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2015

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Articles 91 - 120 of 5966

Full-Text Articles in Law

Brooke Robinson, Petitioner And Appellant, V. Juan Pablo Matas-Vidal, Respondent And Appellee, Utah Court Of Appeals Dec 2015

Brooke Robinson, Petitioner And Appellant, V. Juan Pablo Matas-Vidal, Respondent And Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

On appeal from the Fourth Judicial District Court, Utah County, Honorable Christine S. Johnson, District Court No. 134100249


Salt Lake City, Plaintiff/Appellee, V. Randall Josephson, Defendant/Appellant. : Reply Brief, Utah Supreme Court Dec 2015

Salt Lake City, Plaintiff/Appellee, V. Randall Josephson, Defendant/Appellant. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

REPLACEMENT REPLY BRIEF OF APPELLANT

This is a replacement reply brief of appellant following an order from the
Court of Appeals certifying the matter to the Supreme Court for original appellate
review. The matter is an appeal from a judgment of conviction for one class-A
misdemeanor count of stalking, in violation of Utah Code 76-5-106.5, and one
class-B misdemeanor count of threat of violence, in violation of Utah Code 76-
5-107, in the Third Judicial District Court, in and for Salt Lake County, State of
Utah, the Honorable Katie Bernards-Goodman presiding.


State Of Utah, Plaintiff/Appellee, V. Billy Rohwedder, Defendant/Appellant. : Brief Of Appellant, Utah Court Of Appeals Dec 2015

State Of Utah, Plaintiff/Appellee, V. Billy Rohwedder, Defendant/Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF THE APPELLANT

Appeal from a conviction for theft by receiving stolen property, a second
degree felony, failing to stop at the command of a law enforcement officer,
a third degree felony, and failure to signal, a class A misdemeanor in the
Third District Court, State of Utah, the Honorable Elizabeth A. Hruby-
Mills, Judge, presiding.


State Of Utah, Plaintiff/Appellee, V. Billy Rohwedder, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals Dec 2015

State Of Utah, Plaintiff/Appellee, V. Billy Rohwedder, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Brief of Appellee

Appeal from convictions for theft by receiving stolen
property, a second degree felony; failing to stop at the
command of a law enforcement officer, a third degree felony;
and failure to signal, a class A midemeanor, in the Third
Judicial District, Salt Lake County, the Honorable Elizabeth
A. Hruby-Mills presiding

Oral Argument Not Requested


State Of Utah, Plaintiff/Appellee, V. Billy Rohwedder, Defendant/Appellant. : Reply Brief, Utah Court Of Appeals Dec 2015

State Of Utah, Plaintiff/Appellee, V. Billy Rohwedder, Defendant/Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

REPLY BRIEF OF THE APPELLANT

Appeal from a conviction for theft by receiving stolen property, a second
degree felony, failing to stop at the command of a law enforcemente officer
a third degree felony and failure to signal, a class A misdemeanor, in the
Third District Court, State of Utah, the Honorable Elizabeth A. Hruby-
Mills, Judge, presiding.


Transportation Alliance Bank, A Utah Banking Corporation, Plaintiff/Appellee, Vs. International Confections Company, Llc, An Ohio Limited Liability Company; Ng Acquisition, Llc, An Ohio Limited Liability Company; And Michael D. Ryan, And Individual, Defendants/Appellants, Utah Court Of Appeals Dec 2015

Transportation Alliance Bank, A Utah Banking Corporation, Plaintiff/Appellee, Vs. International Confections Company, Llc, An Ohio Limited Liability Company; Ng Acquisition, Llc, An Ohio Limited Liability Company; And Michael D. Ryan, And Individual, Defendants/Appellants, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from the Third District Court, Salt Lake county, State of Utah The Hon. Laura S. Scott, Civil No. 140907314


Gonzalez V. State, 131 Nev. Adv. Op. 99 (Dec. 31, 2015), Chelsea Stacey Dec 2015

Gonzalez V. State, 131 Nev. Adv. Op. 99 (Dec. 31, 2015), Chelsea Stacey

Nevada Supreme Court Summaries

The Court, sitting en banc, determined that by failing to answer questions from the jury that suggested confusion on a significant element of the law, failing to give an accomplice-distrust instruction, and by not bifurcating the guilt phase from the gang enhancement phase the district court violated the defendant’s right to a fair trial.


State V. Boston, 131 Nev. Adv. Op. 98 (Dec. 31, 2015), Nancy Snow Dec 2015

State V. Boston, 131 Nev. Adv. Op. 98 (Dec. 31, 2015), Nancy Snow

Nevada Supreme Court Summaries

The Court considers an appeal from a district court order granting a post-conviction petition for a writ of habeas corpus. Specifically, the Court considered whether the holding in Graham applies when an aggregate sentence imposed against a juvenile defender convicted of more than one nonhomicide offense is the equivalent of a life-without-parole sentence. The Court held that it does.


Scott V. First Jud. Dist. Ct., 131 Nev. Adv. Op. 101 (Dec. 31, 2015), Adrian Viesca Dec 2015

Scott V. First Jud. Dist. Ct., 131 Nev. Adv. Op. 101 (Dec. 31, 2015), Adrian Viesca

Nevada Supreme Court Summaries

The Court determined that Carson City Municipal Code (“CCMC”) 8.04.050(1) is (1) unconstitutionally overbroad because it “is not narrowly tailored to prohibit only disorderly conduct or fighting words” and (2) vague because it lacked sufficient guidelines and gave the police too much discretion in its enforcement.


Piroozi V. Eighth Jud. Dict. Ct., 131 Nev. Adv. Op. 100 (Dec. 31, 2015), Jessie Folkestad Dec 2015

Piroozi V. Eighth Jud. Dict. Ct., 131 Nev. Adv. Op. 100 (Dec. 31, 2015), Jessie Folkestad

Nevada Supreme Court Summaries

Real parties in interest, Hurst and Abbington sought and obtained a pretrial order from the district court barring petitioners, Dr. Piroozi and Dr. Blahnik, from arguing comparative fault of settled defendants at trial and including those defendants’ names on the verdict forms. In granting the Writ of Mandamus filed by the petitioners, the Supreme Court of Nevada resolved a conflict between NRS 41.141(3) and NRS 41A.045, holding that NRS 41A.045 preempts NRS 41.141(3) and entitles a defendant to argue the percentage of fault of settled defendants at trial and to include the settled defendant’s names on the jury verdict form.


Fergason V. Las Vegas Metropolitan Police Dept., 131 Nev. Adv. Op. 94 (Dec. 31, 2015), Lena Rieke Dec 2015

Fergason V. Las Vegas Metropolitan Police Dept., 131 Nev. Adv. Op. 94 (Dec. 31, 2015), Lena Rieke

Nevada Supreme Court Summaries

The Court determined (1) the district court erred in granting summary judgment to the State because the State failed to present evidence demonstrating no genuine issue of material fact existed as to whether the funds it seized from petitioner’s bank accounts were subject to forfeiture as proceeds attributable to the petitioner’s commission of a felony; (2) the State’s forfeiture of funds seized from a bank account will not stand without evidence connecting the funds to criminal activity; and (3) NRS § 179.1173(4) requires the State to prove by clear and convincing evidence the property is subject to forfeiture.

The Court …


Barber V. State, 131 Nev. Adv, Op. 103 (December 31, 2015), Ronni N. Boscovich Dec 2015

Barber V. State, 131 Nev. Adv, Op. 103 (December 31, 2015), Ronni N. Boscovich

Nevada Supreme Court Summaries

The Court considered an appeal from a district court conviction. The Court reversed the Eighth Judicial District Court’s judgment of conviction, pursuant to a jury verdict of burglary and grand larceny. The juvenile court retains jurisdiction over Barber because the legislation did not include language regarding jurisdiction stripping or dismissal requirements. However, the Court reversed the judgment because the prosecution presented insufficient evidence to support Barber’s conviction.


Pricing Disintermediation: Crowdfunding And Online Auction Ipos, A. Christine Hurt Dec 2015

Pricing Disintermediation: Crowdfunding And Online Auction Ipos, A. Christine Hurt

Faculty Scholarship

No abstract provided.


Joseph Tomlinson, Plaintiff/Appellant, Vs. Douglas Knight Construction, Inc., Defendant/Appellee/Cross-Appellant Douglas Knight Construction, Inc. Third-Party Plaintiff/Cross-Appellant, Vs. Superior Insulation, Co.; Picture Perfect Stone Masonry; And Akita Construction, Inc., Third-Party Defendants/Cross-Appellees, Utah Court Of Appeals Dec 2015

Joseph Tomlinson, Plaintiff/Appellant, Vs. Douglas Knight Construction, Inc., Defendant/Appellee/Cross-Appellant Douglas Knight Construction, Inc. Third-Party Plaintiff/Cross-Appellant, Vs. Superior Insulation, Co.; Picture Perfect Stone Masonry; And Akita Construction, Inc., Third-Party Defendants/Cross-Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from the Third District Court, Summit County, State of Utah, the Hon. Ryan Harris, Civil No. 100500668


Joseph Tomlinson, Plaintiff/Appellant, V. Doug Knight Construction, Inc., Defendant/Appellee/Cross-Appellant Doug Knight Construction, Inc., Defendant/Appellee/Cross-Appellant, V. Superior Insulation Co., Inc., Picture Perfect Stone Masonry; And Akita Construction, Inc., Third Party Defendants/Cross-Appellees, Utah Court Of Appeals Dec 2015

Joseph Tomlinson, Plaintiff/Appellant, V. Doug Knight Construction, Inc., Defendant/Appellee/Cross-Appellant Doug Knight Construction, Inc., Defendant/Appellee/Cross-Appellant, V. Superior Insulation Co., Inc., Picture Perfect Stone Masonry; And Akita Construction, Inc., Third Party Defendants/Cross-Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Cross-appeal from Third Judicial District Court, Summit County, Utah, order granting summary judgment before Judge Ryan Harris


The State Of Utah, Plaintiff/Appellee, Vs. Romeo Lucero Olivarez, Defendant/Appellant, Utah Court Of Appeals Dec 2015

The State Of Utah, Plaintiff/Appellee, Vs. Romeo Lucero Olivarez, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from a judgment of conviction arising from Sery pleas to two counts of Possession or Use of a Controlled Substance, a third degree felony, in violation of Utah Code §58-37-8(2)(a)(i), in the Third District Cou11, in and for Salt Lake County, State of Utah, the Honorable Randall Skanchy presiding.


State Of Utah, Plaintiff/Appellee, V. Travis Roger Tulley, Defendant/Appellant, Utah Court Of Appeals Dec 2015

State Of Utah, Plaintiff/Appellee, V. Travis Roger Tulley, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from a conviction for one count of reckless aggravated abuse of a vulnerable adult, a third degree felony, in violation of Utah Code 76-5-111(2), with conviction being amended to a first degree felony under Utah Code 76-3-203.5 and entered as a second degree felony pursuant to Utah Code 76-3-402; failure to register as a sex offender, a third degree felony, in violation of Utah Code 77-41-107(1)(a); and one count of interference with an arresting officer, a class B misdemeanor, in violation of Utah Code 76-8-305, in the third Judicial District Court, in and for Salt Lake County, State of …


Timothy Bivens, Anthony Arias, And Michelle Reed, Individually And As Class Representatives, And John Does And Jane Does, Who Are Other Members Of The Class, Similarly Situated, Plaintiffs/Appellants, V Salt Lake City, A Miunicipal Corporation, Defendant/Appellee, Utah Court Of Appeals Dec 2015

Timothy Bivens, Anthony Arias, And Michelle Reed, Individually And As Class Representatives, And John Does And Jane Does, Who Are Other Members Of The Class, Similarly Situated, Plaintiffs/Appellants, V Salt Lake City, A Miunicipal Corporation, Defendant/Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

No abstract provided.


James Robert Rawcliffe, Plaintiff And Appellant, V. Robert Anciaux. Et Al., Defendants And Appelles, Utah Court Of Appeals Dec 2015

James Robert Rawcliffe, Plaintiff And Appellant, V. Robert Anciaux. Et Al., Defendants And Appelles, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

On appeal from the Third District Court, Salt Lake County, State of Utah The Honorable Heather Brereton, District Court No. 140905252


Sean Kendall, Plaintiff/Appellant, V Brett Olsen, Lt. Brian Purvis, Joseph Allen Everett, Tom Edmundson, George S. Pregman And Salt Lake City Corporation, Defendants/Appellees, Utah Court Of Appeals Dec 2015

Sean Kendall, Plaintiff/Appellant, V Brett Olsen, Lt. Brian Purvis, Joseph Allen Everett, Tom Edmundson, George S. Pregman And Salt Lake City Corporation, Defendants/Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

On Appeal from the Third Judicial District Court, Salt Lake County, State of Utah, Case No. 150900558


Andrea P. Lindstrom, Petitioner/Appellant, V. Custom Floor Covering, Inc. Dba Carpets Of America, Inc., Respondent/Appellee. : Brief Of Appellant, Utah Court Of Appeals Dec 2015

Andrea P. Lindstrom, Petitioner/Appellant, V. Custom Floor Covering, Inc. Dba Carpets Of America, Inc., Respondent/Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF THE APPELLANT

Appeal from the First District Court, Cache County, Judge Thomas L. Willmore


Andrea P. Lindstrom, Petitioner/Appellant, V. Custom Floor Covering, Inc. Dba Carpets Of America, Inc., Respondent/Appellee. : Brief Of Appellee, Utah Court Of Appeals Dec 2015

Andrea P. Lindstrom, Petitioner/Appellant, V. Custom Floor Covering, Inc. Dba Carpets Of America, Inc., Respondent/Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF THE APPELLEE

Appeal from the First District Court, Cache County, Judge Thomas L. Willmore


Patricia Beckman, An Individual, Plaintiff, Counterclaim Defendant, And Appellant Vs. Cybertary Franchising, Inc.; Franchise Foundry, Llc; And Christian Faulconer, An Individual, Defendants, Counterclaimant (As To Cybertary), And Appellees. : Brief Of Appellee, Utah Court Of Appeals Dec 2015

Patricia Beckman, An Individual, Plaintiff, Counterclaim Defendant, And Appellant Vs. Cybertary Franchising, Inc.; Franchise Foundry, Llc; And Christian Faulconer, An Individual, Defendants, Counterclaimant (As To Cybertary), And Appellees. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLEES

Appeal from the Fourth Judicial District Court of
Utah County
The Honorable Darold J. McDade, District Court Judge


Camco Construction, Inc., A Utah Corporation, Athletic Performance Institute, L.L.C., Utah Baseball Academy, Inc., And Robert Keyes, Counterclaim Plaintiffs-Appellants, Vs. Utah Baseball Academy, Inc., A Corporation, Et Al., Keybank National Association; Sharron Troszak; Dale Conder; And John Does 1-10, Counterclaim Defendants-Appellees. And Other Related Causes Of Action : Brief Of Appellee, Utah Court Of Appeals Dec 2015

Camco Construction, Inc., A Utah Corporation, Athletic Performance Institute, L.L.C., Utah Baseball Academy, Inc., And Robert Keyes, Counterclaim Plaintiffs-Appellants, Vs. Utah Baseball Academy, Inc., A Corporation, Et Al., Keybank National Association; Sharron Troszak; Dale Conder; And John Does 1-10, Counterclaim Defendants-Appellees. And Other Related Causes Of Action : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLEES KEYBANK, TROSZAK, AND CONDER

APPEAL FROM A JUDGMENT OF THE THIRD JUDICIAL DISTRICT COURT
FOR SALT LAKE COUNTY, HONORABLE ANTHONY B. QUINN,
DISTRICT JUDGE


Paul Timothy And Janice Timothy, Plaintiff/Appellant Vs. Pia Anderson Dorius Reynard & Moss, Llc, A Utah Limited Liability Company; And Brennan Moss, An Individual, Defendant/Appellee : Brief Of Appellant, Utah Court Of Appeals Dec 2015

Paul Timothy And Janice Timothy, Plaintiff/Appellant Vs. Pia Anderson Dorius Reynard & Moss, Llc, A Utah Limited Liability Company; And Brennan Moss, An Individual, Defendant/Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

APPELLANT'S BRIEF
Trial Court Judge: Shaughnessy
Appellate Case No.20150051
Civil No. 120905780


Afton B. Thomas, Trustee Of The J.M. Trust, Plaintiff/Appellant V. Jody K. Mattena, An Individual, Defendant/Appellee, Afton B. Thomas, Trustee Of The Kent E. Thomas Marital Trust, Plaintiff/Appellant, V. George Tennyson Mattena; Jody K. Mattena, Individuals; And Bad Lands Bow Hunters, Llc, A Utah Limited Liability Company Defendants/Appellees, : Brief Of Appellee, Utah Court Of Appeals Dec 2015

Afton B. Thomas, Trustee Of The J.M. Trust, Plaintiff/Appellant V. Jody K. Mattena, An Individual, Defendant/Appellee, Afton B. Thomas, Trustee Of The Kent E. Thomas Marital Trust, Plaintiff/Appellant, V. George Tennyson Mattena; Jody K. Mattena, Individuals; And Bad Lands Bow Hunters, Llc, A Utah Limited Liability Company Defendants/Appellees, : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLEES

ON APPEAL FROM THE THIRD DISTRICT COURT,
SALT LAKE COUNTY, UTAH, THE HONORABLE RYAN HARRIS


Idrive Logistics, Llc, Plaintiff/Appellee, V. Integracore, Llc, Defendant/Appellant. : Brief Of Appellant, Utah Court Of Appeals Dec 2015

Idrive Logistics, Llc, Plaintiff/Appellee, V. Integracore, Llc, Defendant/Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

BRIEF OF APPELLANT INTEGRACORE, LLC

Appeal from Interlocutory Orders by
Fourth District Court, Utah County,
Honorable Fred D. Howard, Case
No. 130400386


Eldad Vered, M.D., An Individual, Plaintiff/Appellee, Vs. Tooele Hospital Corporation, A Utah Corporation, Doing Business As Mountain West Medical Center, Executive Medical Committee Of The Medical Staff Of The Mountain West Medical Center, An Organization, Tracy Schaffer, R.N., An Individual, And Yvonne Nielson, R.N., An Individual, Defendants/Appellants. : Reply Brief, Utah Court Of Appeals Dec 2015

Eldad Vered, M.D., An Individual, Plaintiff/Appellee, Vs. Tooele Hospital Corporation, A Utah Corporation, Doing Business As Mountain West Medical Center, Executive Medical Committee Of The Medical Staff Of The Mountain West Medical Center, An Organization, Tracy Schaffer, R.N., An Individual, And Yvonne Nielson, R.N., An Individual, Defendants/Appellants. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

REPLY BRIEF OF APPELLANTS

INTERLOCUTORY APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT,
TOOELE COUNTY, JUDGE ROBERT ADKINS


Geoffrey S. Rule, Petitioner/Appellee, Vs. Richelle Rule, Respondent/Appellant. : Reply Brief, Utah Court Of Appeals Dec 2015

Geoffrey S. Rule, Petitioner/Appellee, Vs. Richelle Rule, Respondent/Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

REPLY BRIEF OF APPELLANT


Joseph Tomlinson, Plaintiff/Appellant, Vs. Douglas Knight Construction, Inc. Defendant/Appelle/Cross-Appellant, Utah Court Of Appeals Dec 2015

Joseph Tomlinson, Plaintiff/Appellant, Vs. Douglas Knight Construction, Inc. Defendant/Appelle/Cross-Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from the Third Judicial District Court, Summit County, from Orders Granting Dispositive Motions before the Honorable Ryan Harris