Free Utah Supreme Court case summaries from Justia.
If you are unable to see this message, click here to view it in a web browser. | | Utah Supreme Court May 6, 2020 |
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Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | Should Anyone Care that Sexual Assault is “Out of Character” for Biden? | SHERRY F. COLB | | Cornell law professor Sherry F. Colb considers what people mean when they say that a sexual assault allegation seems “out of character” for a particular person and explains why that reasoning is logically flawed. Focusing on differences between how people behave publicly and privately, Colb argues that the lack of an observed pattern of sexual misconduct is not evidence that a person did not engage in sexual misconduct on a specific occasion. | Read More |
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Utah Supreme Court Opinions | Chamberlain v. Golds Gym International, Inc. | Citation: 2020 UT 20 Opinion Date: May 4, 2020 Judge: Pearce Areas of Law: Contracts | The Supreme Court affirmed the decision of the district court denying the motion for attorney fees filed by Gold's Gym International, Inc. after it prevailed in a suit filed by members of a limited liability company (members) that had licensed Gold's Gym's name to operate a fitness center, holding that the issues properly before the Court did not convince the Court that the district court erred. In denying attorney fees, the district court reasoned that the members, as individuals, were not parties to the license agreement between Gold's Gym and the LLC that contained the fee provision and that the members' claims did not relate to or arise out of that agreement. On appeal, Gold's Gym argued that if someone who is not a party to a contract tries to enforce its terms, it must also assume the risks and obligations that the contract imposes. The Supreme Court affirmed without reaching the merits of the issue, holding (1) issues of preservation and waiver precluded the Court from reaching the heart of Gold's Gym's argument on appeal; and (2) Gold's Gym's remaining arguments were unavailing. | |
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