Digital Commons Network^™

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

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 : 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

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

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

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.

Medical Disputes And Conflicting Values: Is There A “Right To Die” Later?, Janet L. Dolgin

BYU Law Review

No abstract provided.

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 …

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

Utah Court of Appeals Briefs (2020 –)

Appeal from the Labor Commission of Utah

Tracy Olson, Esq. SMART SCHOFIELD SHORTER, P.C. Attorney for Appellee Viliami Pulu Christopher T. Hill, Esq. UTAH LABOR COMMISSION Attorney for Appellee Utah Labor Commission

Joshua M. Woodbury, Esq. WCF MUTUAL INSURANCE COMPANY Attorney for Appellants

State Of Utah, Plaintiff/Appellee Vs. Alex Christopher Mendoza, Sr. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM A JUDGMENT, SENTENCE, AND CONTICTION OF OBSTRUCTION OF JUSTICE, UTAH CODE ANN. §76-8-306(1), A CLASS A MISDEMEANOR IN THE THIRD JUDICIAL DISTRICT

HERSCHEL BULLEN Counsel for Appellant

STATE OF UTAH SIM GILL HEATHER LINDSAY DEPUTY DISTRICT ATTORNEY Counsel for Appellee

Wasatch Valley Pizza, Llc, Plaintiff/ Appellant V. Wilson Properties & Associates L.C., Smoot, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE SECOND JUDICIAL DISTRICT COURT, DAVIS COUNTY, HONORABLE MICHAEL EDWARDS, DISTRICT JUDGE

David W. Tufts (8736), David L. Arrington (4267) , J. Tayler Fox (12092), Madeline Aller (16770), Attorneys for Defendants/Appellees

Jonathan O. Hafen, James L. Ahlstrom, Erin H. St. John, Attorneys for Plaintiff/Appellant

Pasquarello, Plaintiffs/ Appellants V. Tcc Veterinary Services, Inc., Dr. Tyler S. Stiens, Artz Vetmed, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Three veterinarians entered into an operating agreement in relation to a clinic where they practiced. That agreement contained an arbitration clause. One of the veterinarians orally agreed to buy out one of the other's interests. The seller subsequently sued the buyer and the veterinarian who was not a party to the purchase agreement. She sought dissolution of the entities associated with the clinic; and she raised various other claims, including allegations of breach of contract and breach of the covenant of good faith and fair dealing. Some of the allegations in the complaint, particularly those directed against the non-party to …

Pasquarello, Plaintiffs/ Appellants V. Tcc Veterinary Services, Inc., Dr. Tyler S. Stiens, Artz Vetmed, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Three veterinarians entered into an operating agreement in relation to a clinic where they practiced. That agreement contained an arbitration clause. One of the veterinarians orally agreed to buy out one of the other's interests. The seller subsequently sued the buyer and the veterinarian who was not a party to the purchase agreement. She sought dissolution of the entities associated with the clinic; and she raised various other claims, including allegations of breach of contract and breach of the covenant of good faith and fair dealing. Some of the allegations in the complaint, particularly those directed against the non-party to …

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

Troy L. Booher (9419) Beth E. Kennedy (13771) ZIMMERMAN BOOHER Russell S. Walker (3363) WOODBURY & KESLER, PC Salt Lake City, Utah 84102 Attorney for Appellant/Defendant Daniel G. Smith

Thomas J. Burns (8918) Aaron R. Harris (12111) Elisabeth E. Calverts (12111) DURHAM JONES & PINEGAR, P.C. Attorneys for Appellee/Plaintiff Cook Martin Poulson, P.C

State Of Utah Plaintiff Appellee V. Garylee Bowers Defendant/ Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM A JUDGMENT SENTENCE AND. CONVICTION OF ATTEMPTED AGGRAVATED ROBBERY, A SECOND DEGREE FELONY IN THE FOURTH JUDICIAL DISTRICT COURT

LINDSEY WHEELER, Esq., Utah Attorney General, Counsel for Appellee

HERSCHEL BULLEN, Attorney at Law, Counsel for Appellant

Sugarmont, Llc, Appellant / Plaintiff V. Ascent Construction, Inc., Appellee / Defendant. : 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 The Honorable Kent Holmberg presiding, Case No. 190908188

James E. Magleby Jennifer Fraser Parrish Adam Alba Matthew B. McCune MAGLEBY CAT AXINOS & GREENWOOD PC Attorneys for Appellant/Plaintiff

Darrel J. Bostwick Jonathan R. Rudd Ryan A. Rudd Meagan Rudd Bruce M. Pritchett Nick Nielsen THE RUDD FIRM, P.C. Attorneys for Appellee/Defendant

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

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM ORDER ON ORDER TO SHOW CAUSE/COMMITMENT ENTERED ON MAY 9, 2019, BY THE HONORABLE GEORGE M. HARMOND OF THE SEVENTH JUDICIAL DISTRICT COURT - CASTLE DALE, IN AND FOR EMERY COUNTY, STATE OF UTAH

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

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM ORDER ON ORDER TO SHOW CAUSE/COMMITMENT ENTERED ON MAY 9, 2019, BY THE HONORABLE GEORGE M. HARMOND OF THE SEVENTH JUDICIAL DISTRICT COURT - CASTLE DALE, IN AND FOR EMERY COUNTY, STATE OF UTAH

K. ANDREW FITZGERALD, #8944

H&P Lnvestments, Homer K. Cutrubus, And Phidia Cutrubus, Appellees V. Ilux Capital Management, Llc, Fortius Financial Advisors, Llc, Roberto G. Buchanan, And Jeff M. Bollinger, Appellants: Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

BRIEF OF APPELLEES On appeal from the Second Judicial District Court, Weber County, Honorable Jennifer Valencia presiding

Troy L. Booher (9419) Beth E. Kennedy (13771) Dick J. Baldwin (14587) Zimmerman Booher Attorney for Appellants

James C. Lewis (1943) Chase Kimball (4993) Lewis Hansen Pleshe Flanders LLC Attorney for Appellees

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

Utah Court of Appeals Briefs (2020 –)

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

Angille K. Dakic, Utah Bar No. 12722, Pearson Butler, LLC, Attorney for Appellant

Martin N. Olsen and Beau J. Olsen, Utah Bar No. 6035/ Utah Bar No. 15213, Olsen & Olsen Law, LLC, Attorney for Appellee

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

Utah Court of Appeals Briefs (2020 –)

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

Angille K. Dakic Utah Bar No. 12722 Pearson Butler, LLC. Attorney for Appellant

Martin N. Olsen and Beau J. Olsen Utah Bar No. 6035/ Utah Bar No. 15213 Olsen & Olsen Law, LLC Attorney for Appellee

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

Utah Court of Appeals Briefs (2020 –)

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

Angille K. Dakic, Attorney for Appellant

Martin N. Olsen and Beau J. Olsen, Attorney for Appellee

Clark Memorandum: Fall 2020, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• A Feast of Fat Things
• And When He Came to Himself
• No Other Gods Before Me
• The Economics of Goodness

Read on Issuu

The Byu Advocate, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

"One of the roles of lawyers is to facilitate compromises among those who do not share a common vision for our society and to embed those compromises in laws and institutions." – D. Gordon Smith

Gay Rights, Religious Liberty, And The Misleading Racism Analogy, Andrew Koppelman

BYU Law Review

No abstract provided.

With An Even Hand: The Call For Pakistan’S Executive Task Force For Religious Tolerance, J. Clifford Wallace

BYU Law Review

No abstract provided.

Anti-Gay Discrimination,“Conscience Exemptions,” And The Racism Analogy: A Reply To Professor Koppelman, Shannon Gilreath

BYU Law Review

No abstract provided.

In The Court Of Koppelman: Motion For Reconsideration, James M. Oleske Jr.

BYU Law Review

No abstract provided.

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

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM CONVICTION AND JUDGMENT FOR RECKLESS ABUSE OF A VULNERABLE ADULT, A CLASS B MISDEMEANOR, AND ASSAULT CAUSING SUBSTANTIAL BODILY INJURY, A CLASS A MISDEMEANOR THE HONORABLE JUDGE KARA PETIT PRESIDING, THIRD DISTRICT, SALT LAKE COUNTY, STATE OF UTAH SALT LAKE DISTRICT COURT CASE NO. 181912383

COREY SHERWIN, Bar No. 5711, WEST VALLEY CITY ATTORNEY'S OFFICE, Attorney for Plaintiff/ Appellee

STACI VISSER, Bar No. 14358, INTERM0UNT AIN LEGAL, Attorney for Defendant/ Appellant