Digital Commons Network^™

Benjamin Empey, Plaintiff/ Appellant V. Utah Inland Port Authority, Defendants/ Appellees : 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 Richard E. Mrazik, District Court No. 190903509

Benjamin Empey, Attorney Pro Se for Appellant

Steven J. Joffee (13258), Evan S. Strassberg (8279), Michael Best & Friedrich, LLP, Attorneys for Defendants/Appellees

Alder Holdings, Llc, Appellee V. Shawn Harding, Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

BRIEF OF APPELLANT On appeal from the Third Judicial District Court, Salt Lake County,

Jason R. Hull (11202) Kevin M. Paulsen (15219) MARSHALL OLSON & HULL,P.C Attorneys for Appellee Alder Holdings, LLC

Matthew A. Steward (9419) Victoria B. Finlinson (15103) CLYDE SNOW & SESSIONS Attorneys for Appellant Shawn Harding

American Fork City, Plaintiff/ Appellee V. Roland M. Tiffany, Defendant / Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM TH E FOURTH DISTRICT COU RT, AMERICAN FORK DIVISIO N. UTAH COUNT Y. STA TE OF UTAH, FROM THE CONVICTION AND SENT E NCE 0 ONE COUNT OF RETAIL THEFT, A CLASS B MISDEMEANOR, ENTERED ON MARCH 27, 2019, BEFORE THE HONORABLE JUDGE ROGER GRIFFIN

CHERYLYN EGNER, Counsel for Appellee

LEAH J. ASTON, Counsel for Appellant

Brittney Turpin, Plaintiff/ Appellee V. Valley Obstetrics And Gynecology; Brian L. Wolse Y, M.D.; Jennifer Booth, Ancp : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Direct Appeal to the Utah Court of Appeals Appeal from the Fourth District Court, Utah County, Utah District Court Case No. 180300203, The Honorable Jared Eldridge Presiding

John M. Macfarlane, Jayden Gray, P. McKay Corbett, Counsel for Appellees

Jaryl L. Rencher, #4903, Benjamin K. Lusty, #12159, Counsel for Appellants

State Of Utah, Plaintiff/ Appellee V. Anthony Jeffrey Christensen, Defendant/ Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a judgment of conviction of assault by prisoner, a first degree felony, in violation of Utah Code § 76-5-102.5, in the Sixth District Court, Sanpete County, Utah, Judge Marvin D. Bagley presiding

SEAN D. REYES Utah Attorney General Attorney for Appellee

PETER DAINES Attorney for Appellant

Ryan Miller, Appellant/Petitioner V. Trial Court Brenda Miller, Appellee/Respondent. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Second District Court, Layton, Davis County Judge Michael S. Edwards

Dustin D. Gibb, Attorney for Respondent I Appellee

Jonathan Hibshman, Attorneys for Appellant I Petitioner

Bruce Ray Mcfarland, Appellant V. Nicole S. Mcfarland, Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Second Judicial District Court, Davis County, Utah Civil No. 084701533 The Honorable Glen R. Dawson, Presiding

Ryan C. Gregerson Angilee K. Dakic Pearson, Butler @ Carson, PLLC Attorneys for Appellee

Jacob K. Cowdin (#14964) A. Douglas Anderson (#13131) CORDELL & CORDELL, P.C. Attorneys for Appellant

State Of Utah, Plaintiff I, Appellee V. Nathanial Lee Jones, Defendant I, Appellant : 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, The Honorable James Blanch

Nathan Jack (#17074), Assistant Attorneys General, Appellate Division, Attorney General's Office, Attorneys for Appellee

Gregory W. Stevens (#7315), Attorney for Appellant

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

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

Hansen V. Kurry Jensen Properties, Llc And Kurry Jensen: Brief Of Appellee: Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

An appeal from a bench trial in the Seventh District Court, Emery County, Judge Douglas B. Thomas, District Court No. 180700004

Shane Clifford (10063) CLIFFORD LAW OFFICES Attorneys for Appellees

Timothy R. Pack (12193) CLYDE SNOW & SESSIONS Attorneys for Appellants

P.H. And A.D., Appellees, V. Cs., Appellant. : Appellant Reply, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Third Judicial District Court, Salt Lake County, Honorable Robert Faust, District Court No. 162900039, Utah Court of Appeals No. 20171038-CA Jessica S. Couser JUST LAW, LLC 4749 South Holladay Boulevard Holladay, Utah 84117 [email protected] tah.com Benjamin K. Lusty RENCHERAN]EWIERDEN 460 South 400 Ea

Jessica S. Couser, JUST LAW, LLC, Benjamin K. Lusty, RENCHER ANJEWIERDEN

Julie J. Nelson (9943), ZIMMERMAN BOOHER, Lisa B. Lokken (6600), LOKKEN & ASSOCIATES, P.C. , Attorneys for Appellant C.S.

Benjamin Empey, Plaintiff/ Appellant V. Utah Inland Port Authority, Defendants/ Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third Judicial District Court, Salt Lake County, Honorable Richard E. Mrazik presiding, District Court Case No. 190903509

STEVEN J. JOFFEE (#13258), EVANS. STRASSBERG (#8279), Michael Best & Friedrich, LLP, Attorneys for Appellees

BENJAMIN EMPEY, Attorney Pro Se for Appellant

Melvin C. Mcquarrie, Appellant V. Janette Colledge Mcquarrie Nkajanetie Kendall, Appellee : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Utah Court of Appeals

David L. Arrington, Douglas B. Thayer, Andy V. Wright, Cole L. Bingham, Attorneys for Appellee

Julie J. Nelson, Erin B. Hull, James A. McIntyre, Richard R. Golden, Attorneys for Appellant

Kim Hayes And Nancy Hayes, Appellants V. Intermountain Geoenvironmental Services, Inc. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE UTAH COURT OF APPEALS

Anna Nelson Morgan, Minnock, Rice & Miner, Attorneys for Respondent Cameron B. Diehl UTAH LEAGUE OF CITIES AND TOWNS Attorney for Amicus Curiae Gary R. Crane (5054) Steven L. Garside ( 4323) J. Mason Kjar (14227) LAYTON CITY ATTORNEY Attorney for Amicus Curiae Paul D. Dodd WEST JORDAN CITY Attorney for Amicus Curiae

DAMIAN C. SMITH TECHLA W VENTURES, PLLC 3290 W. MAYFLOWER WAYLEHI, UTAH 84043 Attorneys for Appellants

State Of Utah, Plaintiff/ Appellee V. Jerry Duncan Nilsson Jr, Defendant/ Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

An Appeal from a Judgment and Criminal Conviction for One Count of Retaliation Against a Witness, Victim or Informant (Third Degree Felony), Entered by the Fourth District Court, Utah County, Before the Honorable Roger W. Griffin

SEAN D. REYES, Utah Attorney General, Counsel for Appellee

Aaron P. Dodd, Kara H. North, Fillmore Spencer LLC, Counsel for Appellant

State Of Utah, Plaintiff/ Appellee V. Jerry Duncan Nilsson Jr, Defendant/ Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

An Appeal from a Judgment and Criminal Conviction for One Count of Retaliation Against a Witness, Victim or Informant (Third Degree Felony), Entered by the Fourth District Court, Utah County, Before the Honorable Roger W. Griffin

SEAN D. REYES, Utah Attorney General, Counsel for Appellee

Aaron P. Dodd, Kara H. North, Fillmore Spencer LLC, Counsel for Appellant

Al-In Partners, Llc, A Texas Limited Liability Company, And Bradley Dixon, An Individual, Plaintiffs/Appellees, V. Lifevantage Corporation, A Colorado Corporation Defendant/Appellant : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF APPELLANT

ON APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT
FOR SALT LAKE COUNTY, STATE OF UTAH
Trial Court Case No. 170907711
Honorable Andrew H. Stone

Byu Law Review Subscription Information

BYU Law Review

No abstract provided.

Reporting Certainty, James A. Macleod

BYU Law Review

Legal theorists, judges, and legal writing instructors persistently decry the assertions of certainty—”obviously X,” “undoubtedly Y,” etc.—that litter judicial opinions. According to the conventional view, the rhetoric of certainty that these assertions epitomize is disingenuous. It also reflects, and even encourages, poor judicial decision-making. And as if that were not enough, it is so unpersuasive that it is counter-persuasive: it signals uncertainty, nonobviousness, etc.—the exact opposite of what its author intends. Judges, for these and other reasons, should abstain from needless assertions of certainty and the myopic thinking they evince. That much is certain.

Yet the rhetoric of certainty persists. …

Osha, The Opportunism Police, Jason R. Bent

BYU Law Review

No abstract provided.

2019-2020 Byu Law Review Masthead

BYU Law Review

No abstract provided.

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

Enforcement Piggybacking And Multistate Actions, Elysa M. Dishman

BYU Law Review

Civil enforcement in the United States is uniquely “multienforcer.” Numerous public and private enforcers including federal agencies, state attorneys general (AGs), and private litigants have overlapping authority to enforce myriad federal and state laws. Ideally, enforcers would complement one another’s efforts and use their comparative enforcement advantages to broaden the scope of enforcement and act as a check on underenforcement. But in reality, enforcers are often attracted to the same targets—large, public, deep-pocketed corporations. This means that multiple enforcers may pursue essentially the same enforcement action, arising from the same series of events and against the same target. Redundant enforcement …

The Importance Of Inferior Voting Rights In Dual-Class Firms, Dov Solomon

BYU Law Review

Over the past several years, corporate law scholarship has carefully analyzed the effects of dual-class capital structures, which allocate superior voting rights to insiders and inferior voting rights to public shareholders. This Article adds to the literature by focusing on a unique and novel type of dual-class structure—one in which the public shares have no voting rights at all. It notes that this structure is fundamentally different because in the absence of even highly diluted voting rights in public hands, the firm does not have to abide by certain types of disclosure rules and corporate governance standards. Nonvoting shareholders are …

Spotify’S Direct Listing And Foreign Private Issuers: Protecting Investors When Foreign Private Issuers List On A U.S. Exchange But Not On Their Home Exchange, Tayler Tanner

BYU Law Review

No abstract provided.

Kill Me Through The Phone: The Legality Of Encouraging Suicide In An Increasingly Digital World, Sierra Taylor

BYU Law Review

No abstract provided.

Larry Boynton, Individual And On Behalf Of The Heirs Of Barbara Boynton, Plaintiff/Appellee, V. Kennecott Utah Copper, Llc, Defendant/Appellant., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Reply Brief of the Appellant and Cross-Appellee Kennecott Utah Cooper, LLC

Larry Boynton, Appellee/Corss-Appellant, V. Kennecott Utah Copper Llc, Appellant/Corss-Appellee, Phillips 66 Company, Conocophillips Company, Pacificorp, Cross-Appellees,, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Response Brief of Cross-Appellee

Larry Boynton, Individually And On Behalf Of The Heirs Of Barbara Boynton, Appellee/Cross-Appellant, Vs. Kennecott Utah Copper, Llc, Appellant/Cross-Appellee, Phillips 66 Company, Pacificorp, Cross-Appellees., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Cross-Appellee Pacificorp's Response Brief