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July 29, 2019

If you live in Utah, you understand this title.  Recreational basketball is fine for those athletic enough to continue playing this sport as they age.  However, for the majority of men holding onto the dream they can still play competitive basketball (even though they'...

March 6, 2019

On March 1, 2019 the Utah Supreme Court issued an opinion entitled Pilot v. Hill, 2019 UT 10 (March 1, 2019) that addresses several substantive legal issues common in Utah to tort litigation. 

Utah law is unique in many ways, including discovery management.  In 2011 the...

December 2, 2018

FAULT/COMPARATIVE FAULT

W.C.A. 1-1-109 codifies Wyoming's comparative fault rule.  Specifically, that rule states "Contributory fault shall not bar a recovery in an action by any claimant or the claimant's legal representative to recover damages for wrongful death or in...

November 25, 2018

The Utah Supreme Court recently issued Bryner v. Cardon Outreach, LLC, 2018 UT 52 (September 24, 2018).  Without arguing the merits of the decision, or whether the Utah Supreme Court got it right, I focus here on the practical impact this case may have moving forward....

November 24, 2018

As you near the end of fact discovery, your Utah defense counsel has likely explained that you need to "elect" whether to take an expert's deposition or whether you want a written report from that expert.  If you handle claims in other states, this "election" proc...

November 15, 2018

I'm often asked whether communications with expert witnesses, before a lawsuit is filed, are protected.  A corollary to this question is whether to obtain a written report from the expert or a verbal report.  Also, is the report (written or verbal) subject to productio...

November 6, 2018

General Discovery:

  • Complaint must be served within six (6) months after filing;

  • 20 days to file answer after service unless extension granted by party or court;

  • Rule 35 examinations are allowed for good cause.  No limit on the number of IMEs in any given c...

November 6, 2018

Traumatic Brain Injury cases take many different forms.  They range from a simple concussive episode to the severely impaired, traumatic brain injured patient.  When evaluating or defending these cases, you first have to know where, on this spectrum, your case falls....

November 6, 2018

      In June, 2018 our Utah Supreme Court added a degree of difficulty to our premises liability analysis.  The Court took on the landowner's duty to keep his premises safe to business invitees, commonly referred to as the "nondelegable duty" doctrine.  More nuanced,...

December 14, 2017

For years, practitioners, insurers, retailers and judges have operated under principle that if the manufacturer of a defective product is known, those retailers who sold the product have no liability.  This practice dates back, at least, to Sanns v. Butterfield Ford, 2...

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December 2, 2018

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Pilot v. Hill - Damage Caps in Utah?

March 6, 2019

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