1 November 2016

Utah Supreme Court holds that, a person who otherwise qualifies as a plaintiff can sue himself for wrongful death or under the survivor statute; dismisses challenge to administrative action for inadequate briefing; and denies request to place items on local ballot as referenda.

by William Gaskill

11 August 2015

Utah Supreme Court rejects constitutional challenge to strict compliance provision of Adoption Act; affirms tax valuation of office building; holds admission of drug conviction in medical malpractice case unduly prejudicial; and holds cap on noneconomic damages in medical malpractice suits violates the state constitution in wrongful death cases.

by William Gaskill

13 February 2015

Utah Court of Appeals holds tortfeasors can sue themselves in their roles as heirs and personal representatives under Utah’s survivor and wrongful death statutes and issues three other opinions.

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