Blog Posts
Judicial proceedings privilege extends to an attorney’s “conduct”, not just “statements”
Historically, under Utah law, the judicial proceedings privilege has been used to “immunize[] certain statements that are made during a judicial proceeding from defamation claims.” The Utah Supreme Court has also extended the privilege beyond defamation claims to include “all claims arising from the same statements.” However, in 2012, the Utah Supreme Court, on a matter of first impression, held that the judicial proceedings privilege extended to an attorney’s “conduct” and not just his or her “statements” in the case […]
Admission to the Tenth Circuit at issue in Court’s Order to Show Cause
The Tenth Circuit Court of Appeals issued an Order to Show Cause as to why the attorney for now bankrupt Yellowstone Mountain Club LLC’s former owner should not be disciplined for failing to apply for admission to the Tenth Circuit bar. Tenth Circuit Rule 46.2(A) requires that, “Upon filing a case or entering an appearance in this court, an attorney who is not admitted to the Tenth Circuit bar must apply for admission.” According to the Order, in November 2015, an […]
Arbitration agreements cause Utah District Court to dismiss case and award attorney’s fees against plaintiff in C.R. England v. Swift Transportation Company, et al.
The issue of whether to dismiss a lawsuit on a plaintiff’s Rule 41(a)(2) motion or a defendant’s Rule 12(c) motion, and whether ordering attorney fees against a plaintiff who brought a lawsuit in the face of binding arbitration agreements is appropriate, recently came before a Utah District Court. According to the court’s opinion, the appropriate vehicle for dismissing the claims against the defendants was plaintiff’s Rule 41(a)(2) motion, and that attorney fees levied against the plaintiff were appropriate pursuant to […]
4th District Court awards sanctions against IHC for trial counsel misconduct in Wilson v. IHC Hospitals, Inc.
Following a four-day evidentiary hearing, Fourth District Court Judge Christine Johnson has imposed sanctions on IHC Hospitals, Inc., due to misconduct of its counsel JoAnn Bott (fka JoAnn Carnahan). In Wilson v. IHC Hospitals, a case litigated by Christensen & Jensen (“C&J”), Judge Johnson found that Ms. Bott “exhibited a guarded and defensive demeanor” at the evidentiary hearing, had memory lapses that “appear to be more convenient than genuine,” and at times “exhibited a lack of candor.” Judge Johnson further […]
Can you enforce a settlement agreement even if it is unsigned?
An attorney’s right to enforce an unsigned settlement agreement recently came before a Utah District Court. According to the court’s opinion, the plaintiff and the remaining defendant, through their respective counsel, engaged in settlement negotiations.
THE MEASURE OF DAMAGES FOR AN UNJUST ENRICHMENT CLAIM BY A LAWYER FOR PROFESSIONAL SERVICES IS GENERALLY THE REASONABLE VALUE OF THE LAWYER’S SERVICES (Jones v. Mackey Price)
Mr. Jones was an attorney who worked for the law firm of Mackey Price. While at the law firm, Mr. Jones began working on Fen-Phen litigation.
Utah Supreme Court Reaffirms that Attorneys Who Steal From their Clients will be Disbarred.
In In the Matter of the Discipline of Alvin R. Lundgren, 2015 UT 58, the attorney settled a workers’ compensation claim on behalf of his client.
