Trump’s Statue Garden

MICHAEL C. DORF

Cornell law professor Michael C. Dorf comments on a recent Executive Order issued by President Trump calling for the creation of a “National Garden of American Heroes.” Dorf argues that we should recognize the Executive Order for the distraction that it mostly is and points out some of the Order’s fallacies, ambiguities, and inconsistencies.

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Trapnell & Associates, LLC v. Legacy Resorts, LLC

Citation: 2020 UT 44

Opinion Date: July 6, 2020

Judge: Pearce

Areas of Law: Civil Procedure, Real Estate & Property Law

In this appeal arising from a dispute between lien holders regarding the distribution of the money a foreclosure sale of Zermatt Resort had generated the Supreme Court vacated the decision of the court of appeals concluding that it had jurisdiction to resolve a procedural matter and affirming the district court, holding that the court of appeals did not have jurisdiction to resolve the matter. After the district court entered its final judgment in this matter but before the time to appeal expired Trapnell & Associates, LLC purchase the plaintiff's interest in the litigation. Trapnell filed a notice under Utah R. Civ. P. 17 that it was a real party in interest and, on that same day, lodged a notice of appeal. The court of appeals noted that it would have been better had Trapnell filed a motion invoking Utah R. Civ. P. 25(c) instead of a notice invoking rule 17 but ruled on the merits of Trapnell's arguments, concluding that because Trapnell had intended to become a party and the district court had treated Trapnell as a party, Trapnell had become a party. The Supreme Court vacated the court of appeals' decision, holding that the court of appeals erred in concluding that Trapnell had properly substituted into this matter.

State v. Malo

Citation: 2020 UT 42

Opinion Date: July 6, 2020

Judge: Himonas

Areas of Law: Criminal Law

The Supreme Court affirmed the decision of the district court denying Appellant's expungement petition, holding that the district court did not abuse its discretion in denying the petition. Appellant was charged with one count of unlawful sexual conduct with a sixteen or seventeen year old. Before trial, because the complaining witness was unavailable for trial, the district court granted the State's motion to dismiss the case without prejudice. Seven months later, Appellant filed his expungement petition. The district court denied the petition on the basis that Appellant had failed to establish by clear and convincing evidence that his expungement was not be contrary to the public interests. The Supreme Court affirmed, holding that the district court did not err in the way it handled the matter or in its decision to deny Appellant's expungement petition.

Christensen v. Utah State Tax Commission

Citation: 2020 UT 45

Opinion Date: July 6, 2020

Judge: Pearce

Areas of Law: Government & Administrative Law

The Supreme Court reversed the order of the district court denying the Utah State Tax Commission's motion to dismiss Gail and Margaret Christensens' petition seeking judicial review of an order of an administrative law judge (ALJ) requiring Gail to pay income tax and interest on income he earned while working in the Republic of Angola, holding that the Christensens did not exhaust their administrative remedies prior to seeking judicial review. Gail did not file Utah tax returns for the three years he was working in Angola. The Auditing Division of the Commission ordered Gail to pay his taxes, along with interest and penalties. Gail challenged that decision, and an ALJ ordered him to pay taxes and interest but not a penalty. Gail did not request a formal hearing before the Commission but, instead, sought review of the order, along with his wife, in the district court. The Commission moved to dismiss the petition on the grounds that the district court lacked jurisdiction. The district court denied the motion to dismiss. The Supreme Court reversed, holding that, by failing to request a formal hearing, the Christensens did not exhaust their administrative remedies, as required by the Utah Administrative Procedures Act.

Pinney v. Carrera

Citation: 2020 UT 43

Opinion Date: July 6, 2020

Judge: Matthew B. Durrant

Areas of Law: Personal Injury

In this automobile accident case, the Supreme Court affirmed the decision of the court of appeals affirming the district court's general-damages award granted to Plaintiff, holding that Plaintiff satisfied the requirements of Utah Code 31A-22-309 and that the district court correctly denied Defendant's new trial motion. On appeal, Defendant argued (1) Plaintiff failed to satisfy the requirements set forth in section 31A-22-309, a prerequisite to receiving general damages in most automobile accident cases, because Plaintiff did not show that she sustained a "permanent disability or permanent impairment based upon objective findings"; and (2) under Utah R. Civ. P. 59, a new trial on the amount of damages should be granted because the award of general damages Plaintiff was awarded was excessively disproportionate to the economic damages awarded. The court of appeals affirmed. The Supreme Court affirmed, holding (1) the court of appeals did not err in interpreting the phrase "objective findings"; and (2) the court of appeals did not err in affirming Plaintiff's damage award because the award was supported by sufficient evidence and was not so excessive as to appear to have been given under the influence of passion or prejudice.