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Jerry B. Wright, Petitioner/Appellant V. Utah Labor Commission, Brent Brown Chevrolet & Buick And/Or Worker's Compensation Fund, Respondents/Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Labor Commission of Utah

Worker 's Compensation Fund of Utah Matthew J. Black (#8283) Attorney for Respondents/ Appellees Utah Labor Commission Christopher T. Hill (#9583) Attorney for Respondent / Appellee

Michael G. Belnap (#}635) Virginius Dabney (#0795) St. George, Utah 84770 Stony V. Olsen (#09287) Attorneys for Petitioner/ Appellant

West Valley City, Appellee/Plaintiff V. Carl Begnaud, Appellant/Defendant. : Brief Of Appellant, 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, Attorney for Plaintiff/ Appellee

STACI VISSER, Attorney for Defendant/ Appellant

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

Utah Court of Appeals Briefs (2020 –)

Appeal from a probation revocation for attempted aggravated robbery, a second degree felony, in the Fourth Judicial District, Utah County, the Honorable James Brady presiding

HERSCHEL BULLEN, Counsel for Appellant

LINDSEY WHEELER, Assistant Solicitor General, SEAN D. REYES, Utah Attorney General, RYAN MCBRIDE, Utah County Attorney's Office, Counsel for Appellee •

Kodiak America, Llc, And Steve Luczak, Plaintiffs/Appellees V. Summit County, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Interlocutory Appeal from the third District Court, Salt Lake County, State of Utah Case No. 170908225, Honorable Keith A. Kelly

Margaret H. Olson (6296) Summit County Attorney Helen E. Strachan (9558) Deputy Summit County Attorney Blaine S. Thomas (17332) Deputy Summit County Attorney Attorneys for Appellant Summit County

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

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

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

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 •

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

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

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

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 : 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

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

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 …

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

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.

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

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.

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.

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

BYU Law Review

No abstract provided.

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

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

Caught By The Cat’S Paw, Sandra F. Sperino

BYU Law Review

Federal employment discrimination law is enamored with court-created doctrines with catchy names. A fairly recent addition to the canon is the concept of the “cat’s paw,” formally recognized by the U.S. Supreme Court in Staub v. Proctor Hospital. With its name … drawn from a fable, the concept of cat’s paw has taken ground quickly, discussed in hundreds of cases.

The Supreme Court recognized the cat’s paw theory in a case where a hospital fired a worker. The person who made the ultimate decision did not have impermissible bias. However, her decision was influenced by information from two supervisors who …

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 …

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

Arlingto Management As Socia Tes, Inc., A Utah, Plaintiff/ Appellant V. Urology Clinic Of Utah Valley, Llc, A Utah Limited Liability Company., Defendant/ Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM AN ORDER OF THE FOURTH DISTRICT COURT, UTAH COUNTY, DISTRICT JUDGE THOMAS L. LOW

Rodney R. Parker (4110) SNOW, CHRISTENSEN & MARTINEAU Todd E. Zenger (5238) DUREN IP Attorneys for Appellee

R. Stephen Marshall (2097) Kevin M. Paulsen (15219) MARSHALL OLSON & HULL, P.C. Attorneys for Appellant

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

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM A JUDGMENT SENTENCE AND CONVICTION OF, OBSTRUCTING JUSTICE, UTAH CODE ANN. § 76-8.-3,06(1), A CLASS A MISDEMEANOR IN THE THIRD JUDICIAL DISTRICT COURT

UTAH ATTORNEY GENERAL Counsel for Appellee

HERSCHEL BULLEN Attorney at Law Counsel for Appellant

Invasion Of The Content-Neutrality Rule, William D. Araiza

BYU Law Review

No abstract provided.

Utility Token Offerings: Can A Security Transform Into A Non-Security?, Scott W. Maughan

BYU Law Review

No abstract provided.

Copyright’S Memory Hole, Eric Goldman, Jessica Silbey

BYU Law Review

There is growing interest in using copyright to protect the privacy and reputation of people depicted in copyrighted works. This pressure is driven by heightened concerns about privacy and reputation on the Internet, plus copyright’s plaintiff-favorable attributes compared to traditional privacy and reputation torts.

The Constitution authorizes copyright law because its exclusive rights benefit society by increasing our knowledge. But copyright law is being misdeployed by suppressing socially valuable works in a counterproductive attempt to advance privacy and reputation interests. This results in “memory holes” in society’s knowledge, analogous to those discussed in George Orwell’s dystopian novel 1984.

This Article …