failure to move for stay – Binding the Law

2 October 2017

Utah Supreme Court holds insurance companies can contract for broader subrogation rights than those granted at common law and holds actual notice of appeal no substitute for obtaining a stay or filing lis pendis.

by William Gaskill

11 September 2017

Utah Supreme Court holds federal standard controls who is a parent under Indian Child Welfare Act; holds prosecutors can charge violation of the measurable amount statue with higher penalties instead of for DUI; holds failure to obtain a stay during appeal involving rights in in certain real property or file a lis pendis means loss of actionable interest in that property if it is lawfully conveyed to a third party during the pendency of the appeal; overrules per se admissibility for preliminary hearing testimony of unavailable witnesses; and affirms child sex abuse convictions and sentence.

by William Gaskill