Law Commons^™

State Of Utah, Plaintiff/Appellee V. Debra Kay Youren, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from convictions for one count of exploitation of a vulnerable adult and one count of theft, both second-degree felonies, in the Fourth Judicial District, Juab County, the Honorable Anthony L. Howell presiding

ANN M. TALIAFERRO Brown Bradshaw & Moffat Counsel for Appellant

WILLIAM M. HAINS (13724) Assistant Solicitor General SEAN D. REYES (7969) Utah Attorney General Counsel for Appellee

Clark V. Clark : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a Judgment of the Fifth Judicial District Court in and for Iron County, State of Utah, Hon. Matthew L. Bell presiding. APPELLEE’S RESPONSIVE BRIEF

Brett W. Hastings [15442] HASTINGS|SMOAK Wells Fargo Center Attorneys for Appellees

Frank D. Mylar [5116] MYLAR LAW, P.C. Attorney for Appellants

Bonnie Peragallo V. W&T Holdings And Jason Laursen : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal From the First Judicial District Court, Cache County, State of Utah The Honorable Judge Spencer Walsh

Peter R. Mifflin (#12595) ROBERT J. DEBRY & ASSOCIATES Attorney for Plaintiff/Appellant

Robert L. Janicki (#5493) Matthew A. Jones (#15792) STRONG & HANNI Attorneys for Defendant/Appellee W&T Holdings, LLC

State Of Utah Plaintiff/ Appellee V. Michael Curwick Defendant/ Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Summit County, Honorable Richard Mrazik, District Court No. 231500076

Sean Reyes, Counsel for Appellee

Freyja Johnson, Rachel Phillips Ainscough, Counsel for Appellant

Al-Imari V. Udot : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Attorneys for Appellants and Plaintiffs Brad H. Bearnson (#3633) Waynam M. Stodar (#16650) BEARNSON & CALDWELL, LLC

Attorneys for Appellee and Defendant UDOT Joseph E. Minnock Anna Nelson MORGAN, MINNOCK, RICE & MINER, L.C. Attorneys for Appelle and Defendant Staker George W. Burbidge II W. Kevin Tanner CHRISTENSEN & JENSEN, P.C.

State Of Utah V. Bridgewaters : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a jury trial conviction of manslaughter, a second degree felony; and tampering with a witness, a third degree felony, in the Third Judicial District, Salt Lake County, the Honorable Douglas Hogan presiding

ROBERT DENNY Salt Lake Legal Defenders Counsel for Appellant

LINDSEY WHEELER (14519) Assistant Solicitor General SEAN D. REYES (7969) Utah Attorney General BRADFORD COOLEY Salt Lake District Attorney's Office Counsel for Appellee

Rosser V. Elite Craft Homes : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Second Judicial District Court, Weber County The Honorable Craig Hall District Court No. 220903070 APPELLEES’ BRIEF

Peter H. Barlow (7808) Axel Trumbo (14816) STRONG & HANNI Counsel for Appellees

James Mortensen V. Labor Commission, Quality Pool & Spa : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE LABOR COMMISSION OF UTAH

Jaceson Maughan/Christopher Hill Utah Labor Commissioner Labor Commission of Utah CODY G. KESLER RICHARDS BRANDT MILLER NELSON Attorneys for Appellees

Loren M. Lambert, No. 5101 Attorney for Appellant ARROW LEGAL SOLUTIONS GROUP, PC

James Cordery, And A.S., A Minor, On Behalf Of The Estate And Heirs Of Joshua Cordery, Plaintiffs-Appellants V. University Of Utah School Of Dentistry, And Intermountain Healthcare Defendants-Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE THIRD DISTRICT COURT,

NELSON NAEGLE PLLC Attorneys for Defendants

/Appellees Sarah Elizabeth Spencer, #11141 Jeffrey B. Teichert, #7000 S PENCERWILLSON, PLLC Attorneys for Plaintiffs

Glenn Howard Griffin, Petitioner/ Appellant V. State Of Utah, Respondent/ Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from an order granting summary judgment and denying a petition for postconviction relief, Case No. 170100200, in the First Judicial District Court, Box Elder County, the Honorable Spencer Walsh presiding.

DAVID FERGUSON, Counsel for Appellant

ERIN RILEY, SEAN D. REYES, Counsel for Appellee

Compagni V. Klemesrud : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

ON APPEAL FROM THE FOURTH JUDICIAL DISTRICT COURT THE HONORABLE JARED ELDRIGE

Kristin A. VanOrman Jessica J. Johnston Scarlet R. Smith STRONG & HANNI Attorneys for Defendants/Appellees

Jefferson W. Gross (#8339) Seamus W. Appel (#17783) GROSS & ROONEY Attorneys for Plaintiff/Appellant

Michael Cook An V. Ivins City : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a Final Order of the Fifth Judicial District Court in and for Washington County, State of Utah. Trial Judge Keith C. Barnes

Appeal from a Final Order of the Fifth Judicial District Court in and for Washington County, State of Utah. Trial Judge Keith C. Barnes ATTORNEYS FOR APPELLANTS

ATTORNEYS FOR APPELLEE Justin D. Heideman (USB #8897) Bryan J. Pattison (USB #8766) Justin R. Elswick (USB #9153) BLANCHARD PATTISON LLC HEIDEMAN & ASSOCIATES 50 East 100 South, Suite 101 [email protected] ATTORNEYS FOR INTERVENORS

Stand-Ins: Causes And Consequences Of Temporary Leadership, Anne Joseph O’Connell

BYU Law Review

Hafen Lecture, BYU Law School, September 13, 2023.

Amber Klein Petitoner/ Appellee V. Melvin James Klein Respondent/ Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from ruling of the Honorable Judge Marvin D. Bagley of the Sixth District in and for Sanpete County as to a Decree of Divorce.

Brody N. Miles, Attorney for Melvin James Klein Appellant

Douglas Neeley, Attorney for Amber Klein Appellee

Arnold J. Schmit Appellant V. Joshua Schmith Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Honorable Teresa L. Welch, District Court No. 210906538

Ben W. Lieberman, Attorneys for Appellee Joshua Schmith

Rich Willie, David H. Culmer, Attorneys for Appellant Arnold J. Schmit

Nil Tampering, Josh Lens

BYU Law Review

The college athletics landscape has experienced several recent dramatic and monumental changes. In 2018, its governing body, the NCAA, implemented the transfer portal to help universities and athletes manage the process by which athletes transfer to another university. In 2021, the NCAA allowed every athlete the freedom to accept compensation in exchange for the use of their name, image, and likeness (“NIL”). Booster collectives quickly formed to facilitate NIL arrangements and now exert significant financial influence in the athlete recruiting and retention process. Tens of thousands of athletes have used the portal since its inception, with many seeking more NIL …

The Eco-Agency Problem And Sustainable Investment, Moran Ofir, Tal Elmakiess

BYU Law Review

In times of heightened environmental consciousness and a global call for urgent action, corporations are playing a critical role in addressing pressing environmental challenges. As concerns about climate change, resource depletion, and ecosystem degradation intensify, businesses are under mounting pressure to align their strategies with sustainable practices. Despite that, there is strong evidence of underinvestment in sustainability and environmental efforts by corporations. In this Article, we first define the eco-agency problem—the special conflict of interest between the corporate officers who focus on short-term profitability and the other stakeholders who seek long-term profitability and sustainability—and then discuss existing coping measures, such …

Understanding Golf’S Civil War: An Antitrust Analysis And Discussion, Emma Hackett

BYU Law Review

For years, professional golf has been ruled by the PGA Tour. But in 2022, the PGA Tour’s monarchy started to crack when LIV Golf, a new Saudi-backed golf league, entered the scene and sued the PGA Tour for antitrust violations. Players and fans had to take sides: the legacy of the PGA Tour or the deep pockets of LIV Golf? The lawsuit resulted in a settlement between the entities, but the complaints exposed dealings engaged in by the PGA Tour that this Note argues are violations of the Sherman Act. Beyond illegality of the Tour’s acts, the dispute between LIV …

Scotus At The Bat: Touching Base With Baseball’S Antitrust Exemption, Porter Y. Schenewark

BYU Law Review

In the longstanding debate surrounding Major League Baseball’s exemption from federal antitrust laws, recent legal developments and Supreme Court dynamics call for a reexamination of the Supreme Court’s 1922 Federal Baseball decision. Drawing parallels between the Court’s landmark decision in Dobbs v. Jackson Women’s Health Organization and the potential reconsideration of Baseball’s exemption, this paper explores the factors at play and the implications for the future of the sport.

Through the Court’s framework of five factors as used in Dobbs, the paper evaluates the nature of the Court’s error, the quality of reasoning, workability, effect on other areas of law, …

State Of Utah, Plaintiff/ Appellee V. Cory Jason Thomas, Defendant/ Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Weber County, Honorable Judge Hyde, District Court No. 211900875

Christopher F. Allred, Benjamin Gabbert, Counsel for Appellee

Hannah Leavitt-Howell, Jessica Hyde Holzer, Counsel for Appellant

Jessy Mckee And Shayne Mackee, Appellants V. Clayton Mckeachine, Carolyn Harns, G&C Servi Es Inc., And Irene Mckee, Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Deborah R. Chandler, Attorneys for Burton and Christine Delambert, Stephen K. Christiansen, Anthony W. Steirling, Ryan R. Bolarder, Attorneys for Carolyn Harns, Kenneth J. Melrose, Attorney for Irene McKee, Clayton Mckeachnie, Pro Se, Kurt D. Reber, Attorneys for G&C Service, Inc

Deborah R. Chandler, Attorneys for Burton and Christine Delambert, Stephen K. Christiansen, Anthony W. Steirling, Ryan R. Bolarder, Attorneys for Carolyn Harns, Kenneth J. Melrose, Attorney for Irene McKee, Clayton Mckeachnie, Pro Se, Kurt D. Reber, Attorneys for G&C Service, Inc

Alan W. Dunaway, Attorneys for Appellants

Malisa Neilson, Appellee V. Stephan Thomas Olsen, Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Direct Appeal to the Utah Court of Appeals Appeal from the Fifth District Court, Washington County, Utah District Court Case No.: 224500531, Hon. Eric A. Ludlow presiding

Kit Erickson, Counsel for Appellee

Benjamin K. Lusty, Meaghan E. Farris, Counsel for Appellant

Jade Taylor V. West Millard Mosquito Abatement District : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fourth District Court, Millard County, State of Utah, Case No. 220700005 the Honorable Anthony Howell Presiding Justin D.

Justin D. Heideman (8897) Norman W. Peat, Jr. (17836) HEIDEMAN & ASSOCIATES Attorneys for Plaintiff/Appellant

Gregory N. Hoole (7894) HOOLE & KING Attorneys for Defendant/Appellee

Matthew Barlow V. Raymond Hour : 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 Coral Sanchez, District Court No. 170900003

Jeffrey T. Colemere (8527) COLEMERE GIBBS, PLLC Tamara J. Hauge (4334) SMART, SCHOFIELD, SHORTER PC Emily Adams (14937) THE APPELLATE GROUP Counsel for Appellant

Benjamin S. Ruesch (12646) Tony G. Jones (9181) Travis Dunsmoor (18909) Jeannette Barney (6825) RUESCH & REEVE, PLLC Counsel for Appellee

Armstrong Construction Inc., Appellant V. Itzel Cox And Baudelio Covarrubias, Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the March 13, 2024 Order Third District Court The Honorable Robert Faust Case No. 200903803

Douglas C. Shumway, Attorneys for Mr. Covarrubias, Itzel Cox, Pro Se

Paul W. Jones, Attorneys for Armstrong Construction, Inc.

State Of Utah, Plaintiff And Appellee V. Roy Benjamin Levering, Defendant And Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM A FINAL SENTENCE, JUDGMENT AND COMMITMENT ENTERED BY THE HONORABLE JUDGE JEFFREY C WILCOX, FIFTH JUDICIAL DISTRICT COURT IN AND FOR WASHINGTON COUNTY, STATE OF UTAH

Mr. Connor Nelson, Attorneys for Appellee

K. ANDREW FITZGERALD, Attorney for Appellant

Bonnie Peragallo V. W&T Holdings And Jason Laursen : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE FIRST JUDICIAL DISTRICT COURT FOR CACHE COUNTY, STATE OF UTAH HONORABLE SPENCER WALSH

ROBERT JANICKI MATTHEW JONES STRONG AND HANNI Counsel for Appellee

PETER R. MIFFLIN – 12595 ROBERT J. DEBRY & ASSOCIATES Counsel for Appellant

State Of Utah V. Alberto Frank Hernandez : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from convictions for aggravated assault, a third degree felony, and obstruction of justice, a class A misdemeanor , in the Third Judicial District, Salt Lake County, the Honorable Heather Brereton presiding

ERICK GRANGE Salt Lake Legal Defender Assoc. Counsel for Appellant

CONNOR NELSON (18064) Assistant Solicitor General SEAN D. REYES (7969) Utah Attorney General MADISON BARR SAMUEL COMI Salt Lake District Attorney’s Office Counsel for Appellee

James K. Moyle Petitioner/ Appellant V. Brianna Moyle Respondent/ Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fourth Judicial District Court, Wasatch County, Utah The Honorable Jennifer Mabey, Presiding

Bart J. Johnsen, Sarah Jenkins Dewey, Hannah Ector, Attorneys for Appellee Brianna Moyle

James Moyle V. Brianna Moyle : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Fourth Judicial District Court, Wasatch County, Utah The Honorable Jennifer Mabey, Presiding

Bart J. Johnsen, USB 7068 Sarah Jenkins Dewey, USB 15640 Hannah Ector, USB 17980 PARSONS BEHLE & LATIMER Attorneys for Appellee Brianna Moyle