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Peggy Zazzetti, Plaintiff/Appellant V. Prestige Senior Living Center : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON appeal from the Third Judicial Court, Summit County Honorable Kent Holmberg, District Court No. 170500337

Daniel F. Bertch, Caleb Bertch, Attorneys for Plaintiff/Appellant, Joseph E. Minnock, Attorneys for Defendant/Appellee Action Snow Plow and Lawn Care, Inc.

Jeremy Stuart, Nathanael J. Mitchell, Attorneys for Defendant/AppelleePrestige Senior Living Center, LLC

Peggy Zazzetti, Plaintiff/Appellant V. Prestige Senior Living Center : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a Judgment of the Third Judicial District Court Summit County, Honorable Kent Holmberg

Daniel F. Bertch, Caleb C. Bertch, Attorneys for Appellant Peggy Zazetti, Erika Larsen, Jeremy Stuart, Attorneys for Appellant Prestige Senior Living Center, L.L.C.

Joseph E. Minnock, Attorneys for Appellee Action Snowplow and Lawn Care, Inс.

Vincent Meister, Appellant V. Salt Lake County, Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

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

Jacque M. Ramos, David V. Pena, Counsel for the Appellee Salt Lake

Andrew W. Stavros, STAVROS LAW P.C., Counsel for the Appellant Vincent

Canyon Advantage Llc And Breckenridge Property Fund 2016 Llc Appellees, V. Contract Management Serve., Iron Horse Fiducciaries, And Michael Van Leeuwen, Appellants : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

LOU G. HARRIS, ATTORNEY for APPELLANTS, MICHAEL J. VAN LEEUWEN, PRO-SE

SARA E. BOULEY, ATTORNEY for APPELLEES, JAMES DUNKELBERGER, RYAN MERRIMAN, ATTORNEY for APPELLEES

State Of Utah, Plaintiff/ Appellee V. Jason Ronald Hulse, Defendant / Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from convictions for possession of a firearm by a restricted person, a second-degree felony, and destructive or injurious littering, a class-C misdemeanor, in the First Judicial District, Box Elder County, the Honorable Brandon J. Maynard presiding

LEAH J. ASTON, Counsel for Appellant

NATHAN H. JACK (17074), Assistant Solicitor General, SEAN D. REYES (7969), Utah Attorney General, BLAIR T. WARDLE, Box Elder County Attorney's Office, Counsel for Appellee

State Of Utah, Plaintiff/ Appellee V. Jason Ronald Hulse, Defendant / Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from convictions for possession of a firearm by a restricted person, a second-degree felony, and destructive or injurious littering, a class-C misdemeanor, in the First Judicial District, Box Elder County, the Honorable Brandon J. Maynard presiding

LEAH J. ASTON, Counsel for Appellant

NATHAN H. JACK, SEAN D. REYES, BLAIR T. WARDLE, Counsel for Appellee

Michael Earl Noel, Plaintiff / Appellee V. William Thomas James Respondent /Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Sixth District Court, Kane County, of the order of a permanent civil stalking injunction from the EVIDENTIARY HEARING before the Honorable Marvin D. Bagley

Frank D. Mylar, Counsel for Appelle

William James, Pro se Appellant

Kent Smith, Chandra Smith, Edward M . Duke, Sharon P. Duke, And Timothy Syndergaard, Appellees /Petitioners V. David Zook, In His Capacity As The City Manager/ Recorder/ Local Clerk Of Nibley City, Appellee/ Respondent, And Return Development, Llc, Appellant / Intervenor-Respondent : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Appeal from the First Judicial District Court, Cache County, Utah, from the final order of the Honorable Brian G. Cannell

Daniel K. Dygert, Attorney for Appellees/Petitioners Kent Smith, Chandra Smith, Edward M. Duke, Sharon P. Duke, and Timothy Syndergaard

David K. Broadbent, Christopher R. Hogle, Chelsea J. Davis, Attorneys for Appellant/Intervenor Respondent Return Development LLC

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

Utah Court of Appeals Briefs (2020 –)

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

Sean N. Egan, Attorney for Appellee/Defendant

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

Utah Court of Appeals Briefs (2020 –)

Appeal from the Labor Commission of Utah

Joshua M. Woodbury, Esq. WCF MUTUAL INSURANCE COMPANY Attorney for Appellants Christopher T. Hill, Esq. UTAH LABOR COMMISSION Attorney for Appellee Utah Labor Commission

Tracy Olson, Esq. SMART SCHOFIELD SHORTER, P.C. Attorney for Appellee Viliami Pulu

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

Utah Court of Appeals Briefs (2020 –)

JAY V. BARNEY, P.C, Attorneys for Appellant/Plaintiff Knight Adjustment Bureau

JAY V. BARNEY, P.C, Attorneys for Appellant/Plaintiff Knight Adjustment Bureau

Sean N. Egan, Attorney for Appellee/Defendant

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

Utah Court of Appeals Briefs (2020 –)

REPLY BRIEF OF RESPONDENTS SYSCO CORP. AND AMERICAN ZURICH INSURANCE COMPANY

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

Brad J. 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 : Appellant Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

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

Sean N. Egan, Attorney for Appellee/Defendant

Kent Smith, Chandra Smith, Edward M . Duke, Sharon P. Duke, And Timothy Syndergaard, Appellees /Petitioners V. David Zook, In His Capacity As The City Manager/ Recorder/ Local Clerk Of Nibley City, Appellee/ Respondent, And Return Development, Llc, Appellant / Intervenor-Respondent : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Appeal from the First Judicial District Court, Cache County, Utah, from the final order of the Honorable Brian G. Cannell

David K. Broadbent,, Christopher R. Hogle, Chelsea J. Davis, Attorneys for Appellant/Intervenor Respondent Return Development LLC

Daniel K. Dygert, Attorney for Appellees/Petitioners Kent Smith, Chandra Smith, Edward M. Duke, Sharon P. Duke, and Timothy Syndergaard

Mark Christopher Tracy Dba, Emigration Canyon Home Owners Association, Petitioner / Appellant, V. Simplifi Company, Jennifer Hawkes And Eric Hawkes, Respondents/Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from Order Granting Motion to Dismiss Petition for de novo Judicial Review of the Denied Request for Access to Governmental Records Regarding Lead Contamination of a Public Drinking Water System entered in the Third Judicial District, Salt Lake County Division, the Honorable Robert P. Faust presiding No. 200905123 JEREMY R. COOKTIM E. NIELSON Cohne Kinghorn P.C. MARK CHRISTOPHER TRACY

JEREMY R. COOK TIM E. NIELSON Cohne Kinghorn P.C. Counsel for Appellees

MARK CHRISTOPHER TRACY Pro Se Appellant

Book Review: Jordan Carson, American Exceptionalism As Religion: Postmodern Discontent., Lucy Williams

Faculty Scholarship

No abstract provided.

Hidden Bias In Empirical Textualism, Matthew C. Jennejohn, D. Carolina Nunez, Samuel Nelson

Faculty Scholarship

A new interpretive technique called “corpus linguistics” has exploded in use over the past five years from state supreme courts and federal courts of appeals to the U.S. Supreme Court. Corpus linguistics involves searching a large database, or corpus, of text to identify patterns in the way in which a certain term is used in context. Proponents of the method argue that it is a more “empirical” approach than referencing dictionaries to determine a word’s public meaning, which is a touchstone in originalist approaches to legal interpretation.

This Article identifies an important concern about the use of corpus linguistics in …

Cyber Due Diligence, Eric Talbot Jensen, Sean Watts

Faculty Scholarship

Due diligence—the notion that international law includes a duty to cease and remedy damage that emanates from a State’s territory—has been proposed as an international legal measure to temper destabilizing effects of harm from cyber infrastructure. Yet the extent to which States, particularly the United States, accept due diligence as either a principle of general international law or as a rule of conduct applicable to the context of cyberspace is not clear. This Article examines past and present U.S. experience with due diligence, both as a principle and rule of conduct in general international law. In light of U.S. foreign …

Dark Matter In The Law, D. Carolina Nunez

Faculty Scholarship

Not all law is written down. Sometimes, informal norms and expectations about what the law is or ought to be constrain behavior. Lawyers and legal commentators instinctively understand this concept and have written about it, but none have discussed the interaction or relationship between these unwritten norms—which I refer to as law’s “dark matter”—and traditional formal law, like case law and statutes—which I refer to as law’s “ordinary matter.” I venture into this overlooked relationship to reveal a fascinating and important dynamic that shapes the development of law.

In this article, I explore law’s dark matter by observing its effect …

Covid-19 And Its Impact(S) On Innovation, Clark Asay, Stephanie Plamondon Bair

Faculty Scholarship

In previous work, we explored how certain characteristics of adversity are often more conducive to innovation than others. In this Article, prepared as part of the Lee E. Teitelbaum Utah Law Review Symposium—The Law & Ethics of Medical Research, we review some of that work and apply it specifically to the COVID-19 context. We conclude by assessing certain policy implications in light of how the COVID-19 pandemic has both spurred and hindered innovation.

The Missing D In U.S. Foreign Relations Law, David H. Moore

Faculty Scholarship

United States foreign relations law once subsisted on the outskirts of constitutional and international law. Now a recognized field of scholarship in its own right, foreign relations law addresses some of the most important questions of our time, such as whether the President may unilaterally conduct strikes against Iran or withdraw from the Paris Climate Agreement. For all its importance, however, U.S. foreign relations law has developed with blinders on. U.S. foreign policy embraces at least three Ds: defense, diplomacy, and development. Yet foreign relations law scholarship has approached the critical questions of the field almost exclusively through the lens …

Dignity And Discrimination, Frederick Mark Gedicks

Faculty Scholarship

Delivered as the Dignity in Law Symposium keynote address, this essay surveys uses of “dignity” in U.S. constitutional law, with a focus on conflicts between the dignities attached to citizenship and religious conscience. Parts I and II discuss dignity as state sovereignty and hierarchical status. Part III examines the collision of dignities in the Masterpiece Cakeshop decision. Part IV argues that attention to the public or private nature of the site where religious accommodation is demanded clarifies when accommodation is appropriate, using a house of worship and a government office as illustrations. Part V lists other sites of accommodation and …

Christian Dignity And The Overlapping Consensus, Frederick Mark Gedicks

Faculty Scholarship

This Article rejects arguments by Christian leaders, scholars, and others who lament the secularization of the West and urge Christian dignity as the foundation of universal human rights. It argues instead that only a secular conception of dignity free of Christian metaphysics can create an overlapping consensus in support of human rights.

Part I describes the roots of Christian dignity in medieval theology and status. Part II briefly recounts how the Renaissance and Enlightenment re-centered the end of dignity from knowing God to knowing oneself, while the Reformation’s extension of original sin to the intellect left Catholicism as the primary …

Small Business Disaster Relief And Restructuring, Brook Gotberg

Faculty Scholarship

To assist small businesses in the wake of an exogenous shock, Congress should consider implementing a system of lending that models the financing provided to small business debtors in a bankruptcy proceeding. Such a system would be more targeted, effective, and fair than traditional government loans, but less stigmatizing than bankruptcy.

Prosecutors And Mass Incarceration, Shima Baradaran Baughman, Megan Wright

Faculty Scholarship

It has long been postulated that America’s mass incarceration phenomenon is driven by increased drug arrests, draconian sentencing, and the growth of a prison industry. Yet among the major players—legislators, judges, police, and prosecutors—one of these is shrouded in mystery. While laws on the books, judicial sentencing, and police arrests are all public and transparent, prosecutorial charging decisions are made behind closed doors with little oversight or public accountability. Indeed, without notice by commentators, during the last ten years or more, crime has fallen, and police have cut arrests accordingly, but prosecutors have actually increased the ratio of criminal court …

Crime And The Mythology Of Police, Shima Baradaran Baughman

Faculty Scholarship

The legal policing literature has espoused one theory of policing after another in an effort to address the frayed relationship between police and the communities they serve. All have aimed to diagnose chronic policing problems in working towards structural police reform. The core principles emanating from these theoretical critiques is that the mistrust of police among communities of color results from maltreatment, illegitimacy and marginalization from the law and its enforcers. Remedies have included police training to encourage treating people with dignity, investing in body cameras and other technology, providing legal avenues to encourage constitutional action by police, and creating …

Kelly Laws, An Individual, Petitioner Below And Appellant And Cross Appellee On Appeal, Vs. Willie Grayeyes, An Individual, Respondent Below And Appellee And Cross-Appellant On Appeal. : Reply Brief Of Appellee/Cross-Appellant, Willie Grayeyes, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On appeal from the Seventh Judicial District CourtThe Honorable Don M. TorgersonNo. 180700016

Holly Rebecca Rosser, Petitioner, V. Ronald Lee Rosser, Respondent. : Petitioner's Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

ON WRIT OF CERTIORARI TO THEUTAH COURT OF APPEALSNo. 20170736-CA

Appeal from a Final Judgment of the Sixth Judicial District Court in and for Garfield County, Panguitch Department The Honorable Paul D. Lyman PresidingNo. 154600013

State Of Utah, Plaintiff And Appellee, V. Keith Scott Brown, Defendant/Appellant. : Reply Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Reply Brief of Appellant

Appeal from Order Denying Motion to Reinstate Defendant’s Right to
Appeal with Commensurate Right to Effective Assistance of Counsel
Fourth Judicial District, Provo Division,
the Honorable Christine Johnson presiding

Oral Argument Requested

Defendant is Currently Incarcerated

Jacob M. Scott, Plaintiff/ Appellant, V. Wingate Wilderness Therapy, Llc, Defendant/ Appellee. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Review of a Certified Question from theUnited States Tenth Circuit Court of Appeals, Case No. 19-4052