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State Of Utah Plaintiff/ Appellee V. Andrew Donn Whytock Defendant/ Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from two convictions for aggravated assault, a first degree felony, in the Fourth Judicial District, Millard County, the Honorable Donald Eyre presiding

CHERISE BACALSKI, FREYJA JOHNSON, EMILY ADAMS, Counsel for Appellant

MARIAN DECKER, SEAN D. REYES, PATRICK S. FINLINSON, Counsel for Appellee

Spanish Fork City Plaintiff/ Appellee V. Christian Jackson Defendant Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ANA BURGIS, TANNER PREECE, Counsel for Appellee

NATHAN E. BURDSAL, HUTCH U. FALE, Counsel for Appellant

Amber Montgomery, An Individual, Appellant/ Cross-Appellee V. Dr. Jeffrey P. Gardiner, D.O., An Individual, And Utah Valley Eye Center, Inc., A Utah Corporation, Appellees/ Cross-Appellants : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a Final Order and Judgment of the Fourth Judicial District Court in and for Utah County, State of Utah Trial Judge Robert Lund

ATTORNEYS FOR APPELLANT, Justin D. Heideman, Justin R. Elswick

ATTORNEYS FOR APPELLEES, Kirk G. Gibbs, Gary T. Wight

Lindsay Ortega Plaintiff-Appellee, V. Cynthia Jones Defendant-Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from [Modified by the Court] Final Order and Judgment in Favor or Plaintiff Lindsay Ortega, Fourth Judicial District Court, Wasatch County, State of Utah, District Court No. 160500012, Honorable Jennifer A. [Brown] Mabey presiding Appellant’s Opening Brief Patricia Geary Glenn (#5280)

ATTORNEY AT LAW, P.C. Attorney for Defendant

/Appellant ii TABLE OF CONTENTS IDENTIFICATION OF PARTIES ........................................................................iv INTRODUCTION .................................................................................................... 1 STATEMENT OF THE ISSUES ............................................................................ 5 1. Whether the district court erred in reinstating its initial 2018 Final Order and Judgment after excluding the evidence which formed the basis of its decision as improperly proffered by Plaintiff under Rule …

Jeremy Store Petitioner/ Appellant V. Utah Labor Commission And Nakeishia Poulton, Respondents/Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Utah Labor Commission, Case No. 8-07-0448

Tyler James Larsen, Counsel for Appellant

Brian Jackson, Christopher Hill, Counsel for Appellee

State Of Utah, Plaintiff/ Appellee V. Spencer Greenway, Defendant/ Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from conviction for murder, a first-degree felony, in the Third Judicial District, Salt Lake County, the Honorable Kara Pettit presiding.

RACHEL PHILLIPS AINSCOUGH, EMILY ADAMS, Counsel for Appellant

MICHAEL PALUMBO, SEAN D. REYES, JAMES WATABE, BRETT KEELER, Counsel for Appellee

David Freestone And Janet Freestone Plaintiffs/ Appellants V. Corey Walton And Heather N. Walton Defendants/ Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE SECOND JUDICIAL DISTRICT COURT IN AND FOR WEBER COUNTY, STATE OF UTAH, FROM AN ORDER WHICH GRANTED SUMMARY JUDGMENT IN FAVOR OF THE DEFENDANTS/APPELLEES, BEFORE THE HONORABLE JOSEPH BEAN CIVIL NO. 210901418

Russell A. Cline, Attorneys for Appellees/Defendants

Brett D. Cragun, Attorneys for Appellants/Plaintiffs

State Of Utah, Plaintiff/ Appellee V. Julie Starr Bland, Defendant/ Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

appeal from the Second Judicial District Court, Weber County, Honorable Craig Hall, District Court No. 201902050

Emily Adams, Anna Grigsby, Counsel for Appellant

Christopher F. Allred, Stephen Starr, Counsel for Appellee

Francisco Cedeno, Petitioner And Appellee V. Xochitl Cedeno, Respondent And Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

appeal from final contempt order of the Honorable G. Michael Westfall Of the Fifth Judicial District Court in and for Washington County, State of Utah

Francisco I. Cedeno, Pro Se, Appellee Pro Se

Kathryn Bliss Holt, Attorney for Appellant, Xochitl Cedeno

Esther Reid V. Rebath, L.C. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fourth Judicial District Court, Utah County Honorable Christine Johnson, District Court No. 1200400795

Sean Nobmann Attorney for Plaintiffs/Appellants

S. Spencer Brown (13157) STRONG AND HANNI Attorneys for Defendant/Appellee

State Of Utah, Plaintiff And Appellee V. Jessica Buck, Defendant And Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON DIRECT APPEAL FROM A SENTENCE JUDGMENT COMMITMENT ENTERED BY THE HONORABLE JUDGE JEREMIAH HUMES OF THE SEVENTH JUDICIAL DISTRICT COURT IN AND FOR CARBON COUNTY, STATE OF UTAH

K. ANDREW FITZGERALD, Attorney for Appellant

Steven Beverlin V. Gail Beverlin : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Second District Court, Weber County,

Julie J. Nelson (9943) JULIE J. NELSON LAW Attorney for Steven K. Beverlin

Charles R. Ahlstrom (9979) JULIE J. NELSON LAW SAGE LAW PARTNERS, LLC Attorney for Gail W. Beverlin

Afsanteen, Llc, A Utah Limited Liability Company Plaintiffs/ Appelants V. Michael Mansfield, An Individual; David R. Salo, An Individual; Joseph E. Monson, Jr., An Individual; Smart Tech Development, Llc, A Wyoming Limited Liability Company; And John Does 1-50 Defendants/ Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM SUMMARY JUDGMENT ENTERED BY THE HONORABLE DEREK P. PULLEN OF THE FOURTH JUDICIAL DISTRICT COURT, IN AND FOR UTAH COUNTY, STATE OF UTAH

Sean N. Egan, Attorney for Defendants, Nate D. Ashcraft, Denver C. Snuffer, William T. Jennings

DAVID DRAKE, Attorneys for Afsanteen, L.L.C

State Of Utah V. Dean Spencer : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE FOURTH DISTRICT COURT, UTAH COUNTY, STATE OF UTAH, FROM A CONVICTION ON ONE COUNT OF DUI, A CLASS B MISDEMEANOR, BEFORE THE HONORABLE JUDGE DENISE PORTER

PETER REICHMAN JEFFREY GRAY Utah County Attorney Counsel for Appellee

JENNIFER L. FORESTA (12212) Utah County Public Defender Assoc. Appeals Division Attorneys for Appellant

Taylor Lajeunesse, Petitioners/Appellants V. City Of Cottonwood Heights, City Of Holladay, Respondents/Appellees : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Robert P. Faust, District Court No. 230902854

Andrew Deiss (7184) John Robinson Jr. (15247) David Ferguson (16043) DEISS LAW, P.C. Attorneys for Appellant

Matthew D. Church (15574) Kendra M. Brown (16409) MANNING CURTIS BRADSHAW & BEDNAR PLLC Attorneys for Appellees

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

Utah Court of Appeals Briefs (2020 –)

AN 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 Respondents

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

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

Utah Court of Appeals Briefs (2020 –)

Appellate C ase No.: 20230768-CA Trial Court Case No.: 220500679

Honorable Keith C. Barnes

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

Utah Court of Appeals Briefs (2020 –)

appeal from a final order of the Fifth District Court for Washington County, The Honorable Keith C. Barnes ____________________________________________

Debra Jean Ream, Appellant V. Jacob Ream, Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal taken from the orders entered by Judge Derek P Pullan in the Fourth Judicial District Court of Utah County, Case Number 230400484

Ryan J. Schriever, Daniel G. Shumway, Attorneys for Appellant

Compagni V. Klemesrud : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE FOURTH JUDICIAL DISTRICT COURT THE HONORABLE ADAM MOW

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

Spanish Fork City Plaintiff/ Appellee V. Christian Jackson Defendant Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

TANNER PREECE, Counsel for the Appellee

NATHAN E. BURDSAL, HUTCH U. FALE, Counsel for Appellant

Logan Secure Storage, Llc, Appellant V. Logan City Land Use Appeal Board, Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the First Judicial Court, Cache County, State of Utah Honorable Brian Cannell, Presiding

Robert C. Keller (4861) Dani N. Cepernich (14051) Benjamin J. Cilwick (18884) SPENCER FANE LLP Craig Carlston (1148о) Mohamed I. Abdullahi (18168) LOGAN CITY Attorneys for Respondent-Appellee Logan City

State Of Utah, Appellee/Plaintiff V. Troy P. Fraughton, Appellant/Defendant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM CONVICTION AND JUDGMENT FOR DRIVING UNDER THE INFLUENCE, THIRD DEGREE FELONY, AND FAILURE TO STAY IN ONE LANE, AN INFRACTION, THE HONORABLE CHRISTIN JOHNSON PRESIDING FOURTH DISTRICT, UTAH COUNTY, STATE OF UTAH, DISTRICT COURT CASE 191402497

JONATHAN S. BAUER, SEAN D. REYES, Attorney for Appellee

STACI VISSER, ANN MARIE TALIAFERRO, Attorneys for Appellant Fraughton

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

Utah Court of Appeals Briefs (2020 –)

An appeal from a judgment of conviction of aggravated assault, a third-degree felony; and obstructing justice, a class A misdemeanor; in the Third Judicial District Court, Salt Lake County, State of Utah, the Honorable Heather Brereton, presiding.

SEAN D. REYES (7969) Utah Attorney General Attorney for Appellee

ERICK GRANGE (18000) Salt Lake Legal Defender Assoc. Attorney for Appellant

State Of Utah, Plaintiff/ Appellee V. Justin Simnitt, Defendant/ Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fifth Judicial District Court, Iron County Hon. Ann Marie McIff Allen

Shane A. Klenk, Attorney for Appellee State of Utah

Scott A. Hagen, Attorney for Appellant Justin Simnitt

North Park Holdings, Llc Appellant V. Duke Rental Co, Llc, Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the First Judicial District Court, Cache County, State of Utah The Honorable Spencer Walsh

Joseph M. Chambers, Attorneys for Appellant

Matthew N. Evans, Jacob G. Roberts, Attorneys for Appellee

Standing And Criminal Law, F. Andrew Hessick, Sarah A. Benecky

BYU Law Review

According to the Supreme Court, the “irreducible constitutional minimum of Article III standing” is a concrete, particularized injury in fact that is traceable to the defendant and redressable by a favorable judgment. But this set of requirements does not apply in criminal cases. The federal government has authority to bring prosecutions for any violation of federal criminal law, regardless of whether the crime caused concrete harm to the United States or anyone else, and even though the punishment for the crime does not redress an injury in any conventional sense.

This Article argues that the difference in standing requirements between …

A Theory Of Corporate Fiduciary Duties, Benjamin Johnson

BYU Law Review

Corporate law lacks a general theory of a board’s power as fiduciary, and consequently, the law governing corporate fiduciary duties is notably unstable. This Article offers a novel theory that grounds corporate fiduciary duties in stronger microeconomic and legal foundations. The theory, coined the Judicial Monitoring Model (JMM), shows that even imperfect judicial monitoring makes shareholders and boards better off, even when there is no claim of a breach of the duties of loyalty or care as currently understood. The JMM synthesizes the law governing corporate fiduciary duties and other doctrines that protect principals, beneficiaries, and creditors from the risk …

Consumption Governance: The Role Of Production And Consumption In International Economic Law, Timothy Meyer

BYU Law Review

Over the last decade, international economic conflict has increased dramatically. To name only a few examples, the European Union banned the import of products from deforested land and is poised to impose duties on carbon-intensive imports; the United States banned Chinese imports made with forced labor; and countries the world over threatened to impose digital services taxes on U.S. corporations, leading to a new multilateral agreement on apportioning income tax revenue among countries.

This Article argues that these conflicts represent a shift in norms governing the authority to tax and regulate international commerce. Different fields within international economic law describe …

The Esg Gap, Sharon Hannes, Adi Libson, Gideon Parchomovsky

BYU Law Review

The corporate world is undergoing a transformation: there has been a dramatic influx in demand for companies to promote environmental, social, and governance (ESG) values. Yet these preferences do not necessarily translate into effective corporate actions. In this Article, we underscore the structural problems that prevent such preferences from steering the corporate ship full steam ahead toward ESG goals. We analyze the central actors in the corporate sphere that can potentially bring about such change on the ground: managers, institutional investors, and activist hedge funds. We demonstrate that none of these actors have the two central elements required for promoting …