Justia Utah Supreme Court Opinion Summaries

In this, the second appeal arising out of a lawsuit against Westgate Resorts alleging violations of the Utah Pattern of Unlawful Activity Act, Westgate challenged an arbitration panel’s award of attorney fees to Shawn Adel and Consumer Protection Group, LLC (collectively, CPG). In the first appeal, the Supreme Court confirmed the panel’s award of damages against Westgate. Here, Westgate argued, inter alia, that the arbitration panel had no authority to award attorney fees for the court proceedings that confirmed the panel’s decision on the merits. The Supreme Court affirmed, holding (1) the panel’s award of fees for court proceedings confirming the panel’s own decisions is void because the Utah Uniform Arbitration Act does not authorize attorney fees for such proceedings; (2) the Utah Pattern of Unlawful Activity Act allows the panel’s award of attorney fees expended during arbitration; and (3) CPG is entitled to attorney fees for this appeal. View "Westgate Resorts, Ltd. v. Adel" on Justia Law

Gloria and Thomas Shakespeare, GLOCO, LC, and Atlas Tower, LLC (collectively, Shakespeares) applied for permission from the Board of Trustees of the Fort Pierce Industrial Park Phases II, III & IV Owners Association (Association) to construct a cell phone tower on a lot located along River Road in the Fort Pierce Industrial Park (industrial park). The Association denied the application. When the Shakespeares proceeded to construct the cell phone tower, the Association brought suit, alleging that the Shakespeares breached the covenants, conditions, and restrictions (CC&Rs) of the industrial park. After a bench trial, the district court held that the Board did not have the right to limit the number of cell phone towers in the industrial park. The Supreme Court reversed, holding (1) the district court erred in strictly construing the CC&Rs in favor of the free and unrestricted use of property rather than applying neutral principles of contract construction; and (2) the Board had sufficient authority under the CC&Rs to deny the Shakespeares’ application. View "Fort Pierce Ind. Park Phases II, III & IV Owners Ass’n v. Shakespeare" on Justia Law

Trans-Western filed an amended complaint in federal district court asserting claims against U.S. Gypsum for breach of an oil and gas lease and breach of the covenant of quiet enjoyment. The district court found that U.S. Gypsum had wrongfully rescinded the lease and that the rescission constituted a breach of contract and a breach of the covenant of quiet enjoyment. The court awarded nominal damages of one dollar to Trans-Western. The parties appealed. The Tenth Circuit Court of Appeals certified to the Supreme Court the question of how to measure expectation damages for the breach of an oil and gas lease. The Supreme Court answered (1) expectation damages for the breach of an oil and gas lease are measured in much the same way as expectation damages for the breach of any other contract; (2) damages may include general and consequential damages; and (3) trial courts may allow the use of post-breach evidence to help establish and measure expectation damages. View "Trans-Western Petroleum, Inc. v. U.S. Gypsum Co." on Justia Law

Plaintiff filed suit against defendant in small claims court for physical injuries arising from an alleged automobile collision between the parties. Defendant subsequently filed a petition to appeal the district court's grant of plaintiff's motion to strike defendant's jury demand and discovery requests. The court concluded that the Utah Constitution guarantees the right to a jury trial in small claims cases in a trial de novo in district court, and that defendant properly asserted that right. The court did not reach the merits of defendant's discovery arguments because they were not properly preserved. Accordingly, the court affirmed in part and reversed in part. View "Chilel v. Simler" on Justia Law

Petitioner owns a vacant parcel adjoining respondent's parcel. Petitioner had failed to visit or inspect his property for a twenty-six year period and, during that time, respondent had occupied her parcel such that it encroached into petitioner's vacant parcel. Petitioner sought to quiet title as to the disputed stripe created by fence encroachment. Respondent claimed title under the doctrine of boundary by acquiescence. The court of appeals affirmed the district court's grant of summary judgment in favor of respondent. The court held that the occupation element in the court's boundary by acquiescence doctrine does not require a claimant to prove occupancy on both sides of a visible line. Instead, a claimant must show occupation up to a visible line on his or her property only. Because respondent occupied her property up to the fence for over twenty years, she satisfied the occupation element. Accordingly, the court affirmed the judgment. View "Anderson v. Fautin" on Justia Law

Attorneys in Utah representing injured workers in workers’ compensation claims receive their fees out of the compensation awarded to the worker. IWA challenged the statute delegating the authority to regulate these fees to the Labor Commission and the Labor Commission's fee schedule. The court held that the regulation of attorney fees is included within the power to govern the practice of law. Because the Utah Supreme Court is vested with exclusive inherent and constitutional authority to govern the practice of law - and the court cannot under the separation-of-powers doctrine delegate the regulation of attorney fees to the legislature or the Commission - the court held the Commission’s fee schedule and its authorizing statute unconstitutional. The court declined to enact a fee schedule regulating the fees of injured workers' attorneys at this time. View "Injured Workers Ass'n of Utah v. State" on Justia Law

USA Power, LLC developed a power plant project in Mona, Utah called the “Spring Canyon vision.” Meanwhile, PacifiCorp entered into negotiations to purchase USA Power’s Spring Canyon assets, and USA Power provided PacifiCorp with details on the entire project. PacifiCorp terminated the negotiations, however, and began construction on a power plant project in Mona that was very similar to the Spring Canyon project. PacifiCorp also retained Jody Williams, USA Power’s former attorney, to help it obtain water rights for its project, called the Currant Creek project. USA Power brought suit against Williams, asserting malpractice claims for Williams’s alleged breach of her fiduciary duties of confidentiality and loyalty, and against PacifiCorp, alleging misappropriation of USA Power’s trade secrets. The trial court granted summary judgment for Defendants. The Supreme Court reversed. On remand, the jury returned a special verdict against PacifiCorp and Williams. The trial court reduced the unjust enrichment award against PacifiCorp, granted Williams’s judgment notwithstanding the verdict motion for lack of evidence related to causation, and determined that USA was entitled to attorney fees. Both parties appealed. The Supreme Court affirmed the trial court’s rulings as to each issue presented on appeal, holding that the court did not err in its judgment. View "USA Power, LLC v. PacifiCorp" on Justia Law

Plaintiff was seriously injured during the course of his employment with Defendant. Plaintiff filed suit alleging that Defendant’s negligence caused his injuries. Defendant moved for summary judgment asserting that it was immune from suit under the exclusive remedy provision of the Utah Workers’ Compensation Act. The district court granted the motion, determining that Defendant qualified for immunity under the “eligible employer” statute. The court of appeals reversed, concluding that Defendant did not “secure the payment” of workers’ compensation benefits for Plaintiff as required by the statute. The Supreme Court reversed, holding that Defendant qualified as an “eligible employer” under the workers’ compensation statutes and fulfilled all of the statutory requirements. View "Nichols v. Jacobsen" on Justia Law

The United States District Court for the District of Utah certified questions of law to the Supreme Court regarding Qualified Political Parties (QPP). The first question asked whether Utah law requires that a QPP permit its members to seek its nomination by either or both of the methods set forth in Utah Code 20A-9-407 and 20A-9-408 or whether a QPP may preclude a member from seeking the party’s nomination by gathering signatures under section 20A-9-408. The second question asked whether the Lieutenant Governor must treat a registered political party (RPP) that has selected to be designated as a QPP as a RPP under Utah law. The Supreme Court answered (1) Utah Code 20A-9-101 requires that QPP party members may choose the method of candidacy qualification; and (2) the certified question regarding the Lieutenant Governor’s obligations is hypothetical and not ripe for decision. View "Utah Republican Party v. Cox" on Justia Law

Plaintiff ClearOne is a Utah corporation and Defendant Revolabs is a competitor incorporated in Delaware with its principal place of business in Massachusetts. The underlying dispute arose when Revolabs recruited and hired Timothy Mackie while he was still employed by ClearOne. ClearOne brought this suit in Utah district court, alleging intentional interference with a contractual relationship, predatory hiring, and aiding and abetting a breach of fiduciary duty. Revolabs filed a motion to dismiss for lack of personal jurisdiction. The trial court granted the motion. The Supreme Court affirmed, holding (1) ClearOne failed to allege that Revolabs had sufficient minimum contacts to subject it to specific personal jurisdiction in Utah; and (2) the trial court did not abuse its discretion in denying discovery to determine whether Revolabs was subject to general personal jurisdiction in Utah. View "ClearOne, Inc. v. Revolabs, Inc." on Justia Law