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Newton Estes V. Judge Don V Tibbs : Newton Estes V. Judge Kenneth Rigtrup, Judge James Sawaya : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLANT Consoiidatea Appeals from Orders of the Third and Sixth Judicial District Courts, Judges Hilder and Mclff

Viola Marie Cameron, Tina Cotton, Kenyon Cotton V. Gunther's, Inc., Gunther's Comfort Air, Lennox, Inc., Frank Robinette, Wayne Viehwig, Pat Viehwig, Does 1-10 : Brief In Opposition To Certiorari, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF LENNOX INDUSTRIES, INC., IN OPPOSITION TO PETITION FOR WRIT OF CERTIORARI

Leo N. Taylor V. Department Of Commerce, State Of Utah, Division Of Occupational And Professional Licensing : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appendix to Opening Brief of Petitioner

William Anthony Kraatz V. Heritage Imports, Bryan Wilkinson, Jeff Wilkinson : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM JUDGMENT OF THE THIRD JUDICIAL DISTRICT COURT OF AND FOR SALT LAKE COUNTY, STATE OF UTAH HONORABLE J. DENNIS FREDERICK

Laura E. Starley V. Steven D. Mcdowell : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from a Supplemental Decree of Divorce Entered by the Third District Court for Salt Lake County, State of Utah Honorable Kenneth Rigtrup

State Of Utah V. Vassilios Chalkidis : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A CONVICTION FOR DISTRIBUTION OF A CONTROLLED SUBSTANCE (COCAINE) WITHIN 1000 FEET OF A PUBLIC PARK, A FIRST DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 58-37- 8(1)(a)(ii) (1996), IN THE SECOND JUDICIAL DISTRICT COURT IN AND FOR WEBER COUNTY, THE HONORABLE STANTON M. TAYLOR, PRESIDING

Francis J. Zambito V. State Of Utah : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A JUDGEMENT AND COMMITMENT FOR THEFT A THIRD DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 76-6-404, ENTERED IN THE THIRD DISTRICT COURT IN AND FOR SUMMIT COUNTY, STATE OF UTAH, THE HONORABLE JUDGE PAT BRIAN, PRESIDING

Raegan Danielle Francis V. Edward K. Francis, Sr. And Patricia Blundon Francis : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE SIXTH JUDICIAL DISTRICT COURT OF SEVIER COUNTY, STATE OF UTAH HONORABLE DAVID L. MOWER, DISTRICT JUDGE

Red Barn Development, L.C., A Utah Limited Liability Company V. Summit County, A Body Corporate And Politic Of The State Of Utah : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A DECISION OF THE THIRD JUDICIAL DISTRICT COURT, SUMMIT COUNTY, HONORABLE PAT B. BRIAN, DISTRICT JUDGE.

Mary J. Rehn V. Charles C. Rehn : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A DIVORCE DECREE IN THE THIRD JUDICIAL DISTRICT COURT OF SUMMIT COUNTY, STATE OF UTAH

Robert D. Collins V. Patricia M. Collins : Response Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Final Judgment and Decree of Divorce of the Honorable John A. Rokich of the Third Judicial District Court, in and for Tooele County, State of Utah

Liability For Prescribing Intravenous Injection Equipment To Iv Drug Users, Maxwell J. Mehlman

Faculty Publications

In the absence of widespread publicly sponsored needle exchange programs, the proposal has been made that physicians prescribe syringes and needles to intravenous (IV) drug users in order to reduce the risk of infection from HIV and other diseases that could result from needle sharing. One question is whether physicians who engage in this behavior, as well as pharmacists who fill the prescriptions, face a significant threat of malpractice liability if the IV drug user or someone else, perhaps an innocent bystander, is harmed as a result of the prescribed equipment. No such cases have been reported, per- haps because …

Dorothy H. Schmidt V. Crayton R. Walker : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE RULING OF THE THIRD JUDICIAL DISTRICT COURT SALT LAKE COUNTY, STATE OF UTAH THE HONORABLE DA VID S. YOUNG PRESIDING

The State Of Utah V. Kathleen Giles : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

REPLY BRIEF OF APPELLANT/BRIEF OF CROSS-APPELLEE Appeal from a judgment of conviction for Public Assistance Fraud, a third degree felony, in violation of Utah Code Ann. §§ 76-8-1205 and 76-8-1206 (1995), in the Third Judicial District Court in and for Salt Lake County, State of Utah, the Honorable David S. Young, Judge, presiding.

State Of Utah V. Leikina Lavulavu : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLANT

AN APPEAL FROM A CONVICTION OF MANSLAUGHTER IN A SCHOOL ZONE, IN VIOLATION OF UTAH CODE ANNOTATED 76-3-203.2, A FIRST DEGREE FELONY, IN THE FOURTH JUDICIAL DISTRICT COURT IN AND FOR UTAH COUNTY, STATE OF UTAH. THE HONORABLE JUDGE RAY M. HARDING, SR., PRESIDING.

Catherine L. Durborow V. Ihc Hospitals Inc. Cottonwood Hospital Medical Center : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLEE

Appeal from a Final Judgment of the Third District Court of Salt Lake County State of Utah Judge Glenn K. Iwasaki

Sierra Club Chemical Weapons Working Group, And Vietnam Veterans Of America Foundation V. Utah Solid And Hazardous Waste Control Board : Reply Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

CASE No. 970313-CA On Appeal of Order of Utah Solid And Hazardous Waste Control Board

J. Lynn Wilde V. Sherrie D. Wilde : Reply Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Case No. 970318-CA

John D. O'Connell And Ann O'Connell V. Blue Cross/Blue Shield Of Utah : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM ORDER ENTERED BY THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE LESLIE LEWIS PRESIDING

Wardley Corporation V. Grant Welsh : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLANT

APPEAL FROM FINAL JUDGMENT ENTERED BY THE THIRD JUDICIAL DISTRICT COURT, DIVISION n, SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE ROBIN W. REESE PRESIDING

Mary Ann Moon V. Stanley W. Moon : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLEE AN APPEAL FROM THE THIRD DISTRICT COURT SALT LAKE COUNTY, STATE OF UTAH HONORABLE HOMER F. WILKINSON, DISTRICT COURT JUDGE

Imperial Mobile Home Park, L.L.C. V. Michael Kelsch, Personal Representative To The Estate Of Larue Griffin, Deceased; Ruth Williamson; John Does 1 Through 10 : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLEE

On Appeal from the Fourth Judicial District Court American Fork Department, Utah County Honorable John C. Backlund

Health Care Cost Containment And Medical Technology: A Critique Of Waste Theory, Maxwell J. Mehlman

Faculty Publications

The high cost of health care has led to proposals to reduce wasteful medical technology under Medicare and other payment systems. Professor Mehlman warns that achieving this objective, while laudable in theory, is problematic because of the difficulties of defining, detecting and eliminating technology waste. A particular danger is that, in an effort to reduce waste, patients will be denied not only technologies that are wasteful from the patient's own perspective but technologies that yield net patient benefit. This risk is exacerbated by the Medicare prospective payment system, which rewards hospitals financially in inverse proportion to the amount of care …

Melvon David Turner V. Di Ann Carol Turner : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM SUPPLEMENTAL DECREE OF DIVORCE, THE FOURTH DISTRICT COURT, WASATCH COUNTY, STATE OF UTAH THE HONORABLE JUDGE HOWARD MAETANI, JUDGE, PRESIDING.

Bridges To Sustainability: Business And Government Working Together For A Better Environment, Luis Gomez-Echeverri

Yale School of the Environment Bulletin Series

No abstract provided.

Dumac, Inc. V. Department Of Employment Security : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.

Dennis Davis V. Monica Davis : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLANT

APPEAL FROM THE JUDGMENT OF THE SIXTH JUDICIAL DISTRICT COURT OF SEVIER COUNTY, STATE OF UTAH, JUDGE LEWIS G. TERVORT.

James Cassidy V. The Salt Lake County Fire Civil Service Council : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

REPLY BRIEF OF APPELLANT JAMES CASSIDY APPEAL FROM THE THIRD DISTRICT COURT, SALT LAKE COUNTY HONORABLE HOMER F. WILKINSON DISTRICT JUDGE

Charles V. Pledger, M.D. V. Ople Gillespie V. Cigna Healthplan : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE ORDER OF THE FOURTH JUDICIAL DISTRICT COURT, HON. JOHN C. BACKLUND, DATED MAY 5,1994, GRANTING SUMMARY JUDGMENT AGAINST DEFENDANT; THE ORDER DATED NOVEMBER 26,1996, DENYING APPELLANT'S MOTION TO SET ASIDE JUDGMENT AGAINST DEFENDANT; BENCH RULING OF NOVEMBER 13,1996, DENYING APPELLANT'S MOTION TO COMPEL ARBITRATION; AND RULING AND ORDER OF FEBRUARY 18, 1997, DENYING APPELLANT'S MOTION FOR RECONSIDERATION

Rethinking Citizen Suits For Past Violations Of Federal Environmental Laws: Recommendations For The Next Decade Of Applying The Gwaltney Standard, Randall S. Abate

Journal Publications

Citizen suits under the Clean Water Act are more prevalent than those filed under any other federal environmental law that authorizes citizen suits. Not surprisingly, one of the most important cases in environmental citizen suit jurisprudence, Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Found., Inc.,arose in a Clean Water Act citizen suit. The Supreme Court's decision in Gwaltney is perhaps the most extensively analyzed yet most frequently misunderstood standard in citizen suit jurisprudence under federal environmental laws.

Part I of this article examines the structure and underlying policies of the citizen suit provision of the Clean Water Act. …