comparaitve fault – Binding the Law

25 March 2016

Utah Court of Appeals upholds admitting an absent witness’ preliminary hearing testimony; holds it is not bad faith for an insurance company to ask a court what “jet ski” means; and issues five other decisions.

by William Gaskill

31 January 2015

In a busy day, the Utah Supreme Court allows wrongful death suits when the decedent already won a personal injury case; eliminated “improper purpose” intentional interference with economic relations claims; declared that the Utah Code does not list all the ways nonconsent can be proven in a rape case; refers an attorney to the ethics office for illegal fee;announces that comparative fault covers intentional torts as well as negligence; imposed a duty on gun owners to keep their guns from intoxicated people; says mechanic’s lien cannot inlcude attorney fees and issued 7 other decisions.

by William Gaskill