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2016

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State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals Dec 2016

State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from a conviction for burglary, a second degree felony,
in the First Judicial District, Box Elder County, the Honorable
Brandon J. Maynard presiding


Ktm Health Care, Inc., Plaintiff And Appellee/Cross-Appellant, V. Sg Nursing Home, Llc, Dba Kolob Care & Rehabilitation Of St. George And Apex Healthcare Solutions, Llc, Defendants And Appellants/Cross-Appellees. : Reply Brief, Utah Court Of Appeals Dec 2016

Ktm Health Care, Inc., Plaintiff And Appellee/Cross-Appellant, V. Sg Nursing Home, Llc, Dba Kolob Care & Rehabilitation Of St. George And Apex Healthcare Solutions, Llc, Defendants And Appellants/Cross-Appellees. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANTS
AND
BRIEF OF CROSS-APPELLEES

Appeal from a Final Judgment
Entered by the Fifth Judicial District Court
Honorable Jeffrey C. Wilcox Presiding


Phillip Grimm, Plaintiff And Appellee/Cross-Appellant, V. Dxna Llc, A Delaware Limited Liability Company, Defendant And Appellant/Cross-Appelle. : Reply Brief, Utah Court Of Appeals Dec 2016

Phillip Grimm, Plaintiff And Appellee/Cross-Appellant, V. Dxna Llc, A Delaware Limited Liability Company, Defendant And Appellant/Cross-Appelle. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT AND BRIEF OF CROSS-APPELLEE

On appeal from a judgment of the Fifth District Court for Washington County,
The Honorable Pamela G. Heffernan


So Close, So Different – Regional Rail Transport In Poland, The Czech Republic And Slovakia, Marcin Król, Jakub Taczanowski Dec 2016

So Close, So Different – Regional Rail Transport In Poland, The Czech Republic And Slovakia, Marcin Król, Jakub Taczanowski

Yearbook of Antitrust and Regulatory Studies

The objective of this paper is to present three different models of regional railway passenger transport that emerged in the process of post-communist transition after 1989 in neighbouring countries: Poland, the Czech Republic and Slovakia. After an introduction, the second section of the paper shows the historical, spatial and socio-economic context of the analysis. The three resulting models are presented in the following section. This part of the paper is also devoted to the discussion of the developments, experiences and results obtained in Poland, the Czech Republic and Slovakia. The final section provides conclusions.


A Note On 2015 Developments In Polish Competition Law: Is It Really A Drive Towards The European Model?, Anna Piszcz Dec 2016

A Note On 2015 Developments In Polish Competition Law: Is It Really A Drive Towards The European Model?, Anna Piszcz

Yearbook of Antitrust and Regulatory Studies

Modern Polish competition law has become highly regulated and codified over the twenty five years of its existence and this article will provide readers with information relating to its recent developments of 2015. Separate subsections present a review of provisions on remedies in infringement decisions as well as settlements. A considerable part of this paper is designed to outline the peculiarities that characterize Poland’s new provisions on fines. Further on, the paper introduces readers to newest trends in the area of concentration control between undertakings. In addition, an assessment of recent developments and suggestions for a further development of Polish …


Competition Law And State Aid For Failing Banks In The Eu And Its Specific Implications For Cee Member States, Virag Blazsek Dec 2016

Competition Law And State Aid For Failing Banks In The Eu And Its Specific Implications For Cee Member States, Virag Blazsek

Yearbook of Antitrust and Regulatory Studies

The bank bailouts following the global financial crisis of 2008 have been subject to prior approval of the European Commission (EC), the competition authority of the European Union. The EC was reluctant to reject rescue efforts directed at failing banks and so it consistently approved all such requests submitted by Member States. Out of the top twenty European banks, the EC authorized State aid to at least twelve entities. In this context, the paper outlines the gradually changing interpretation of EU State aid rules, the “temporary and extraordinary rules” introduced starting from late 2008, and the extension of the “no-State …


Antitrust Liability In The Context Of Online Platforms. Case Comment To The Preliminary Ruling Of The Court Of Justice Of 21 January 2016 ‘Eturas’ Uab V Lietuvos Respublikos Konkurencijos Taryba (Case C-74/14), Bartosz Targański Dec 2016

Antitrust Liability In The Context Of Online Platforms. Case Comment To The Preliminary Ruling Of The Court Of Justice Of 21 January 2016 ‘Eturas’ Uab V Lietuvos Respublikos Konkurencijos Taryba (Case C-74/14), Bartosz Targański

Yearbook of Antitrust and Regulatory Studies

No abstract provided.


Prohibition Of Pharmacy Advertising – The Origins And The Evaluation Of The Regulation, Joanna Wiszniewska Dec 2016

Prohibition Of Pharmacy Advertising – The Origins And The Evaluation Of The Regulation, Joanna Wiszniewska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The main purpose of this paper is to present the origin of the introduction of the prohibition of pharmacy advertising into the Polish legal system. The first part discusses the reasons why the partial prohibition of pharmacy advertising, related to reimbursed drugs, was implemented in 2007. The paper then focuses on the absolute prohibition of the advertising of pharmacies and their operations introduced in 2012, which constitutes the strictest regulation of such kind in Europe. This will give the opportunity to critically examine both the law and its implementation. In conclusion, the current initiatives to abolish the regulation will be …


Funding Long-Term Services And Supports (Ltss) For Working Aged Disabled Americans, Helen L. Rapp Dec 2016

Funding Long-Term Services And Supports (Ltss) For Working Aged Disabled Americans, Helen L. Rapp

Journal of Law and Health

There are a multitude of dilemmas faced today by over 3 million significantly disabled Americans, many of whom depend on Medicaid for Long-Term Services and Supports (LTSS) in obtaining the services they need to simply live. While the landmark 1990 Americans with Disabilities Act (ADA) has done a lot to improve the lives of people with disabilities, the reality is that using Medicaid as the vehicle for funding LTSS places unreasonable restrictions on disabled people who want to live independent lives and be as successful as possible.

The Federal Government must change funding for LTSS in order to provide disabled …


Waters Of The United States, Roni A. Elias Dec 2016

Waters Of The United States, Roni A. Elias

Tulsa Law Review

No abstract provided.


State Of Utah, Plaintiff/Appellee, V. Christopher Kim Leech, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals Dec 2016

State Of Utah, Plaintiff/Appellee, V. Christopher Kim Leech, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from convictions for one count of aggravated murder,
two counts of aggravated kidnapping, two counts of
aggravated robbery, and one count of obstructing justice, all
first degree felonies, in the Third Judicial District, Salt Lake
County, the Honorable Randall N. Skanchy presiding

Oral Argument Requested


South Salt Lake City, Plaintiff And Appellee, V. Steven Maese, Defendant And Appellant : Brief Of Appellant, Utah Court Of Appeals Dec 2016

South Salt Lake City, Plaintiff And Appellee, V. Steven Maese, Defendant And Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellant

Appeal from convictions of Failure to Signal for Two Seconds, a class C
misdemeanor under Utah Code 41-6a-804(1) (2013), and Failure to Obey
a Traffic Control Device, a class C misdemeanor under Utah Code 41-6a-
304 (2013), both reduced to infractions upon the City's motion.

This judgment was entered in the Third Judicial District Court, Salt Lake
Department, the Honorable Randall Skanchy presiding.

The Appellant is not incarcerated.

ORAL ARGUMENTS REQUESTED


South Salt Lake City, Plaintiff And Appellee, -V- S. Steven Maese, Defendant And Appellant. : Brief Of Appellant, Utah Court Of Appeals Dec 2016

South Salt Lake City, Plaintiff And Appellee, -V- S. Steven Maese, Defendant And Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellant

Appeal from convictions of Failure to Signal for Two Seconds, a class C
misdemeanor under Utah Code 41-6a-804(1) (2013), and Failure to Obey
a Traffic Control Device, a class C misdemeanor under Utah Code 41-6a-
304 (2013), both reduced to infractions upon the City's motion.

This judgment was entered in the Third Judicial District Court, Salt Lake
Department, the Honorable Randall Skanchy presiding.

The Appellant is not incarcerated.

ORAL ARGUMENTS REQUESTED


South Salt Lake City, Plaintiff/Appellee, V. S. Steven Maese, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals Dec 2016

South Salt Lake City, Plaintiff/Appellee, V. S. Steven Maese, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee

Appeal from convictions on two traffic offense infractions
in the Third Judicial District Court, Salt Lake County, the
Honorable Randall Skanchy presiding, wherein the
defendant's request for a jury trial on infraction charges
was denied.


State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant. : Brief Of Appellant, Utah Court Of Appeals Dec 2016

State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

SUPPLEMENTAL BRIEF OF APPELLANT

Pursuant to the Order of the Utah Court of Appeals dated May 24, 2019, to provide
supplemental briefing on "the passcode to the garage" issue on Rule 23B remand

ORAL ARGUMENT REQUESTED


State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals Dec 2016

State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Supplemental Brief of Appellee

Appeal from a conviction for burglary, a second degree felony,
in the First Judicial District, Box Elder County, the Honorable
Brandon J. Maynard presiding


State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals Dec 2016

State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Second Supplemental Brief of Appellee

Appeal from a conviction for burglary, a second degree felony,
in the First Judicial District, Box Elder County, the Honorable
Brandon J. Maynard presiding


Kraig T. Higginson, An Individual; And Mark Burdge, An Individual, Defendants/Appellants, V. Jacquelynn D. Carmichael And Megan M. Moss, As Personal Representatives Of The Estate Of James E. Morton, Plaintiffs/Appellees. : Brief Of Appellee, Utah Court Of Appeals Dec 2016

Kraig T. Higginson, An Individual; And Mark Burdge, An Individual, Defendants/Appellants, V. Jacquelynn D. Carmichael And Megan M. Moss, As Personal Representatives Of The Estate Of James E. Morton, Plaintiffs/Appellees. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF THE APPELLEE

Appeal from the Third Judicial District Court, Salt Lake County, Hon. Royal Hansen
Dist. Ct. No. 140907046


Kraig T. Higginson, An Individual, And Mark Burdge, An Individual, Defendants/Appellants, Vs. Jacquelynn D. Carmichael And Megan M. Moss, As Personal Representative Of The Estate Of James E Morton, Plaintiffs/Appellees. : Reply Brief, Utah Court Of Appeals Dec 2016

Kraig T. Higginson, An Individual, And Mark Burdge, An Individual, Defendants/Appellants, Vs. Jacquelynn D. Carmichael And Megan M. Moss, As Personal Representative Of The Estate Of James E Morton, Plaintiffs/Appellees. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANTS

Appeal from the Third Judicial District Court, Salt Lake County, State of Utah
The Honorable Royal Hansen


State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant. : Reply Brief, Utah Court Of Appeals Dec 2016

State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

SUPPLEMENTAL REPLY BRIEF OF APPELLANT

Pursuant to the Order of the Utah Court of Appeals dated June 18, 2019, to provide
supplemental briefing on "the failure to investigate alibi witnesses and to present a
timeline" issues on Rule 23B remand

ORAL ARGUMENT REQUESTED


State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant. : Reply Brief, Utah Court Of Appeals Dec 2016

State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

Appeal from Sentence, Judgment, Commitment entered on March 1, 2016, in the First
District Court, Box Elder County, the Honorable Brandon J. Maynard, presiding

ORAL ARGUMENT REQUESTED


In The Matter Of Evan O. Koller, An Incapacitated Person. : Brief Of Appellee, Utah Court Of Appeals Dec 2016

In The Matter Of Evan O. Koller, An Incapacitated Person. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE


Jean A. Rapoport And Richard N. Rapoport, Trustees Of The Rapoport Family Trust, Plaintiffs And Appellants, Vs. Judy Martin, An Individual And Four Lakes Village Homeowners Association, A Utah Nonprofit Corporation, Defendants And Appellees : Brief Of Appellee, Utah Court Of Appeals Dec 2016

Jean A. Rapoport And Richard N. Rapoport, Trustees Of The Rapoport Family Trust, Plaintiffs And Appellants, Vs. Judy Martin, An Individual And Four Lakes Village Homeowners Association, A Utah Nonprofit Corporation, Defendants And Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM A JUDGMENT ENTERED BY THE THIRD DISTRICT
COURT, SUMMIT COUNTY, HONORABLE KARA PETTIT


Jean A. Rapoport And Richard N. Rapoport, Trustees Of The Rapoport Family Trust Appellants Vs. Judy Martin, An Individual And Four Lakes Village Homeowners Association, A Utah Nonprofit Corporation Appellees : Brief Of Appellant, Utah Court Of Appeals Dec 2016

Jean A. Rapoport And Richard N. Rapoport, Trustees Of The Rapoport Family Trust Appellants Vs. Judy Martin, An Individual And Four Lakes Village Homeowners Association, A Utah Nonprofit Corporation Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF THE APPELLANTS

Appeal from the Judgment entered by the Third District Court,
Summit County, The Honorable Kara Pettit


Aura Spa & Boutique, Petitioner, V. Workforce Appeals Board Of The Utah Department Of Workforce Services, Respondent. : Brief Of Appellee, Utah Court Of Appeals Dec 2016

Aura Spa & Boutique, Petitioner, V. Workforce Appeals Board Of The Utah Department Of Workforce Services, Respondent. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF RESPONDENT

Petition for Review of a Decision of the
Workforce Appeals Board of the
Department of Workforce Services,
State of Utah


Moriah Lee Chesley, Petitioner/Appellee, Vs. Benjamin Wade Chesley, Respondent/Appellant. : Brief Of Appellant, Utah Court Of Appeals Dec 2016

Moriah Lee Chesley, Petitioner/Appellee, Vs. Benjamin Wade Chesley, Respondent/Appellant. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

Appeal from the Decree of Divorce in the Third Judicial District Court in and for Tooele
County, Judge Robert Adkins


Greg Torgerson, Plaintiff And Appellant, V. Josh Talbot, Tex R. Olsen, Estate Of Bret Kouns, Defendants And Appellees. : Brief Of Appellant, Utah Court Of Appeals Dec 2016

Greg Torgerson, Plaintiff And Appellant, V. Josh Talbot, Tex R. Olsen, Estate Of Bret Kouns, Defendants And Appellees. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

Appeal from a Judgment of the Sixth District Court
In and For Sevier County, State of Utah
Honorable Wallace A. Lee


Wade S. Winegar And Sandra Winegar, Individuals, Plaintiffs And Appellants, V. Springville City, A Municipal Corporation Of The State Of Utah, Bill Child, An Individual, And Jason Riding, An Individual. Defendants And Appellees : Brief Of Appellees, Utah Court Of Appeals Dec 2016

Wade S. Winegar And Sandra Winegar, Individuals, Plaintiffs And Appellants, V. Springville City, A Municipal Corporation Of The State Of Utah, Bill Child, An Individual, And Jason Riding, An Individual. Defendants And Appellees : Brief Of Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEES

APPEAL FROM A DECISION OF THE FOURTH JUDICIAL DISTRICT COURT,
UTAH COUNTY, STATE OF UTAH
HONORABLE CLAUDIA LAYCOCK


Kyle D. Ashworth And Jamie Ashworth, Husband And Wife, Appellants/Plaintiffs, Vs. Riki L. Lewis And Brenda H. Lewis, Husband And Wife, Appellees/Defendants. : Opening Brief Of Appellants, Utah Court Of Appeals Dec 2016

Kyle D. Ashworth And Jamie Ashworth, Husband And Wife, Appellants/Plaintiffs, Vs. Riki L. Lewis And Brenda H. Lewis, Husband And Wife, Appellees/Defendants. : Opening Brief Of Appellants, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

OPENING BRIEF OF APPELLANTS

Appeal from a Final Order
in the Eighth District Court, Uintah County
Honorable Clark A. McClellan presiding


Kyle D. Ashworth And Jamie Ashworth, Husband And Wife, Plaintiff, Vs. Riki L. Lewis And Brenda H. Lewis, Husband And Wife, Defendants. : Principle Brief Of Appellees, Utah Court Of Appeals Dec 2016

Kyle D. Ashworth And Jamie Ashworth, Husband And Wife, Plaintiff, Vs. Riki L. Lewis And Brenda H. Lewis, Husband And Wife, Defendants. : Principle Brief Of Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

PRINICPLE BRIEF OF APPELLEES

Appellant's Appeal From Final Order in the Eight District Court, Utah County Honorable
Clark A. McClellan Presiding