Craig v Provo City

Provo sought certiorari of the court of Appeals decision applying the savings statute, Utah Code 78B-2-111, to tort claims against government entities. The court, 4-1, reversed. The majority held that Utah’s Governmental Immunities Act is a comprehensive statute governing tort claims against Utah governmental entities and is all encompassing on the matters it addresses like the time to sue provision at issue here, there is no savings provisions for cases dismissed for reasons unrelated to the merits and thus the one year limit applies even when a complaint is dismissed for reasons unrelated to the merits. The majority noted this is consistent with recent precedent that the longer limitations period under the Act controlled over shorter periods for false arrest and defamation. It rejected two arguments of the Court of Appeals holding the perceived purpose of the statute cannot overcome the text of the statute and that there is no requirement for the legislature to make a plain statement excluding tort claims against the government  from 111 as the case relied upon by the Court of Appeals had nothing to do with the Act and there is simply no requirement for the legislature to speak plainly or explicitly about anything and thus failure to be plain merely create a problem of statutory construction and does not answer the problem. The dissent argued that eh term “comprehensive” does not mean exclusive and that the purpose of the Act were fulfilled by Craig’s notices and complaints field in this case. The dissent also argued that corpus linguistics analysis has not been adopted by the Court and a foot note suggesting the contrary went too far.

Nevares v Adoptive Couple

Nevares filed a paternity case seeking sole custody of a minor child. After remand from an earlier dismissal, Couple intervened and moved to dismiss as the child lives in Illinois and an adoption case is pending there. The district court dismissed the case. The Court affirmed. It held that under Utah’s version of the Uniform Child Custody Jurisdiction and Enforcement Act, 78B-13-101 to -318, there was no jurisdiction over the case because at the time the case was filed the child was in Illinois and even if home state status existed because child lived in Utah for eight days, no parent or person acting as a parent lives in Utah; there was no significant connection between the child and Utah as the child lives in Illinois and no parent or other qualified person lives in Utah; no state has declined jurisdiction; and Illinois has jurisdiction as the child and Couple have lived in Illinois more than six months and no other state has jurisdiction and significant evidence exists in Illinois concerning child custody. It held that Nevares’ arguments about Couple’s litigation conduct should be directed to Illinois courts as Utah courts do not have jurisdiction.

McBroom and Immlet v Child, KeyBank National Association et al.

McBroom and Immlet sued Child, KeyBank and several other defendants alleging several torts arising from the settlement of the estate of the founder of R.C. Wiley. The district court granted summary judgment to all defendants. The Court affirmed. It held that Immlet was bound by a 1973 settlement agreement as she signed it, knew that the signature page was part of a longer document yet never asked for the full document and thus all her claims are barred. It held that McBroom’s suit to set aside the 1973 agreement failed because the agreement was approved by a district court judge and McBroom did not file a Rule of Civil Procedure 60(b) motion or a claim of fraud on the court. It held there was no breach of fiduciary duty claim against Child as McBroom did not become a shareholder in the R.C. Wiley Company until the 1973 agreement and the act that creates a fiduciary relationship cannot be a breach of that relationship. It finally held that McBroom’s breach of fiduciary duty against KeyBank was time barred as McBroom knew about the settlement agreement and the guardianship proceeding to facilitate it and took no efforts to protect his interests for over 30 years.