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North Park Holdings, Llc Appellant V. Duke Rental Co, Llc, Appellee : Brief Of Appellant, Utah Court Of Appeals Mar 2024

North Park Holdings, Llc Appellant V. Duke Rental Co, Llc, Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE FIRST JUDICIAL DISTRICT COURT CACHE COUNTY, STATE OF UTAH HONORABLE SPENCER WALSH

Matthew N. Evans, Attorneys for Appellee

Joseph M. Chambers, Attorneys for Appellant


Tamara Lee Powell, Appellant V. Dean Deloy Powell, Appellee : Brief Of Appellant, Utah Court Of Appeals Mar 2024

Tamara Lee Powell, Appellant V. Dean Deloy Powell, Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a Judgment of the Third Judicial District Court Salt Lake County, Honorable Mark Kouris

Dennis R. James, Attorney for Appellant

David Corbett, Attorney for Appellee


Afsanteen, Llc, A Utah Limited Liability Company Plaintiffs/ Appelants V. Michael Mansfield, An Individual; David R. Salo, An Individual; Joseph E. Monson, Jr., An Individual; Smart Tech Development, Llc, A Wyoming Limited Liability Company; And John Does 1-50 Defendants/ Appellees : Brief Of Appellant, Utah Court Of Appeals Mar 2024

Afsanteen, Llc, A Utah Limited Liability Company Plaintiffs/ Appelants V. Michael Mansfield, An Individual; David R. Salo, An Individual; Joseph E. Monson, Jr., An Individual; Smart Tech Development, Llc, A Wyoming Limited Liability Company; And John Does 1-50 Defendants/ Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

BRIEF OF APPELLANT ON APPEAL FROM SUMMARY JUDGMENT ENTERED BY THE HONORABLE DEREK

Sean N. Egan, Attorney for Defendants, Nate D. Ashcraft, Denver C. Snuffer, William T. Jennings

DAVID DRAKE, Attorneys for Afsanteen, L.L.C


State Of Utah, Plaintiff And Appellee V. Roy Benjamin Levering, Defendant And Appellant : Brief Of Appellant, Utah Court Of Appeals Mar 2024

State Of Utah, Plaintiff And Appellee V. Roy Benjamin Levering, Defendant And Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM A FINAL SENTENCE, JUDGMENT AND COMMITMENT ENTERED BY THE HONORABLE JUDGE JEFFREY C WILCOX, FIFTH JUDICIAL DISTRICT COURT IN AND FOR WASHINGTON COUNTY, STATE OF UTAH

K. ANDREW FITZGERALD, Attorney for Appellant


Lisa Miner, Petitioner/ Appellee V. John Miner, Respondent/ Appellant : Brief Of Appellee, Utah Court Of Appeals Mar 2024

Lisa Miner, Petitioner/ Appellee V. John Miner, Respondent/ Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fifth Judicial District Court, Washington County, Honorable Jeffrey C. Wilcox, District Court No. 174500373

Rodney R. Parker, Attorney for Appellant

N. Adam Caldwell, G. Michael Westfall, Attorneys for Appellee


Luis Sanchez, Petitioner/ Appellant V. State Of Utah, Respondent/ Appellee : Brief Of Appellee, Utah Court Of Appeals Mar 2024

Luis Sanchez, Petitioner/ Appellant V. State Of Utah, Respondent/ Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPELLEE’S RULE 10(c) PRINCIPAL MEMORANDUM IN SUPPORT OF AFFIRMATION

SIM GILL, ETHAN RAMPTON,


State Of Utah, Plaintiff/ Appellee V. Eddie Michael Clegg, Defendant/ Appellant : Brief Of Appellee, Utah Court Of Appeals Mar 2024

State Of Utah, Plaintiff/ Appellee V. Eddie Michael Clegg, Defendant/ Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

BRIEF OF THE APPELLEE On Appeal from the Second Judicial District Court, Weber County, Honorable Joseph M. Bean, Court No. 211903061

Christopher F. Allred, Steven A. Lee, Attorneys for Respondent/ Appellee State of Utah

Emily Adams, Freyja Johnson, Attorneys for Defendant/Appellant


State Of Utah Plaintiff/ Appellee V. Gregory Joseph Cover Defendant/ Appellant : Brief Of Appellee, Utah Court Of Appeals Mar 2024

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

Utah Court of Appeals Briefs (2020 –)

Appeal from a conviction for child abuse, a class A misdemeanor, in the Third Judicial District, Summit County, the Honorable Richard Mrazik presiding

NICOLAS C. WILDE, Counsel for Appellant

MARIAN DECKER, SEAN D. REYES, JOSEPH HILL, Counsel for Appellee


Rebeca Boza Arauz V. Juan Carlos Quiquivix Oroczo : Brief Of Appellant, Utah Court Of Appeals Mar 2024

Rebeca Boza Arauz V. Juan Carlos Quiquivix Oroczo : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

No abstract provided.


State Of Utah, Plaintiff/ Appellee V. Celestine Anastacia Torstenson, Defendant/ Appellant : Brief Of Appellant, Utah Court Of Appeals Mar 2024

State Of Utah, Plaintiff/ Appellee V. Celestine Anastacia Torstenson, Defendant/ Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Weber County, Honorable Judge Bean, District Court No. 221902529

Sean Reyes, Counsel for Appellee

Freyja Johnson, Hannah Leavitt-Howell, Anna Grigsby, Counsel for Appellant


David Freestone And Janet Freestone Plaintiffs/ Appellants V. Corey Walton And Heather N. Walton Defendants/ Appellees : Brief Of Appellant, Utah Court Of Appeals Mar 2024

David Freestone And Janet Freestone Plaintiffs/ Appellants V. Corey Walton And Heather N. Walton Defendants/ Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE SECOND JUDICIAL DISTRICT COURT IN AND FOR WEBER COUNTY, STATE OF UTAH, FROM AN ORDER WHICH GRANTED SUMMARY JUDGMENT IN FAVOR OF THE DEFENDANTS/APPELLEES, BEFORE THE HONORABLE JOSEPH BEAN CIVIL NO. 210901418

Russell A. Cline, Attorneys for Appellees/Defendants

Brett D. Cragun, Attorneys for Appellants/Plaintiffs


Sandra Lee Carlson Appellee V. Patrick Alfred Carlson : Brief Of Appellee, Utah Court Of Appeals Feb 2024

Sandra Lee Carlson Appellee V. Patrick Alfred Carlson : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal Of Final Orders in Divorce Decree Second District Court Weber County, State of Utah Honorable Noel S. Hyde

Trevor Casperson, Patrick Carlson (Appellant)

Sandra Lee Carlson (Appellee),


Sports Medicine Research And Testing Laboratory, Petitioner V. Board Of Equalization Of Salt Lake County, State Of Utah, And Utah State Tax Commission, Respondents., Utah Supreme Court Feb 2024

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

Utah Supreme Court Briefs (2021– )

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

Erin Middleton Assistant Solicitor General Michelle Lombardi Assistant Attorney General Attorneys for Respondent Utah State Tax Commission Bradley C. Johnson Timothy A. Bodily Deputy District Attorneys Attorneys for Respondent Board of Equalization of Salt Lake County

Samuel A. Lambert (11915) Bruce Olson (2468) RAY QUINNEY & NEBEKER P.C. Attorneys for Sports Medicine Research and Testing Laboratory


Ukraine, Urban Warfare, And Obstacles To Humanitarian Access: A Predicament Of Public International Law, Harriet Norcross Eppel Jan 2024

Ukraine, Urban Warfare, And Obstacles To Humanitarian Access: A Predicament Of Public International Law, Harriet Norcross Eppel

BYU Law Review

Humanitarian assistance is not carried out in a vacuum. As urban warfare historically complicates humanitarian aid’s access to civilians in war zones, Ukraine, having suffered and still facing highly publicized violence in civilian-dense areas, has encountered dire obstacles in acquiring necessary resources for civilians’ survival, including both direct and incidental attacks on humanitarian access. Thus, it is vital the international legal community take measures to mitigate current and future dangers of urban warfare, as well as design new solutions, such as strengthening current international law under which obstructing humanitarian access constitutes a violation of jus cogens principles, attempting to induce …


The Market For Bankruptcy Courts: A Case For Regulation, Not Obliteration, Brook E. Gotberg Jan 2024

The Market For Bankruptcy Courts: A Case For Regulation, Not Obliteration, Brook E. Gotberg

BYU Law Review

Large corporate debtors typically file for bankruptcy only after conducting a thorough analysis as to the most favorable venue for the case. Recent legislation has proposed to severely limit all corporate debtors’ ability to select bankruptcy venue. The messaging behind calls for venue reform is outwardly altruistic: it is said to be necessary to facilitate access to justice and to prevent abuse of the system. However, the push for venue reform is largely driven by professional envy and a distrust of specific judges based on unpopular high-profile rulings. Placing new constraints on the ability to choose venue will not achieve …


Full Issue Jan 2024

Full Issue

BYU Law Review

No abstract provided.


Valuing Esg, Aneil Kovvali, Yair Listokin Jan 2024

Valuing Esg, Aneil Kovvali, Yair Listokin

BYU Law Review

Corporate environmental, social, and governance (ESG) commitments promise to make capitalism better. Unfortunately, ESG has become a hotbed of hype and controversy. The core problem is that ESG mixes vague environmental and social goals with a profit maximization goal and does not provide a framework for resolving the conflicts that exist between them. The result is confusion that invites deception and cynicism. This Article proposes a mechanism for resolving conflicts between goals by translating them into the common language of money. Once nonpecuniary environmental or social goals are translated into dollar values, they can provide clear and actionable guidance for …


War And Ip, Peter K. Yu Jan 2024

War And Ip, Peter K. Yu

BYU Law Review

This Article examines wartime and postwar protection of intellectual property rights, with a focus on the Russo-Ukrainian War that broke out in February 2022. It begins by showing that armed conflicts are not new to the international intellectual property regime and that this regime already contains robust structural features and carefully drafted safeguards, limitations, and flexibilities to protect intellectual property rights holders during wartime. The Article then explores the international intellectual property obligations of countries that are parties to an armed conflict as well as those that are not directly involved but have imposed sanctions on belligerent states. This Article …


Garrity Immunity And The U.S. Armed Forces, Bretton H. Laudeman, Gabriel J. Chin Jan 2024

Garrity Immunity And The U.S. Armed Forces, Bretton H. Laudeman, Gabriel J. Chin

BYU Law Review

The U.S. military is one of the nation’s largest and most important public employers. Given the unique nature of military service, the service branches have a strong interest in ensuring the integrity of their ranks. Yet the military lacks a critical force-management tool used by every other public employer to investigate workplace misconduct: the ability to demand answers to potentially incriminating questions under Garrity v. New Jersey, 385 U.S. 493 (1967). The Garrity solution, known as “Garrity immunity,” strikes a critical balance between the government’s interests in workplace oversight and accountability with the employee’s Fifth Amendment right against self-incrimination by …


Amber Montgomery, An Individual, Appellant/ Cross-Appellee V. Dr. Jeffrey P. Gardiner, D.O., An Individual, And Utah Valley Eye Center, Inc., A Utah Corporation, Appellees/ Cross-Appellants : Brief Of Appellant, Utah Court Of Appeals Jan 2024

Amber Montgomery, An Individual, Appellant/ Cross-Appellee V. Dr. Jeffrey P. Gardiner, D.O., An Individual, And Utah Valley Eye Center, Inc., A Utah Corporation, Appellees/ Cross-Appellants : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a Final Order and Judgment of the Fourth Judicial District Court in and for Utah County, State of Utah Trial Judge Robert Lund

ATTORNEYS FOR APPELLANT, Justin D. Heideman, Justin R. Elswick

ATTORNEYS FOR APPELLEES, Kirk G. Gibbs, Gary T. Wight


State Of Utah Plaintiff/ Appellee V. Alan Dudley Hamberlin Defendant/ Appellant : Brief Of Appellant, Utah Court Of Appeals Jan 2024

State Of Utah Plaintiff/ Appellee V. Alan Dudley Hamberlin Defendant/ Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Sixth Judicial District Court, Kane County, Honorable Mandy Larsen, District Court No. 211600067

Sean Reyes, Counsel for Appellee

Freyja Johnson, Rachel Phillips Ainscough, Counsel for Appellant


Vicki Jo Nelson Appellee/ Petitioner V. James Q. Nelson Appellant/ Respondent : Brief Of Appellee, Utah Court Of Appeals Jan 2024

Vicki Jo Nelson Appellee/ Petitioner V. James Q. Nelson Appellant/ Respondent : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Patrick Corum, District Court No. 214905299

Douglas B. Thayer, David B. Nielson, Jessica Griffin Anderson, Attorneys for James Q. Nelson

Jonathan Good, Attorney for Appellee Vicki Jo Nelson


Manuel Lopez, Petitioner/Appellant, V. Orwell Precast; Workers Compensation Fund,Respondents/Appellees, Utah Court Of Appeals Jan 2024

Manuel Lopez, Petitioner/Appellant, V. Orwell Precast; Workers Compensation Fund,Respondents/Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

REPLY BRIEF OF APPELLANT Appeal From Labor Commission - Appeals Board


State Of Utah, Plaintiff And Appellee, V. Donald Dee Anderson, Defendant And Appellant.: Brief Of Appellee Jan 2024

State Of Utah, Plaintiff And Appellee, V. Donald Dee Anderson, Defendant And Appellant.: Brief Of Appellee

Utah Appeals Court Briefs

Brief of Appellee Appeal from a judgment of conviction on one count of Possession of an Explosive Device, a second-degree felony, in the Second Judicial District, Davis County, the Honorable Michael S. Edwards, presiding


Scott Patterson, Petitioner–Appellant V. State Of Utah, Respondent–Appellee: Brief Of Appellant Jan 2024

Scott Patterson, Petitioner–Appellant V. State Of Utah, Respondent–Appellee: Brief Of Appellant

Utah Appeals Court Briefs

Appeal from final judgment denying postconviction relief, in the Second Judicial District, Davis County, the Honorable Rita Cornish presiding


The Utah Court Of Appeals Cherish Krueger And Kyle Thompson, Appellants, V. Seed Capital Investments Llc, Wasatch Realty Llc, Heidi Stapel, And David Stapel, Appellees: Reply Brief Of Appellants Jan 2024

The Utah Court Of Appeals Cherish Krueger And Kyle Thompson, Appellants, V. Seed Capital Investments Llc, Wasatch Realty Llc, Heidi Stapel, And David Stapel, Appellees: Reply Brief Of Appellants

Utah Appeals Court Briefs

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Matthew Bates


Scott Patterson, Petitioner–Appellant V. State Of Utah, Respondent–Appellee: Brief Of Appellee Jan 2024

Scott Patterson, Petitioner–Appellant V. State Of Utah, Respondent–Appellee: Brief Of Appellee

Utah Appeals Court Briefs

Appeal from final judgment denying postconviction relief, in the Second Judicial District, Davis County, the Honorable Rita Cornish presiding


The Utah Court Of Appeals Cherish Krueger And Kyle Thompson, Appellants, V. Seed Capital Investments Llc, Wasatch Realty Llc, Heidi Stapel, And David Stapel, Appellees: Principal Brief Of Appellants Jan 2024

The Utah Court Of Appeals Cherish Krueger And Kyle Thompson, Appellants, V. Seed Capital Investments Llc, Wasatch Realty Llc, Heidi Stapel, And David Stapel, Appellees: Principal Brief Of Appellants

Utah Appeals Court Briefs

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Matthew Bates


The State Of Utah, Plaintiff/Appellee V. Levon Garo Meguerditchian, Defendant/Appellant: Brief Of Appellee Jan 2024

The State Of Utah, Plaintiff/Appellee V. Levon Garo Meguerditchian, Defendant/Appellant: Brief Of Appellee

Utah Appeals Court Briefs

Appeal from convictions for murder and aggravated kidnapping, first -degree felonies; and other felonies, in the Third Judicial District, Salt Lake County, the Honorable Elizabeth A. Hruby-Mills presiding


The State Of Utah, Plaintiff/Appellee V. Levon Garo Meguerditchian, Defendant/Appellant: Brief Of Appellant Jan 2024

The State Of Utah, Plaintiff/Appellee V. Levon Garo Meguerditchian, Defendant/Appellant: Brief Of Appellant

Utah Appeals Court Briefs

An appeal from a judgment of conviction of murder, a first-degree felony; aggravated kidnapping, a first-degree felony; four counts of unlawful detention, third-degree felonies; obstructing justice, a second-degree felony; and felony discharge of a firearm, a third-degree felony; in the Third Judicial District Court, Salt Lake County, State of Utah, the Honorable Elizabeth A. Hruby-Mills, presiding.