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In a Dissolution of Marriage, What Assets Should Be Considered Marital and Subject to Equitable Division?

Accrued earnings or appreciation of nonmarital assets during the marriage are presumed marital unless the party seeking the classification of the growth as nonmarital proves the growth is readily identifiable.

By T. Thomas Metier

/ 27 Jul 2017

How Far will Ford Motor Company and its Dealers Go?

An $18,000 Ford Fusion. An engine light. A shaking, sputtering, and jerking. A history of problems. Multiple complaints. Two wrecks. A repossession. 6 years. And thousands of dollars. That’s what large companies do. They fight and fight and fight. They spend money in order to…

By Jon Lewis

/ 25 Jul 2017

Is Laches Available as a Defense to A Long-Overdue Spousal Maintenance Award?

Allowing laches as a defense in maintenance only cases would encourage prompt assertion of the claim which could grow exponentially over time.

By T. Thomas Metier

/ 25 Jul 2017

How Much Warning Is Enough in a Pharmaceutical Products Liability Claim?

For more than 50 years, the FDA never required Clomid to carry warnings suggesting birth defects associated with Clomid use prior to pregnancy.

By T. Thomas Metier

/ 23 Jul 2017

The Opioid Epidemic in Utah

Deaths due to drug overdoses are an epidemic in Utah. But not all deaths are caused by illegal drugs. Many are also caused by prescription errors and improper pain management practices.

By Legal Examiner Staffer

/ 21 Jul 2017

Was the Misuse of a Jack to Blame in a Wrongful Death Lawsuit Against BMW?

The Eighth Circuit Court of Appeals agreed with BMW and the district court that a reasonable jury would have to conclude that Lindholm misused the jack.

By T. Thomas Metier

/ 21 Jul 2017

Taxotere Hair Loss Lawsuits Move Forward

Plaintiffs involved in litigation revolving around permanent hair loss from the cancer drug Taxotere recently learned the first case in their multi-district litigation has been set for trial in September 2018. The plaintiffs involved in the litigation have claimed that they were not warned…

By Joseph H. Saunders

/ 20 Jul 2017

Is a Contract Formed at Agreement, Modification or By Payment Adjustments?

After looking at all the facts, the Tenth Circuit Court of Appeals said there were still questions as to when exactly the contract was formed, which was for a jury to determine.

By T. Thomas Metier

/ 20 Jul 2017

Negligent Credentialing

The claim for negligent credentialing in Utah medical malpractice raises some interesting legal issues for patients and their families.

By Legal Examiner Staffer

/ 19 Jul 2017

Was this Court Correct to Not Enforce an Administrative Subpoena Issued By the EEOC?

The EEOC did not meet the necessary burden of showing why the information it was looking for was important; the Court had not abused its discretion when it denied help enforcing the subpoena.

By T. Thomas Metier

/ 19 Jul 2017

Salt Lamps – Savior or Sham?

Himalayan salt lamps have become very popular around the world, especially in eastern cultures where they originated. The reason they have become so popular, is because of claims of health benefits which range from air purification, increased blood circulation, increased cerebral serotonin levels, i

By Bret Hanna

/ 18 Jul 2017

Should Nebraska Adopt the Loss of Chance Doctrine in Medical Malpractice Cases?

What the damages were and why the Cohans suffered them were questions of fact for a jury to determine.

By T. Thomas Metier

/ 18 Jul 2017