Property disputes are common. Unraveling a property dispute, however, can take some fancy footwork and legal wrangling. You have questions, so let me give you a few answers. There are a number of legal avenues to assert rights to property including ownership rights, possession rights, and use rights. I previously wrote about the ownership right established …
Establishing Ownership Rights in Property in Utah, Part 2 Read More »
Utah business partners: are you in trouble? Seen here mountain biking on Antelope Island, Utah Short answer: probably. It all depends on what you mean by ‘trouble.’ Do you mean, “is my Utah business partnership about to implode (or explode!)?” If you are asking yourself that question, you probably already know the answer. Get Utah …
The duty to defend is the duty that an insurance company owes its insureds to hire an attorney and take action to defend the insured when the insured gets sued. It’s a bit of complex law that is often at the heart of any bad faith action against an insurance company. Utah typically follows the …
Who gets how much from a personal injury settlement or judgment has always been shared pro rata among those benefitting: the plaintiff and those who paid for the personal injury. No longer. The Utah Supreme Court ruled in Bryner v. Cardon Outreach, LLC, et al., 2018 UT 52, that the Utah Hospital Lien Statute, Utah …
Utah Hospitals Now Get Paid 100% of Their Liens in Personal Injury Cases Read More »
You need an attorney but you cannot afford to pay or need a different way to pay? There are ways known only to the initiated (i.e., those who have asked!). It’s called an “alternative fee agreement” or “alternative fee arrangement” and are only limited by your imagination. As you already know, attorneys typically charge an …
In many Utah premises liability personal injury cases, the person who is injured on real property is often told they should have avoided the object or situation that injured them because it was “open and obvious.” The Utah Supreme Court reiterated the “open and obvious danger rule” in Coburn v. Whitaker Construction Co. released in …
Watch Where You Are Going– the Open and Obvious Danger Rule Read More »
Property disputes are common. Unraveling a property dispute, however, can take some fancy footwork and legal wrangling. You have questions, so let me give you a few answers. There are a number of legal avenues to assert rights to property including ownership rights, possession rights, and use rights. I previously wrote about the ownership right …
Establishing Property Ownership Rights in Property in Utah, Part 2 Read More »
The Utah Supreme Court upheld the disbarment of attorney Susan Rose for conduct in violation of the Utah Rules of Professional Conduct. It’s a reminder to attorneys and the clients who hire them that there are limits to the judicial process and how cases are conducted in court.
Part 1 of 3: Fences Make Good Neighbors. Property disputes are common. Unraveling a property dispute, however, can take some fancy footwork and legal wrangling. You have questions, so let me give you a few answers. There are a number of legal avenues to assert rights to property including ownership rights, possession rights, and use …
Establishing Property Ownership Rights in Property in Utah, Part 1 Read More »
The Utah Supreme Court ruled against a debtor who asserted a novel defense to repayment of a $250,000 loan in default. The case is Crapo v. Zions Bank. The debtor claimed that once the bank sent him a Form 1099-C discharging his debt, the bank could no longer attempt to collect the bad debt from …
The Utah Supreme Court Again Requires Reasonable Conduct Under the Circumstances Read More »