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Hannah Vanlaningham Plaintiff/ Appellant V. Dr. Ryan Hart, Dds And, Hart Dental, Llc : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Interlocutory Appeal from the Fourth District Court, Utah County, Order of the Honorable Kraig Powell, Case No.180400540

David 0. Black Attorney for Petitioner/Appellant

Terence L. Rooney Attorney for Defendant/ Appellee

Knight Adjestment Bureau, A Utah Corporation, Appellant/ Plaintiff, V. Daniel Urman Dba Darwin 360 Inc. And Darwin 360 Inc., Appellee/ Defendant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE THIRD DISTRICT COURT, SALT LAKE COUNTY, SALT LAKE CITY DEPARTMENT, THE HONORABLE ELIZABETH A. HRUBY-MILLS, CASE NO. 179914006

Jay V. Barney, Attorneys for Appellant/Plaintiff Knight Adjustment Bureau

Sean N. Egan, Attorneys for Appellee/Defendant

2020–2021 Byu Law Review Masthead

BYU Law Review

No abstract provided.

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.

Byu Law Review Subscription Information

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

Medical Disputes And Conflicting Values: Is There A “Right To Die” Later?, Janet L. Dolgin

BYU Law Review

No abstract provided.

Information Matters In Tax Enforcement, Leandra Lederman, Joseph C. Dugan

BYU Law Review

Most scholars recognize both that the government needs information about taxpayers’ transactions to determine whether their reporting is honest, and that third third-party reporting helps the government obtain that information. Given governments’ reliance on tax collections, it would be risky to think that information or third third-party reporting is not needed by tax agencies. However, a recent article by Professor Wei Cui asserts that “modern governments can practice ‘taxation without information.’” Professor Cui’s argument rests on two claims: (1) “giving governments effective access to taxpayer information through third parties does not explain the success of modern tax administration” because, he …

In Defense Of Immutability, Nicholas Serafin

BYU Law Review

Over the last forty years, the concept of immutability has been central to Equal Protection doctrine. According to current doctrine, a trait is immutable if it is beyond the power of an individual to change or if it is fundamental to personal identity. A trait that meets either of these criteria receives heightened legal protection under constitutional antidiscrimination law. Yet most legal scholars who have addressed the topic have called for the abandonment of the immutability criterion on the grounds that the immutability criterion is conceptually confused, morally indefensible, and bound to stigmatize subordinate groups.

A rejection of the immutability …

Debunking Intellectual Property Myths: Cross Cultural Experiments On Perceptions Of Property, Gregory N. Mandel, Kristina R. Olson, Anne A. Fast

BYU Law Review

For decades, the prevailing view in the United States and many Western countries has been that China does not appropriately respect intellectual property rights. These beliefs lie at the heart of President Donald Trump’s current trade war with China. Despite substantial geopolitical debate over differences between American an d Chinese attitudes towards intellectual property rights, and despite the critical effects that such attitudes have on international economic markets and the function of intellectual property systems, empirical evidence of these attitudes is largely lacking. This Article presents original experimental survey research that explores cross cross-cultural differences between American and Chinese attitudes …

Fan Films And Fanworks In The Age Of Social Media: How Copyright Owners Are Relying On Private Ordering To Avoid Angering Fans, Kagen Despain

BYU Law Review

Fandoms active in creating “fanworks” are increasingly able to leverage social media to coordinate and respond to owners of large media franchises who attempt to limit the creation and distribution of fan films. The resulting friction between these groups can be more efficiently addressed through private ordering rather than through formal legal reform.

Sysco Corp. And American Zurich Insurance Company, Appellant/Respondents V. Labor Commission And Paul Roberts, Appellee/Petitioner : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

BRIEF OF RESPONDENTS SYSCO CORP., AMERICAN ZURICH INSURANCE COMPANY, and NEW HAMPSHIRE INSURANCE COMPANY

Brian Kelm Attorney for Petitioner Christopher C. Hill, General Counsel Counsel for Labor Commision

Brad J. Miller Attorney for Respondents Pollart Miller LLC

Sara Ward, Appellant V. Meredith Mcgarry, Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Commissioner Joana Sagers and Judge Richard McKelvie, District Court No. 134901200

Angilee K. Dakic (12722), Pearson Butler, LLC, Attorney for Appellant

Martin N. Olsen, Olsen & Olsen, LLC, Attorney for Appellee

Sara Ward, Appellant V. Meredith Mcgarry, Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Commissioner Joana Sagers and Judge Richard McKelvie, District Court No.134901200

Angilee K. Dakic, Attorney for Appellant

Martin N. Olsen, Attorney for Appellee

State Of Utah, Plaintiff/ Appellee V. Jason Ronald Hulse, Defendant / Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE FIRST DISTRICT COURT, BOX ELDER COUNTY, STATE OF UTAH, FROM THE JUDGMENT, SENTENCE, AND COMMITMENT ON ONE COUNT OF POSSESSION OF A FIREARM BY A RESTRICTED PERSON, A SECOND-DEGREE FELONY, AND ONE COUNT OF INJURIOUS LITTERING ON PUBLIC OR PRIVATE LANDS, A CLASS C MISDEMEANOR, ENTERED ON JANUARY 7, 2020, BEFORE THE HONORABLE JUDGE BRANDON J. MAYNARD

SEAN REYES, Utah Attorney General, Appeals Division, Counsel for Appellee

LEAH J. ASTON (15989), Counsel for Appellant

State Of Utah, Plaintiff/ Appellee V. Jason Ronald Hulse, Defendant / Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE FIRST DISTRICT COURT, BOX ELDER COUNTY, STATE OF UTAH, FROM THE JUDGMENT, SENTENCE, AND COMMITMENT ON ONE COUNT OF POSSESSION OF A FIREARM BY A RESTRICTED PERSON, A SECOND-DEGREE FELONY, ANDONE COUNT OF INJURIOUS LITTERING ON PUBLIC OR PRIVATE LANDS, A CLASS C MISDEMEANOR, ENTERED ON JANUARY 7, 2020, BEFORE THE HONORABLE JUDGE BRANDON J. MAYNARD

SEAN REYES, Counsel for Appellee

LEAH J. ASTON, Counsel for Appellant

A1 Pioneer Moving And Wcf Mutual Insurance Company Appellants/Respondents V. Utah Labor Commission And Viliami Pulu Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Labor Commission of Utah

Tracy Olson, Esq. SMART SCHOFIELD SHORTER, P.C. Attorney for Appellee Viliami Pulu Christopher T. Hill, Esq. UTAH LABOR COMMISSION Attorney for Appellee Utah Labor Commission

Joshua M. Woodbury, Esq. WCF MUTUAL INSURANCE COMPANY Attorney for Appellants

State Of Utah, Plaintiff/Appellee Vs. Alex Christopher Mendoza, Sr. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM A JUDGMENT, SENTENCE, AND CONTICTION OF OBSTRUCTION OF JUSTICE, UTAH CODE ANN. §76-8-306(1), A CLASS A MISDEMEANOR IN THE THIRD JUDICIAL DISTRICT

HERSCHEL BULLEN Counsel for Appellant

STATE OF UTAH SIM GILL HEATHER LINDSAY DEPUTY DISTRICT ATTORNEY Counsel for Appellee

Wasatch Valley Pizza, Llc, Plaintiff/ Appellant V. Wilson Properties & Associates L.C., Smoot, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE SECOND JUDICIAL DISTRICT COURT, DAVIS COUNTY, HONORABLE MICHAEL EDWARDS, DISTRICT JUDGE

David W. Tufts (8736), David L. Arrington (4267) , J. Tayler Fox (12092), Madeline Aller (16770), Attorneys for Defendants/Appellees

Jonathan O. Hafen, James L. Ahlstrom, Erin H. St. John, Attorneys for Plaintiff/Appellant

Pasquarello, Plaintiffs/ Appellants V. Tcc Veterinary Services, Inc., Dr. Tyler S. Stiens, Artz Vetmed, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Three veterinarians entered into an operating agreement in relation to a clinic where they practiced. That agreement contained an arbitration clause. One of the veterinarians orally agreed to buy out one of the other's interests. The seller subsequently sued the buyer and the veterinarian who was not a party to the purchase agreement. She sought dissolution of the entities associated with the clinic; and she raised various other claims, including allegations of breach of contract and breach of the covenant of good faith and fair dealing. Some of the allegations in the complaint, particularly those directed against the non-party to …

Pasquarello, Plaintiffs/ Appellants V. Tcc Veterinary Services, Inc., Dr. Tyler S. Stiens, Artz Vetmed, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Three veterinarians entered into an operating agreement in relation to a clinic where they practiced. That agreement contained an arbitration clause. One of the veterinarians orally agreed to buy out one of the other's interests. The seller subsequently sued the buyer and the veterinarian who was not a party to the purchase agreement. She sought dissolution of the entities associated with the clinic; and she raised various other claims, including allegations of breach of contract and breach of the covenant of good faith and fair dealing. Some of the allegations in the complaint, particularly those directed against the non-party to …

State Of Utah, Plaintiff/Appellee V. Antonio Valentin Ruiz, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE JUDGMENT, CONVICTION AND SENTENCE ON ONE COUNT OF POSSESSION OF A DANGEROUS WEAPON BY RESTRICTED PERSON, A SECOND-DEGREE FELONY, IN VIOLATION OF UTAH CODEAN N. § 76-10-503, IN THE SECOND JUDICIAL DISTRICT COURT, WEBER COUNTY, STATE OF UTAH, THE HONORABLE JUDGE REUBEN RENSTROM PRESIDING

JEFFREY S. GRAY, SEAN D. REYES

JOSEPH JARDINE, Attorneys for Defendant/Appellant

Cook Martin Poulson, P.C., Plaintiff And, Appellee V. Daniel G. Smith, Defendant And, Appellant: Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the First Judicial District Court, Cache County, Honorable Kevin K. Allen, District Court No. 140100505

Troy L. Booher (9419) Beth E. Kennedy (13771) ZIMMERMAN BOOHER Russell S. Walker (3363) WOODBURY & KESLER, PC Salt Lake City, Utah 84102 Attorney for Appellant/Defendant Daniel G. Smith

Thomas J. Burns (8918) Aaron R. Harris (12111) Elisabeth E. Calverts (12111) DURHAM JONES & PINEGAR, P.C. Attorneys for Appellee/Plaintiff Cook Martin Poulson, P.C

Sugarmont, Llc, Appellant / Plaintiff V. Ascent Construction, Inc., Appellee / Defendant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third Judicial District Court, County of Salt Lake, State of Utah Honorable Kent Holmberg, Case No. 190908188

Darrel J. Bostwick ( 4543) Jonathan Rudd (11422) Ryan Rudd (11423) Meagan Rudd (10364) Bruce M. Pritchett (6781) Nick Nielsen (15902) Attorneys for Appellee, Ascent Construction, Inc.

James E. Magleby (7247) Jennifer Fraser Parrish (11207) Adam Alba (13128) MAGLEBY CATAXINOS & GREENWOOD PC Attorneys for Appellant, Sugarmont, LLC

State Of Utah, Plaintiff /Appellee V. Gino James Cecala, Defendant /Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from convictions for murder, a first degree felony; discharge of a firearm with serious bodily injury, a first degree felony; obstruction of justice, a second degree felony; possession of a dangerous weapon by a restricted person, a second degree felony; and thirteen counts of felony discharge of a firearm, third degree felonies, in the Third Judicial District, Salt Lake County, the Honorable James T. Blanch presiding

GREGORY W. STEVENS, Counsel for Appellant

JEFFREY D. MANN, SEAN D. REYES, CHOU CHOU COLLINS, BRIAN WILLIAMS, Counsel for Appellee

State Of Utah Plaintiff Appellee V. Garylee Bowers Defendant/ Appellant. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM A JUDGMENT SENTENCE AND. CONVICTION OF ATTEMPTED AGGRAVATED ROBBERY, A SECOND DEGREE FELONY IN THE FOURTH JUDICIAL DISTRICT COURT

LINDSEY WHEELER, Esq., Utah Attorney General, Counsel for Appellee

HERSCHEL BULLEN, Attorney at Law, Counsel for Appellant

Sugarmont, Llc, Appellant / Plaintiff V. Ascent Construction, Inc., Appellee / Defendant. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third Judicial District Court, Salt Lake County, State of Utah The Honorable Kent Holmberg presiding, Case No. 190908188

James E. Magleby Jennifer Fraser Parrish Adam Alba Matthew B. McCune MAGLEBY CAT AXINOS & GREENWOOD PC Attorneys for Appellant/Plaintiff

Darrel J. Bostwick Jonathan R. Rudd Ryan A. Rudd Meagan Rudd Bruce M. Pritchett Nick Nielsen THE RUDD FIRM, P.C. Attorneys for Appellee/Defendant

State Of Utah, Appellee V. Udell Mikkelsen, Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM ORDER ON ORDER TO SHOW CAUSE/COMMITMENT ENTERED ON MAY 9, 2019, BY THE HONORABLE GEORGE M. HARMOND OF THE SEVENTH JUDICIAL DISTRICT COURT - CASTLE DALE, IN AND FOR EMERY COUNTY, STATE OF UTAH

State Of Utah, Appellee V. Udell Mikkelsen, Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM ORDER ON ORDER TO SHOW CAUSE/COMMITMENT ENTERED ON MAY 9, 2019, BY THE HONORABLE GEORGE M. HARMOND OF THE SEVENTH JUDICIAL DISTRICT COURT - CASTLE DALE, IN AND FOR EMERY COUNTY, STATE OF UTAH

K. ANDREW FITZGERALD, #8944

Hannah Vanlaningham Plaintiff/ Appellant V. Dr. Ryan Hart, Dds And, Hart Dental, Llc : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

ON APPEAL FROM THE FOURTH JUDICIAL DISTRICT COURT, UTAH COUNTY,HONORABLE KRAIG POWELL

David 0. Black Attorneys for Appellant

Terence L. Rooney (#5789) J. Adam Sorenson (#16577) Attorneys for Appellees