On Direct Appeal Chief Justice Durrant , opinion of the Court: Introduction 1 In 2005, Appellees signed credit card agreements with Federated Capital Corporation's predecessor-in-interest, Advanta Bank Corporation. The agreements included a forum selection clause and choice of law provision, ensuring that Utah procedural and substantive law would govern any dispute under the contract. The agreements required Appellees to render payment to the address specified on their periodic billing...
On Direct Appeal JUSTICE HIMONAS , opinion of the Court: INTRODUCTION 1 Fifty-six years after the death of Rufus Call Willey, founder of the R.C. Willey & Son furniture empire, two of his grandchildren, Helen Immelt and Don McBroom, sued William Child (their uncle; hereinafter Mr. Child), Sheldon Child (Mr. Child's brother), William Critchlow III (Mr. Child's attorney), and KeyBank 1 (as successor to Commercial Security Bank), alleging that they, along with Helen Barber (their...
Associate Chief Justice Lee , opinion of the Court: 1 Ellis-Hall Consultants is involved in the development of wind power projects in Southeastern Utah. The aim of these projects is to sell power to PacifiCorp through its Rocky Mountain Power division. To qualify to do so, Ellis-Hall is required to enter into and secure agency approval of a power purchase agreement. But first Rocky Mountain Power is required by governing regulations to provide "indicative pricing" to a producer seeking...
Justice Durham , opinion of the Court: AMENDED OPINION * INTRODUCTION 1 This is the second appeal arising out of a claim against Westgate Resorts under the Utah Pattern of Unlawful Activity Act. In the first appeal, we confirmed an arbitration panel's award of damages against Westgate. Westgate Resorts, Ltd. v. Consumer Prot. Grp., LLC, 2012 UT 56, 34, 289 P.3d 420 . Westgate now challenges another decision by the same panel, namely its award of attorney fees to Mr. Adel and...
Justice Durham , opinion of the Court: INTRODUCTION 1 Marcell Chilel unsuccessfully sued Kristen Simler in small claims court for physical injuries arising from an alleged automobile collision between the parties. Ms. Chilel then appealed the small claims decision to the district court, and Ms. Simler filed an answer, jury demand, and pretrial discovery requests. Ms. Chilel moved to strike Ms. Simler's jury demand and discovery requests, and the district court granted that motion....
Chief Justice DURRANT , opinion of the Court: Introduction 1 This case concerns a dispute about proprietary plans to develop a power plant. USA Power, LLC engaged in extensive work to research and develop a power plant project in Mona, Utah — its Spring Canyon "vision." It claims that this vision is a trade secret, that PacifiCorp misappropriated it, and that PacifiCorp also breached a confidentiality agreement between the parties. USA Power further claims that its water attorney, Jody...
Associate Chief Justice LEE , opinion of the Court: 1 This is an interlocutory appeal in an attorney discipline case. Attorney Brian Steffensen stands charged with committing "criminal act[s]" reflecting adversely on his honesty, truthfulness, and fitness to be a lawyer, in violation of rule 8.4(b) of the Utah Rules of Professional Conduct. The alleged "criminal act[s]" arise out of an investigation of the Utah State Tax Commission, which resulted in felony charges for failure to file a...
PER CURIAM . 1 Pursuant to Utah Code section 78A-3-102(1), this court has accepted the following certified questions of law from the United States District Court for the District of Utah: 1. In interpreting Utah Code 20A-9-101(12)(d), 20A-9-406(3) and 20A-9-406(4), does Utah law require that a Qualified Political Party (QPP) permit its members to seek its nomination by "either" or "both" of the methods set forth in 20A-9-407 and 20A-9-408, or may a QPP preclude a member from...
Chief Justice DURRANT , opinion of the Court: Introduction 1 This case presents us with the opportunity to review and apply the United States Supreme Court's recent cases on both specific and general personal jurisdiction. The question is whether Revolabs, a corporation incorporated in Delaware with its principal place of business in Massachusetts, is subject to either specific or general personal jurisdiction in Utah. The underlying dispute arose when Revolabs allegedly interfered with...
Justice DURHAM , opinion of the Court: INTRODUCTION 1 Salt Lake City Corp. (City) used its eminent domain power to condemn land owned by Evans Development Group, LLC (Evans). Rather than using the Evans property for itself, however, the City condemned the property in order to exchange it for another piece of property owned by Rocky Mountain Power. Evans appealed the district court's decision authorizing the City to exercise its eminent domain power for exchange purposes. We conclude...
Chief Justice DURRANT , opinion of the Court: Introduction 1 We are asked to decide only one issue in this case: how and when does a party acquire title to property under the doctrine of boundary by acquiescence Does title transfer by operation of law at the time the elements of boundary by acquiescence are met or by judicial decree at the time the trial court enters its order This case arises out of a boundary dispute involving Wayne Hughes and Patricia Hampton-Hughes (collectively,...
On Certiorari to the Utah Court of Appeals Justice HIMONAS , opinion of the Court: INTRODUCTION 1 After partially redacted versions of her nude pre- and post-operative photographs were aired on the evening news, Conilyn Judge filed a lawsuit against Saltz Plastic Surgery, P.C., and Renato Saltz, M.D., (collectively, Saltz) and against Fox News. The claims against Fox News were dismissed pursuant to a settlement agreement. Ms. Judge alleged five causes of action against Saltz: "(1)...
PER CURIAM . 1 Monsour Al Shammari, who is a citizen of Saudi Arabia, was arrested and charged with rape. Bail was set at $100,000, and the Royal Consulate of Saudi Arabia provided the cash funds to post bail. Shortly thereafter, Mr. Al Shammari attempted to cross the border into Tijuana, Mexico and was detained by the United States Customs and Border Patrol. When he failed to appear for a scheduled hearing in the criminal case, the district court ordered the cash bail forfeited without...
On Certiorari to the Utah Court of Appeals. Associate Chief Justice LEE , opinion of the Court: 1 Adam Jones stands charged with official misconduct under Utah Code section 76-8-201 and with witness tampering under Utah Code section 76-8-508(1). At a preliminary hearing in the district court, the magistrate judge refused to bind him over for trial. The court of appeals affirmed on appeal. We reverse. I 2 At 9:45 p.m. on March 7, 2011, Police Chief Adam Jones—one-half of the two-...
JUSTICE DURHAM , opinion of the Court. INTRODUCTION 1 This is the second appeal arising out of a claim against Westgate Resorts under the Utah Pattern of Unlawful Activity Act. In the first appeal, we confirmed an arbitration panel's award of damages against Westgate. Westgate Resorts, Ltd. v. Consumer Prot. Grp., LLC, 2012 UT 56, 34, 289 P.3d 420 . Westgate now challenges another decision by the same panel, namely its award of attorney fees to Mr. Adel and Consumer Protection Group...
Associate Chief Justice LEE , opinion of the Court: 1 This appeal arises out of a longstanding dispute between the Stephen A. Osguthorpe family and ASC Utah, Inc. The Osguthorpes own land that has long been used for sheep ranching. For many years ASC operated The Canyons ski resort on land adjacent to that owned by the Osguthorpes. By contract the Osguthorpes authorized ASC to use their land in exchange for an annual payment. That contract has been amended by the parties a number of...
Justice HIMONAS , opinion of the Court: INTRODUCTION 1 The State charged the defendant, James Cuttler, with vaginally raping and orally and anally sodomizing his then seven-year-old daughter. To bolster its case, the State sought to introduce evidence pursuant to rule 404(c) of the Utah Rules of Evidence that in 1984 and 1985 Cuttler vaginally raped and orally and anally sodomized his then eight- and ten-year-old daughters, demonstrating "a propensity to commit the crime[s] charged."...
Justice HIMONAS , opinion of the Court: INTRODUCTION 1 This case is about a demand for indemnification under the High Voltage Overhead Lines Act (HVOLA). UTAH CODE 54-8c-1 to -6. HVOLA prohibits any activity within ten feet of a high voltage overhead line unless the public utility operating the line has been notified of the "intended activity" and, together with the party responsible for the triggering activity, has implemented "mutually satisfactory" safety precautions. Id. 54-...
Justice HIMONAS , opinion of the Court: INTRODUCTION 1 "In the beginning God created the heaven and the earth," Genesis 1:1, and families have been fighting over them ever since. Today we address a conflict between five siblings over land. The eldest, Donald Rawlings, claims full ownership of farmland deeded him by his father, while his three brothers and his sister (the siblings) argue their father never intended to vest sole ownership in Donald and to their permanent exclusion. The...
Justice DURHAM , opinion of the Court: INTRODUCTION 1 Jenna Helf worked at an oil refinery operated by Chevron U.S.A. Inc. Her supervisor instructed her to add sulfuric acid to an open-air pit containing waste products from the refinery and she was injured by a poisonous gas produced by the resulting chemical reaction. Ms. Helf obtained workers' compensation benefits for her injuries. She then sued Chevron, alleging it was liable for an intentional tort because her supervisors knew that...
