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Utah Supreme Court Limits Past Medical Specials to Amounts Actually Incurred; Negotiated Rate Differential Is Not a Collateral Source Introduction In Gardner v. Norman, 2025 UT 47, the Utah Supreme...
Leavitt v. OPC: Utah Supreme Court Equates “Reasonably Should Know” with Negligence Under Rule 3.6 and Affirms Public Reprimand for Prejudicial Prosecutorial Press Conference Introduction This...
No Direct Appeal as of Right from Denial of Motion to Modify Pretrial Detention: Utah Supreme Court Narrows § 77-20-209 Introduction In State v. Harris, 2025 UT 48, the Utah Supreme Court resolved a...
Judges, Not Juries, Decide Criminal Statute-of-Limitations Disputes by a Preponderance Under Utah Code § 76-1-306 Introduction In State v. Smith, 2025 UT 45, the Utah Supreme Court addressed a...
Speculative Timing Concerns Do Not Justify Bypassing the District Court: Utah Supreme Court Clarifies Rule 19 Gatekeeping for Extraordinary Relief in Initiative Disputes Introduction In Maxfield v....
Article IX(a) Grants a Right to Seek, Not a Right to Divert: Utah May Enforce Its Export Statute and Require Evidence of Beneficial Use in the Recipient State Introduction In Water Horse Resources,...
Patient-Specific Risks Fall Outside Utah’s Learned Intermediary Rule for Pharmacists Introduction In Jensen v. Walgreen Co., 2025 UT 41 (Utah Oct. 2, 2025), the Utah Supreme Court clarified the scope...
"Entire Amount" Means Joint and Several: Utah Supreme Court Holds Comparative Fault Is Inapplicable to Criminal Restitution Under the Crime Victims Restitution Act Introduction In State v. Debrok,...
Gatekeeping, Not Fact‑Finding: Utah Supreme Court Sets Prima Facie Standard for Successive Competency-to-be-Executed Petitions and Bars Execution Warrants While Ford/Madison Proceedings Are Pending...
Utah’s First UPEPA Roadmap: Public Concern Defined, Plaintiff’s Prima Facie “Lack of Privilege” Burden, and Limits on Add‑On Torts — Commentary on Mackey v. Krause (2025 UT 37) Introduction This...
“No Second Bite at the Probate Apple” — Utah Supreme Court Declares the Savings Statute Inapplicable to § 75-3-107’s Three-Year Probate Deadline Introduction In In re Estate of Davies, 2025 UT 36,...
From Misappropriation to Monetization: Utah Supreme Court Demands a Provable Causal Link between Trade-Secret Theft and Damages Introduction In Feller Behavioral Health PLLC & Kelly Feller v....
“The Marriott Rule” – Administrative Appeals Abate at Death Absent Statutory Survival Introduction Marriott v. Wilhelmsen (2025 UT 35) squarely confronted an unsettled issue in Utah law: Does an...
Reinstating Defamation Claims and Narrowing Utah’s Anti-SLAPP Shield: A Commentary on Mathews v. McCown, 2025 UT 34 1. Introduction The Supreme Court of Utah’s unanimous opinion in Mathews v. McCown...
“Beyond the Sirens” – Armenta v. Unified Fire (2025) and the Narrowing of the UGIA’s “Emergency Medical Assistance” Immunity Supreme Court of Utah – 2025 UT 26 – Decided 7 Aug 2025 1. Introduction In...
Utah Supreme Court Affirms Surface Owner’s Right to Uncompensated On-Site Use of Soil in Severed Estates Commentary on Genesis Aggregates B v. Toll Southwest, 2025 UT 28 Introduction Genesis...
Municipal Incorporation and the Doctrine of Mootness in Land-Use Referendum Litigation: A Comprehensive Commentary on Haney v. Tooele County, 2025 UT 30 1. Introduction Haney v. Tooele County (2025...
“Flexible Deference” to Bar Admissions Decisions: The Utah Supreme Court’s Refined Standard of Review in Long v. Utah State Bar (2025 UT 29) Introduction Case name: Long v. Utah State Bar, 2025 UT 29...
The “Federal-Origin Exception” to Utah’s EIDPA Suppression Rule In-Depth Commentary on State v. Andrus, 2025 UT 32 (Supreme Court of Utah) 1. Introduction State v. Andrus presented Utah’s high court...