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Cook Martin Poulson, P.C., Plaintiff And, Appellee V. Daniel G. Smith, Defendant And, Appellant : Reply Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the First Judicial District Court, Cache County, Honorable Kevin K. Allen, District Court No. 140100505

Thomas J. Burns Aaron R. Harris Elisabeth E. Calvert DENTON DURHAM JONES & PINEGAR, P.C. Attorneys for Appellee Cook Martin Poulson, P.C.

Troy L. Booher (9419) Beth E. Kennedy (13771) ZIMMERMAN BOOHER Russell S. Walker PEARSON BUTLER PLLC Attorneys for Appellant Daniel G. Smith

West Valley City, Appellee/Plaintiff V. Carl Begnaud, Appellant/Defendant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM CONVICTION AND JUDGMENT IN THE THIRD DISTRICT COURT, SALT LAKE COUNTY, STA TE OF UTAH, CASE NO. 181912383, BEFORE THE HONORABLE JUDGE KARA PETTIT

Staci Visser, Bar No. 14358, Counsel for Carl Begnaud

Corey D. Sherwin, Counsel for West Valley City

M.N.V. Holdings, L.C., Appelant V. 200 South Llc, Appelle : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third Judicial District Court, Salt Lake County Honorable Andrew Stone

Greggory J. Savage Gregory S. Roberts Ray Quinney & Nebeker Attorneys for 200 South LLC

Scott 0. Mercer J. Adam Knorr Kesler & Rust Attorneys for M N. V Holdings, L.C.

State Of Utah, Plaintiff/ Appellee V. Bakar Mberwa, Defendant/ Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from convictions for rape and aggravated burglary, both first-degree felonies, in the Third Judicial District, Salt Lake County, the Honorable Adam Mow presiding

EMILY ADAMS, FREYJA JOHNSON, CHERISE BACALSKI, Counsel for Appellant

DAVID A. SIMPSON, SEAN D . REYES, COLLEEN K. MAGEE, Counsel for Appellee

State Of Utah, Plaintiff/ Appellee, V. Bakar Mberwa, Defendant/ Appellant: Appellee Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from convictions for rape and aggravated burglary, both first-degree felonies, in the Third Judicial District, Salt Lake County, the Honorable Adam Mow presiding

EMILY ADAMS, FREYJA JOHNSON, CHERISE BACALSKI, Counsel for Appellant

DAVID A. SIMPSON, SEAN D. REYES, COLLEEN K. MAGEE, Counsel for Appellee

State Of Utah, Appellee V. Russell Keith Harper, Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM A SENTE,7\TC,'E, JUDGMENT, AND COMMITMENT ENTERED ON AUGUST 28, 2019, BY THE HONORABLE DOUGLAS B. THOMAS OF THE SEVENTH JUDICIAL DISTRICT COURT, IN AND FOR CARBON COUNTY, STATE OF UTAH

Jeffrey D. Mann, Assistant Attorney's General

K. ANDREW FITZGERALD

A1 Pioneer Moving And Wcf Mutual Insurance Company Appellants/Respondents V. Utah Labor Commission And Viliami Pulu Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Joshua M. Woodbury WCF MUTUAL INSURANCE COMPANY ATTORNEY FOR APPELLANTS

Tracy L. Olson Chad P. Curtis SMART, SCHOFIELD, SHORTER, P.C. ATTORNEYS FOR APPELLEE Christopher Hill, General Counsel ATTORNEY FOR APPELLEE UT AH LABOR COMMISSION

Knight Adjestment Bureau, A Utah Corporation, Appellant/ Plaintiff, V. Daniel Urman Dba Darwin 360 Inc. And Darwin 360 Inc., Appellee/ Defendant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal From The Judgment of The Third Judicial District Court of Salt Lake County, Honorable Elizabeth A. Hruby-Mills

Jay V. Barney, Attorneys for Appellant/Plaintiff

Sean N. Egan, Attorney for Appellees/ Defendants

Re-Victimization Of Domestic Violence Victims, Angela De La Garza

Brigham Young University Journal of Public Law

No abstract provided.

Fha Sexual Harassment Claims: Title Vii Applications And Departures Through Caselaw And Hud’S 2016 Rule, Brittany Urness

Brigham Young University Journal of Public Law

No abstract provided.

Extending Nepa To Disaster Mitigation, Kevin Alden

Brigham Young University Journal of Public Law

No abstract provided.

Wright W. Thurston; True North United Investments, Llc; Green United, Llc; Powerit Pte Ltd; Aloha Industries Group, Llc; Bcds Enterprise, Llc; And Instant Income, Inc. Plaintiffs/ Appellants, V. Block United, Llc; Fortecx, Inc.; Fca Partners, Llc; Craig Pickering; Crp Investment Trust; Craig Lewis; Jeff Jensen; Barry Dixon; Rodney Wilkinson; Wilkinson Legacy Trust; And Does 1-20; Defendants/ Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fourth Judicial District court, Utah County, Honorable Christine Johnson, District court Nos.190400207 and 190400209

B. Ray Zoll Chad C. Shattuck Jared W. Moss Attorneys for Appellants

Evan S. Strassberg Steven J. Joffee Attorneys for Appellees

Emily Hunsaker, Plaintiff/ Appellant V. American Healthcare Capital, Defendant/ Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from Findings of Fact and Conclusions of Law and Rule 58Afinal Judgment of the Fourth Judicial District Court in and for Utah County, Spanish Fork Department, State of Utah. Trial Judge Jared Eldridge

ATTORNEYS FOR APPELLANTS, Justin D. Heideman (USB #8897), Justin R. Elswick (USB #9153)

ATTORNEYS FOR APPELLEE, Jere Reneer (USB #7967),

Vincent Meister, Respondent/Appellant V. Salt Lake County, Petitioner/ Appellee. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM A FINAL ORDER OF SALT LAKE COUNTY'S PETITION FOR REVIEW IN THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY, SALT LAKE CITY, STATE OF UTAH THE HON. SU CHON, CASE NO. 170907663

Andrew W. Starvos STARVOS LAW P.C. Counsel for Respondent/ Appellant Vincent Meister

Jacque M. Ramos SALT LAKE COUNTY DISTRICT Counsel for Petitioner/ Appellee, Salt Lake County

Kodiak America, Llc, And Steve Luczak, Plaintiffs/Appellees V. Summit County, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Interlocutory appeal from a denial to apply res judicata on a motion and cross-motion for partial summary judgment in the Third District Court, Salt Lake County, State of Utah Case No. 170908225, Honorable Keith A. Kelly

Jonathan O. Hafen (6096) Robert A. McConnell (6611) Justin P. Matkin (8847) Laura G. Kennedy (7238) PARR BROWN GEE & LOVELESS, P.C. Attorneys for Appellees Kodiak America, LLC and Steve Luczak

Margaret H. Olson (6296) Summit County Attorney Helen E. Strachan (9588) Deputy County Attorney Attorneys for Appellant Summit County

Margie Stevens And Ron Stevens, Appellants V. Seven Peaks Waterpark Slc, Inc., D.B.A. Seven Peaks Place, Salt Lake City, L.C., Including Its Employees And Agents; And Does I-Ix, Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable William K. Kendall, District Court No. 1700904217

Joann Shields (4664), Shields Law Firm, P .C., Attorney for Appellees

Sara Pfrommer (9366), Law Offices of Sara Pfrommer, Attorney for Appellants Ron D. Wilkinson (5558), Heritage Law Offices, Attorneys for Appellants

Margie Stevens And Ron Stevens, Appellants V. Seven Peaks Waterpark Slc, Inc., D.B.A. Seven Peaks Place, Salt Lake City, L.C., Including Its Employees And Agents; And Does I-Ix, Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable William K. Kendall, District Court No. 1700904217

Joann Shields, Attorney for Appellees

Sara Pfrommer, Ron D. Wilkinson, Attorney for Appellants

Cathleen Loyens, Appellant/Petitioner, V. David Loyens, Trial Court : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE THIRD DISTRICT COURT FOR SUMMIT COUNTY JUDGE KENT R. HOLMBERG PRESIDING

Appellant/Petitioner, Asa Kelley, Esq.

Appellee/Respondent Pro se, David Loyens

State Of Utah, Appellee V. Russell Keith Harper, Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from convictions for theft, a second degree felony; criminal mischief, a second degree felony; and three counts of burglary, third degree felonies, in the Seventh Judicial District, Carbon County, the Honorable Douglas B. Thomas presiding

K. ANDREW FITZGERALD, Counsel for Appellant

JEFFREY D. MANN, SEAN D. REYES, Utah Attorney General, JEREMIAH HUMES, Counsel for Appellee

Cathleen Loyens, Appellant/Petitioner, V. David Loyens, Trial Court : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Asa Kelly, Counsel for Appellant

David Loyens, Appellee Pro Se

Melita Farley, Plaintiff/ Appellee V. Erselen Rayne, Defendant/ Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal From The First Judicial District Court Honorable Brian Cannell, Case No: 150100249

Roger H. Hoole 5089, Attorney for Plaintiff/Appellee

Daniel F. Bertch, Attorneys for Defendant/Appellant

Hannah Vanlaningham Plaintiff/ Appellant V. Dr. Ryan Hart, Dds And, Hart Dental, Llc : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Interlocutory Appeal from the Fourth District Court, Utah County, Order of the Honorable Kraig Powell, Case No.180400540

David 0. Black Attorney for Petitioner/Appellant

Terence L. Rooney Attorney for Defendant/ Appellee

Sysco Corp., American Zurich Insurance Company, And New Hampshire Insurance Company, Respondents/Appellants V. Utah Labor Commission, And Paul Roberts: Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Brian Kelm Attorney for Appellee Roberts Christopher Hill General counsel for Appellee ULC

Brad Miller #10478 Attorney for Respondents Pollart Miller LLC

Knight Adjestment Bureau, A Utah Corporation, Appellant/ Plaintiff, V. Daniel Urman Dba Darwin 360 Inc. And Darwin 360 Inc., Appellee/ Defendant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE THIRD DISTRICT COURT, SALT LAKE COUNTY, SALT LAKE CITY DEPARTMENT, THE HONORABLE ELIZABETH A. HRUBY-MILLS, CASE NO. 179914006

Jay V. Barney, Attorneys for Appellant/Plaintiff Knight Adjustment Bureau

Sean N. Egan, Attorneys for Appellee/Defendant

Information Matters In Tax Enforcement, Leandra Lederman, Joseph C. Dugan

BYU Law Review

Most scholars recognize both that the government needs information about taxpayers’ transactions to determine whether their reporting is honest, and that third third-party reporting helps the government obtain that information. Given governments’ reliance on tax collections, it would be risky to think that information or third third-party reporting is not needed by tax agencies. However, a recent article by Professor Wei Cui asserts that “modern governments can practice ‘taxation without information.’” Professor Cui’s argument rests on two claims: (1) “giving governments effective access to taxpayer information through third parties does not explain the success of modern tax administration” because, he …

In Defense Of Immutability, Nicholas Serafin

BYU Law Review

Over the last forty years, the concept of immutability has been central to Equal Protection doctrine. According to current doctrine, a trait is immutable if it is beyond the power of an individual to change or if it is fundamental to personal identity. A trait that meets either of these criteria receives heightened legal protection under constitutional antidiscrimination law. Yet most legal scholars who have addressed the topic have called for the abandonment of the immutability criterion on the grounds that the immutability criterion is conceptually confused, morally indefensible, and bound to stigmatize subordinate groups.

A rejection of the immutability …

Debunking Intellectual Property Myths: Cross Cultural Experiments On Perceptions Of Property, Gregory N. Mandel, Kristina R. Olson, Anne A. Fast

BYU Law Review

For decades, the prevailing view in the United States and many Western countries has been that China does not appropriately respect intellectual property rights. These beliefs lie at the heart of President Donald Trump’s current trade war with China. Despite substantial geopolitical debate over differences between American an d Chinese attitudes towards intellectual property rights, and despite the critical effects that such attitudes have on international economic markets and the function of intellectual property systems, empirical evidence of these attitudes is largely lacking. This Article presents original experimental survey research that explores cross cross-cultural differences between American and Chinese attitudes …

Fan Films And Fanworks In The Age Of Social Media: How Copyright Owners Are Relying On Private Ordering To Avoid Angering Fans, Kagen Despain

BYU Law Review

Fandoms active in creating “fanworks” are increasingly able to leverage social media to coordinate and respond to owners of large media franchises who attempt to limit the creation and distribution of fan films. The resulting friction between these groups can be more efficiently addressed through private ordering rather than through formal legal reform.

Sysco Corp. And American Zurich Insurance Company, Appellant/Respondents V. Labor Commission And Paul Roberts, Appellee/Petitioner : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

BRIEF OF RESPONDENTS SYSCO CORP., AMERICAN ZURICH INSURANCE COMPANY, and NEW HAMPSHIRE INSURANCE COMPANY

Brian Kelm Attorney for Petitioner Christopher C. Hill, General Counsel Counsel for Labor Commision

Brad J. Miller Attorney for Respondents Pollart Miller LLC

Sara Ward, Appellant V. Meredith Mcgarry, Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Commissioner Joana Sagers and Judge Richard McKelvie, District Court No. 134901200

Angilee K. Dakic (12722), Pearson Butler, LLC, Attorney for Appellant

Martin N. Olsen, Olsen & Olsen, LLC, Attorney for Appellee