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Tiffany Bingham, Appellant V. George C. Gourley, D.O.. Mckay L. Platt, M.D., And Does I-X. Appellees. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On Appeal from the Fourth Judicial District Court, Utah County Case No. 200401253, Judges Darold McDade and Sean Petersen

Brian P. Miller, Andrew L. Roth, Benjamin K. Lusty, Cami R. Schiel, Attorneys for Appellee, Kirk G. Gibbs, Attorneys for Appellee McKay L. Platt, M.D.

Stephen K. Christiansen, Kathleen M. Liuzzi, Joshua B. Cutler, M. Kelton Gardner, Attorneys for Appellant Tiffany Bingham

Brigham City Corporation, Third-Party Defendant / Appellant, V. Paul B. Bywater, Third-Party Plaintiff / Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

No abstract provided.

Jane Does H.P, Plaintiffs/ Appellants V. David H. Broadbent, M.D.; Intermountain Healthcare : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Appeal from the Fourth Judicial District Court, Utah County The Honorable Robert C. Lunnun District Court Case No. 220400226

Terrence L. Rooney, Jefferson W. Gross, J. Adam Sorenson, Attorneys for Plaintiffs-Appellants, Karra J. Porter, Rebecca L. Hill, Anna P. Christiansen, Christian W. Nelson, Cortney Kochevar, Sean C. Miller, Kristina H. Reudas, Attorneys for Defendant-Appellee David H. Broadbent, M.D., Eric P. Schoonveld, Tawni J. Anderson, Tucker F. Levis, Attorneys for Defendant-Appellee HCA Healthcare, Inc., dba MountainStar Healthcare, David J. Jordan, Jordan C. Bledsoe, Kelsey C. Boehm, Attorneys for Defendant-Appellee Intermountain Healthcare, Inc. dba Utah Valley Hospital

Annika Boone Barkdull, Counsel for …

Brigham City Corporation, Third-Party Defendant / Appellant, V. Paul B. Bywater, Third-Party Plaintiff / Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the First Judicial District Court, Box Elder County, Honorable Judge Brandon J. Maynard, Case No. 170100040

Jack Molgard, Malone Molgard, Kenneth Allsop, Attorneys for Appellee Paul B. Bywater

Matthew D. Church, Taylor P. Kordsiemon, Carson M. Fuller, Attorneys for Appellant Brigham City

The State Of Utah, Plaintiff/Appellee V. Taniela Salakielu, Defendant/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

An appeal from an order denying Defendant's motion to quash the bindover from the preliminary hearing, in the Third Judicial District Court, Salt Lake County, State of Utah, the Honorable Mark Kouris, presiding. Appellant is incarcerated

SEAN D. REYES, Attorney for Appellee

SARAH J. CARLQUIST, Attorney for Appellant

The Local Pages Of Nevada, Llc, Plaintiff/Appellant V. Plumb Line Mechanical, Inc., Defendant/Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third Judicial District Court, Salt Lake County, State of Utah Honorable Laura Scott, District Court Judge, Case No. 190901187

Jordan K. Cameron, Attorneys for Appellee

D. Scott Crook, Attorney for Appellant

440 North Sf, Llc, Plaintiff And Appellant, V. Vista Heights Investments, Llc,, And Sii Megadiamond, Inc., Defendants And Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fourth Judicial District Court of Utah County The Honorable Robert Lund, Case No. 210400480

Spencer MacDonald, Attorneys for Appellant

James K. Tracy, Joshua L. Lee, Steve Lundwall, Attorneys for Defendants and Appellees

440 North Sf, Llc, Plaintiff And Appellant, V. Vista Heights Investments, Llc,, And Sii Megadiamond, Inc., Defendants And Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fourth Judicial District Court of Utah County The Honorable Robert Lund, Case No. 210400480

Spencer MacDonald, Attorneys for Appellant

James K. Tracy, Joshua L. Lee, Steve Lundwall, Attorneys for Defendants and Appellees

John Dinsdale Hillam, Appellee V. Tara Hillam, Appellant., V. Dustin Hancock As Investment Trustee, Et Al : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Second Judicial District Court, Davis County, Honorable David J. Williams, Case No. 174700031

Julie J. Nelson, Attorneys for Appellee John Hillam, Stacy J. McNeill, Joshua L. Lee, Attorneys for Trust Appellees

Bart J. Johnsen, Alan S. Mouritsen, Attorneys for Appellant Loveland

Aaron L. Sampson, Plaintiff / Appellant V. Hb Boys, Llc, Defendant / 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, Utah, Case No. 210900310 CR, the Honorable Robert Faust

Robert L. Janicki, Michael L. Ford, Thomas M. Alldridge, Attorneys for Defendant / Appellee HB Boys LC

Gregory W. Stevens, Attorney for Plaintiff / Appellant Aaron A. Sampson

Robert Wakefield, Plaintiff/ Appellant V. David A. Gutzman, Defendant/ Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fourth Judicial District Court, Utah County Honorable Robert A. Lund, District Court No. 150400386

EMILY ADAMS , SARA PFROMMER, FREYJA JOHNSON , Attorneys for Appellant Robert Wakefield

TAWNI J. ANDERSON, TUCKER F. LEVIS, Attorneys for David A. Gutzman

Jane Does 1-100, Plaintiffs/Appellants V. David H. Broadbent, M.D.; Intermountain Healthcare : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

ON APPEAL FROM THE FOURTH JUDICIAL DISTRICT COURT THE HONORABLE ROBERT C. LUNNEN

Karra J. Porter, Rebecca L. Hill, Anna P. Christiansen, Christian W. Nelson, Cortney Kochevar, Sean C. Miller, Kristina H. Ruedas, Attorneys for Defendant/Appellee David H. Broadbent, M.D., Eric P. Schoonveld, Tawni J. Anderson, Tucker F. Levis, Attorneys for Defendant/Appellee HСА Healthcare, Inc., dba Mountain Star Healthcare

Terence L. Rooney, Jefferson W. Gross, J. Adam Sorenson, Attorneys for Plaintiffs/Appellants

Sports Medicine Research And Testing Laboratory, Petitioner V. Board Of Equalization Of Salt Lake County, State Of Utah, And Utah State Tax Commission, Respondents : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On Petition for Review of Final Decision of the Utah State Tax Commission

Erin Middleton, Michelle Lombardi, Bradley C. Johnson, Timothy A. Bodily, Attorneys for Respondent

Samuel A. Lambert, Bruce Olson, Attorneys for Sports Medicine Research and Testing Laboratory

Norm C. Mayhew, Petitioner / Appellant V. Utah Labor Commission, Darrell W. Anderson Construction, Inc, And/Or Workers Compensation Fund, Respondents / Appellees : Brief Of Respondents, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Brief of Respondents Darrell W. Anderson Construction Inc. and WCF Mutual Insurance Company

Michael Gary Belnap, Virginius Dabney, Stony V. Olsen, Attorneys for Petitioner/Appellant Gordon Mark Stone

Michele L. Halstenrud, Hans Scheffler, Attorneys for Respondents/Appellees Darrell W. Anderson Construction Inc. and WCF Mutual Insurance Company, Christopher T. Hill, Attorney for Respondent/Appellee Utah Labor Commission

Erda Community Association, Inc,; Ryan Sorensen; Kalem Sessions; And Denise Moddy-Martin, Appellants, V. Grantsville City Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Tooele County, Honorable Teresa Welch, District Court No. 200301207

Robert Keller, Nathanael Mitchell, Brett Coombs, Attorneys for Appellee

Janet M. Conway, Attorney for Appellants

Alexis Doutre, Appellant, V. Box Elder County; Brigham City; Union Pacific Railroad Company; And Utah Department Of Transportation, Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Weber County, Honorable Noel S. Hyde, District Court No. 180906306

Susan Black Dunn, Attorney for Appellee Box Elder County, Matthew D. Church, Attorney for Appellee Brigham City

Troy L. Booher, Beth E. Kennedy, Taylor P. Webb, Attorneys for Appellant Alexis Doutre

Erda Community Association, Inc. Ryan Sorensen; Kalem Sessions; And Denise Moody-Martin. Appellants V. Grantsville City, Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Tooele County, Honorable Teresa Welch, District Court No. 200301207

Robert Keller, Brett Coombs, Attorneys for Appellee

Janet M. Conway, Attorney for Appellants

Brittany Lee Elder, Appellee V. Matt Blake Elder, Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court,

Steven Tycksen, Attorneys for Appellee Brittany Lee Elder

Julie J. Nelson, Jaclyn Robertson, Attorneys for Appellant Matt Blake Elder

The Trouble With Time Served, Kimberly Kessler Ferzan

BYU Law Review

Every jurisdiction in the United States gives criminal defendants "credit" against their sentence for the time they spend detained pretrial. In a world of mass incarceration and overcriminalization that disproportionately impacts people of color, this practice appears to be a welcome mechanism for mercy and justice. In fact, how ever, crediting detainees for time served is perverse. It harms the innocent. A defendant who is found not guilty, or whose case is dismissed, gets nothing. Crediting time served also allows the state to avoid internalizing the full costs of pretrial detention, thereby making overinclusive detention standards less expensive. Finally, crediting …

2023 Byu Law Review Masthead

BYU Law Review

No abstract provided.

Byu Law Review Subscription Information

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

Interested Voting, Matteo Gatti

BYU Law Review

Corporate law is attentive to transactions with a controlling shareholder, but such transactions hardly cover all instances in which an interested shareholder may harm the corporation by casting a pivotal vote to pass a resolution. Interested votes cast by directors, managers, acquirers, cross-holders, arbitrageurs, institutional investors, hedge funds, and several other actors can be as detrimental as votes by a controlling shareholder. Yet, despite the ever growing influence of shareholders in corporate governance, interested voting has received scant attention.

This Article is the first to offer a systematic mapping of interested voting based on type of shareholder and type of …

A Basic Needs Baseline For Distributional Analysis, Ari Glogower

BYU Law Review

Studies of income inequality and the distributive effects of taxes and government spending drive debates over progressive fiscal reform and economic justice. These distributional studies provide vital information on inequality in market outcomes and how government policies mitigate these disparities.

Despite its critical importance, however, distributional analysis encounters inevitable and familiar limitations. These studies face practical challenges in measuring income and the distributional impacts of government policies. Distributional analysis also faces inherent complications in seeking to distinguish between the effects of the market and the government.

Even if distributional analysis could precisely measure income and the effects of government policies, …

Searches Without Suspicion: Avoiding A Four Million Person Underclass, Tonja Jacobi, Addie Maguire

BYU Law Review

In Samson v. California, the Supreme Court upheld warrantless, suspicionless searches for parolees. That determination was controversial both because suspicionless searches are, by definition, anathema to the Fourth Amendment, and because they arguably undermine parolees’ rehabilitation. Less attention has been given to the fact that the implications of the case were not limited to parolees. The opinion in Samson included half a sentence of dicta that seemingly swept probationers into its analysis, implicating the rights of millions of additional people in the United States. Not only is analogizing parolees and probationers not logically sound because the two groups differ in …

The Federalist And The Fourteenth Amendment — Publius In Antebellum Public Debate 1788–1860, Kurt T. Lash

BYU Law Review

No abstract provided.

The Unconstitutional Assertion Of Inherent Powers In Multidistrict Litigations, Robert J. Pushaw, Charles Silver

BYU Law Review

This Article examines the constitutional basis of the federal courts’ independent exercise of “inherent powers” (IPs) that Congress has not specifically authorized. Our analysis illuminates the grave constitutional problems raised by the freewheeling assertion of IPs in multidistrict litigations (MDLs), which comprise over half of all pending federal cases.

The Supreme Court has rhetorically acknowledged that the Constitution allows resort to IPs only when doing so is absolutely necessary to enable Article III courts to exercise their “judicial power,” but has then sustained virtually all exercises of IP, whether essential or not. The Court’s excessive deference has emboldened trial judges …

Publius’S Protectors Of Liberty: A Still Important Role For States, Adam Reed Moore

BYU Law Review

No abstract provided.

2023 Byu Law Review Masthead

BYU Law Review

No abstract provided.

Byu Law Review Subscription Information

BYU Law Review

No abstract provided.