allen v. Lisa K. Anger

¶1 Lisa K. Anger appeals from the district court's order entering a civil stalking injunction against her and in favor of her sister, appellee Lori S. Allen, pursuant to Utah Code section 77-3a-101, see Utah Code Ann. Â§ 77-3a-101 (2008). Specifically, Anger challenges the district court's underlying conclusion that she had committed the criminal offense of stalking, see Utah Code Ann. Â§ 76-... More...

$0 (01-25-2011 - UT)

Equal Employment Opportunity Commission v. C.R. England, Inc.

Plaintiff-Appellant Equal Employment Opportunity Commission ("EEOCâ€) initiated this suit against Defendant-Appellee C.R. England, Inc. ("C.R. Englandâ€) under the Americans with Disabilities Act of 1990 ("ADAâ€), 42 U.S.C. Â§Â§ 12101â€“213. The alleged ADA violations arise from the employment relationship between C.R. England and Walter Watson, a former driver and trainer ... More...

$0 (05-03-2011 - 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)

Shannon Cavanaugh v. Woods Cross City

Defendants-Appellants Woods Cross City, Utah and Officer Daniel Davis appeal from the district court's order denying their motion for summary judgment based on qualified immunity. Plaintiffs-Appellees Shannon Cavanaugh and Brad Cavanaugh had sued Defendants-Appellants under 42 U.S.C. Â§ 1983 alleging that Officer Davis's Tasering of Ms. Cavanaugh violated her rights under the Fourth Amendment by... More...

$0 (11-03-2010 - 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)

Jenna R. Helf v. Chevron U.S.A., Inc.

¶1 Jenna Helf ("Helfâ€) sued Chevron U.S.A., Inc. ("Chevronâ€), for injuries she sustained while working at the Salt Lake City Refinery (the "Refineryâ€). Helf's complaint alleges that her injuries were caused by a chemical reaction that occurred when her supervisors directed her to neutralize toxic sludge through a chemical reaction in an open-air pit. She further alleges that ano... More...

$0 (02-13-2009 - 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)

<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 (08-10-2007 - 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)