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Sugarmont, Llc, Appellant / Plaintiff V. Ascent Construction, Inc., Appellee / Defendant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third Judicial District Court, County of Salt Lake, State of Utah Honorable Kent Holmberg, Case No. 190908188

Darrel J. Bostwick ( 4543) Jonathan Rudd Ryan Rudd Meagan Rudd Bruce M. Pritchett Nick Nielsen Attorneys for Appellee, Ascent

James E. Magleby (7247) Jennifer Fraser Parrish Adam Alba Matthew B. McCune Attorneys for Appellant, Sugarmont, LLC

Misty Hitesman, Plaintiff/ Appellant V. The University Of Utah, Defendant/ Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a grant of Summary Judgment to the University of Utah, In the Third Judicial District Court, Salt Lake County, the Honorable Mark Kouris, presiding. PUBLIC

Mary J. Woodhead Attorney (5518) Counsel for Appellant

Cliff Petersen Jaqualin Friend Peterson Assistant Attorney General Counsel for Appellee

State Of Utah, Appellee V. Udell Mikkelsen, Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a probation-revocation order imposing sentence for unlawful acquisition, possession, or transfer of a financial­ transaction card, in the Seventh Judicial District, Emery County, the Honorable George M. Harmond presiding

K. ANDREW FITZGERALD, Counsel for Appellant

JONATHAN S. BAUER, SEAN D. REYES, WILLIAM B. LANGSTON, Counsel for Appellee •

The State Of Utah, Plaintiff/ Appellee V. Dylan James Kitzmiller, Defendant Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from convictions for two counts of child abuse, second-degree felonies, in the Third Judicial District, Salt Lake County, the Honorable William K. Kendall presiding

WENDY M. BROWN, Counsel for Appellant

WILLIAM M. HAINS, SEAN D. REYES, KIMBERLY CRANDALL, SAMUEL P. SUTTON, Counsel for Appellee

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

Utah Court of Appeals Briefs (2020 –)

Appeal From First District Court - Hon. Brian Cannell

Roger H. , Attorney for Plaintif.f/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. I 80400540

David 0. Black Attorney for Petitioner/ Appellant

Terence L. Rooney Attorney for Defendant/ Appellee

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

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 Division, Honorable William K. Kendall, District Court No. 1700904217

Joann Shields (4664), SHIELDS LAW FIRM, P .C., Attorneys for Defendant/Appellee Seven Peaks Waterpark SLC, Inc.

Sara Pfrommer (9366), LAW OFFICES OF SARA PFROMMER, Ron D. Wilkinson (5558), HERITAGE LAW OFFICES, Attorneys for Plaintiffs/Appellants Margie and Ron Stevens

Sara Ward, Appellant V. Meredith Mcgarry, Appellee : Brief Of Appellant, 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, Attorney for Appellant

Martin N. Olsen, Attorney for Appellee

Richard E. Gardiner Plaintiff/Appellant V. Nels Anderson Defendant/Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the District Court Of The Fourth Judicial District Of The State Of Utah, In And For The County Of Millard

Marlin J. Grant (#4581), Attorney for Appellee

Todd F. Anderson (#12432), Attorney for Appellant

Walker Et Al. V. Zeus Land Holdings, Llc, Jupiter Land 1, Llc, And Titan Land Holdings, Llc : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third Judicial District Court, Salt Lake County, from the judgment before the Honorable James Gardner.

E. Barney Gesas THE LAW OFFICE OF E. BARNEY GESAS,LLC Richard Burbidge Carolyn LeDuc BURBIDGE I MITCHELL Counsel for Defendants/Appellees

Russell S. Walker PEARSON BUTLER, PLLC Counsel for Plaintiffs/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 : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

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

Joann Shields, Attorneys for Defendant/Appellee

Sara Pfrommer, Ron D. Wilkinson, Attorneys for Plaintiffs/Appellants

John Duran Petitioner-Appellant V. Utah Department Of Public Safety, Jess L. Anderson, Bureau Of Criminal Identification, And Lauralee Blue, Respondents-Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from a final judgment of the Third Judicial District Court, Civil Case No. 220906743, Judge Teresa Welch presiding

Steve Geary, Richard Jorgensen, Sean D. Reyes, Counsel for Respondents-Appellees Utah Department of Public Safety, Jess L. Anderson, Commissioner, Bureau of Criminal Identification, and Lauralee Blue

State Of Utah, Plaintiff/ Appellee V. Joseph Moore, Defendant/ Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Weber County, Honorable Jennifer Valencia , District Court No. 181900315

CHRISTOPHER BALLARD Assistant Solicitor General SEAN REYES Utah Attorney General Counsel for Appellee

CHERISE BACALSKI (15084) EMILY ADAMS (14937) The Appellate Group Counsel for Appellant

2019-2020 Byu Law Review Masthead

BYU Law Review

No abstract provided.

Byu Law Review Subscription Information

BYU Law Review

No abstract provided.

Forward: State Enforcement In An Interstate World, Margaret H. Lemos

BYU Law Review

“State Enforcement in an Interstate World” is an important topic—fully deserving of all the attention it has received. Past commentators on this topic have generally treated the federal government as a unitary entity. Building on prior work on the subject, this Article explores the polycentric nature of federal regulatory authority and shows how cooperation and rivalry have long been dominant realities of the modern administrative state. The Article discusses how these dynamics complicate analysis of state enforcement in an interstate world and identifies strategies for reducing the frequency and magnitude of the seemingly inevitable conflicts.

State Enforcement In A Polycentric World, David A. Hyman, William E. Kovacic

BYU Law Review

No abstract provided.

Class Actions, Jurisdiction, And Principle In Doctrinal Design, David Marcus, Will Ostrander

BYU Law Review

No abstract provided.

A State Is A “They,” Not An “It”: Intrastate Conflicts In Multistate Challenges To The Affordable Care Act, Anthony Johnstone

BYU Law Review

No abstract provided.

The (Surprisingly) Prevalent Role Of States In An Era Of Federalized Class Actions, Linda S. Mullenix

BYU Law Review

In enacting the Class Action Fairness Act of 2005 (CAFA), Congress intended to expand access to the federal courts for interstate class actions by creating minimal diversity and removal jurisdiction. In Section 2 of the Act, “Findings and Purposes,” Congress stated that class action abuses undermined “the concept of diversity jurisdiction as intended by the Framers of the United States Constitution” in that state courts kept cases of national importance out of federal court and sometimes demonstrated bias against out-of-state defendants. Congress stated that a purpose of CAFA was to “restore the intent of the framers of the United States …

2019-2020 Byu Law Review Masthead

BYU Law Review

No abstract provided.

Byu Law Review Subscription Information

BYU Law Review

No abstract provided.

Owning Nothingness: Between The Legal And The Social Norms Of The Art World, Guy A. Rub

BYU Law Review

Almost $8 million—that is what the Crystal Bridges Museum paid for one work of contemporary art in November 2015. What did that museum get for that hefty sum? From a legal perspective, absolutely nothing. The work it purchased was just an idea, and ideas of this kind escape legal protection.

Despite this lack of legal protection, the social norms of the art world lead large, sophisticated, experienced, and legally represented institutes to pay millions of dollars for this type of work. This Article is one of the first in legal scholarship to examine at depth those norms in this multibilliondollar …

Reputation Systems Bias In The Platform Workplace, E. Gary Spitko

BYU Law Review

Online reputation systems enable the providers and consumers of a product or service to rate one another and allow others to rely upon those reputation scores in deciding whether to engage with a particular provider or consumer. Reputation systems are an intrinsic feature of the platform workplace, in which a platform operator, such as Uber or TaskRabbit, intermediates between the provider of a service and the consumer of that service. Operators typically rely upon consumer ratings of providers in rewarding and penalizing providers. Thus, these reputation systems allow an operator to achieve enormous scale while maintaining quality control and user …

The California Coastal Commission’S Efforts To Provide Affordable Overnight Accommodations By Preempting Cities’ Constitutional Police Power, Taylor Smith

BYU Law Review

No abstract provided.

Corpus Linguistics And Gun Control: Why Heller Is Wrong, Kyra Babcock Woods

BYU Law Review

No abstract provided.

It’S Whose Party? Accurately Defining Political Parties In First Amendment Cases, Makade Claypool

BYU Law Review

No abstract provided.

Freight Tec Management Group, Inc. A Utah Corporation, Appellee V. Chemex, Inc., A Pennsylvania, Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM JUDGMENT AND ORDERS AGAINST CHEMEX, INC. ENTERED BY JUDGE DAVID J. WILLIAMS UTAH SECOND DISTRICT COURT FOR DAVIS COUNTY

Brennan H. Moss ARMSTRONG TEASDALE LLP Attorneys for Appellant

Stevan R. Baxter Chase B. Ames SKOUBYE NIELSON & JOHANSEN, LLC Attorneys for Appellee

Macy's Southtowne Center; Appellants/Petitioner V. Labor Commission And Diahann T. Jensen : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Utah Labor Commission's Order Denying Request for Reconsideration, entered on March 27, 2020

Christopher C. Hill, Attorney for Appellee Utah Labor, Loren M . Lambert, Attorney for Appellee Diahann T. Jensen

Theodore E. Kanell, Daniel E. Young, Attorneys for Appellant Macy's Southtowne Center