divorce – Binding the Law

1 July 2016

Utah Court of Appeals remanded several issues to district court in divorce case for adequate fact finding; holds claimant acted with reasonable diligence in tort claim against county; remanded easement case to determine who prevailed for attorney fee purposes; holds police can pull over car to investigate probationer passenger; and issued one other decision.

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