February, 2016 Introduction The work-product doctrine provides an attorney a certain level of autonomy regarding mental impressions, conclusions, opinions, and legal theories surrounding a case. This article discusses the applicability of the work-product doctrine generally. Utah Work-product Generally The work-product doctrine is a judicially created doctrine now codified in Utah Rule of Civil Procedure 26(b)(5). […]
Kristina Ruedas February, 2016 One of the most enduring concerns about the current U.S. immigration law is the difficult and lengthy process qualified non-U.S. citizen workers face in obtaining work visas. In an attempt to provide a bridge between graduation and obtaining a work visa for qualified non-U.S. citizens who graduated from American institutions, the […]
February, 2016 When drafting or entering into a contract, whether it be a sales agreement, a real estate purchase contract, a lease, or a services contract, it is important to understand the differences between a covenant and a condition. A covenant is a promise by one party to do something for the other party – […]
February 2016 Introduction As litigation becomes more complex and as businesses become more sophisticated, issues begin to arise as to what documents and materials are afforded protection. For example, in construction disputes, the issue of causation is typically complex. Parties often will hire third-party consultants or engage in their own internal investigation into the issues […]
Heather Tanana January 2016 Society has labeled parents that do not pay court ordered child support as “deadbeats.” However, a study published in February 2015 (http://onlinelibrary.wiley.com/doi/10.1111/jomf.12188/abstract) looked into whether so-called “deadbeat dads” are in fact financially providing for their children in other ways. The researchers found that many disadvantaged noncustodial fathers spend an average of […]
October 2015 On August 11, 2015, the Utah Supreme Court clarified the analysis required under rules 608 and 609 of the Utah Rules of Evidence in their opinion, Robinson v. Taylor, 2015 UT 69. Specifically, Utah’s highest court held that evidence of a doctor’s unrelated felony conviction is inadmissible in subsequent malpractice litigation when the […]
May 2015 A Receivership case is an insolvency proceeding, roughly akin to a bankruptcy. However, the rules governing Receiverships are not as well-defined as in a bankruptcy proceeding. It is possible for someone who has made an investment or purchased an interest in a company or property to be drawn into a Receivership case based […]
Zack Peterson February 2015 Pentalon v. Rymark http://www.utcourts.gov/opinions/appopin/pentalon150205.pdf The Court of Appeals reversed the district court’s grant of summary judgment in favor of the lender in a mechanics’ lien foreclosure action. The district court ruled that excavations for footings and foundations were not sufficient improvements to constitute commencement of work under the 2008 version of […]
February 2015 Kingston v. State Farm http://www.utcourts.gov/opinions/appopin/kingston150205.pdf The Court of Appeals affirms the district court’s grant of summary judgment to State Farm on a question of UIM coverage under an automobile policy and a separate umbrella policy. The substitution of a vehicle and an automatic renewal of a policy do not constitute “new policies” which […]
February 2015 A recently released report from the Brookings Institution entitled “America’s Advanced Industries: What They Are, Where They Are, and Why They Matter” highlights the strength and diversity of Utah’s economy. The report defines an industry as an “advanced industry” if it meets two criteria: 1) the industry spends heavily in research and development […]
