39 results for 'judge:"Oliver"'.
J. Oliver finds that the trial court rightly refused to set aside a $529,000 default judgment in a contract case. Defendant's employee's decision to treat an email from its registered agent as spam was not inadvertence or excusable neglect and defendant failed to show it had exercised due diligence. Affirmed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: September 28, 2023, Case #: 20220666-CA, Categories: Contract
J. Camara holds that the trial court erred in arresting judgment after entering a first-degree aggravated kidnapping conviction, which relied on a finding of risk of bodily injury. The jury had relied on sufficient evidence that the victim faced a risk of bodily injury to support the conviction. Defendant dragged her across several lanes of a busy street at night as she struggled to escape, even if he waited for cars to pass. Reversed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: September 21, 2023, Case #: 20210668-CA, Categories: Kidnapping
J. Oliver finds that the trial court properly held that the individual tenant who signed a commercial lease on behalf of a non-existent company is responsible for unpaid rent. And the individual tenant's personal petition for bankruptcy was a material default under the plain terms of the lease. The landlord is awarded attorney fees on appeal. Affirmed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: September 14, 2023, Case #: 20210655-CA, Categories: Property, Attorney Fees, Contract
J. Oliver finds that the district court improperly dismissed a borrower's claim that a lender's attempt to foreclose on his property was barred by the statute of limitations. The suit named as the defendant an entity that was an internal asset designation used by Bank of America, but the motion for summary judgment was filed by Bank of America, which was not a named defendant and was never a party to the case. Reversed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: August 17, 2023, Case #: 20210409-CA, Categories: Civil Procedure, Real Estate, Banking / Lending
J. Oliver finds that the trial court rightly dismissed derivative and direct claims stemming from the alleged breach of a company operating agreement for failure to prove damages. The determination by an appointed special litigation committee that no interest was due on a conversion claim must stand since the trial court found that the committee had met all statutory requirements. On remand, the trial court must allocate requested attorney fees between successful and unsuccessful claims. Affirmed in part.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: July 6, 2023, Case #: 20210566-CA, Categories: Corporations, Conversion, Attorney Fees
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Oliver finds that counsel's failure to investigate a witness prejudiced defendant and requires the reversal of his kidnapping, robbery and firearms convictions. Counsel's strategy would have been much improved with details from defendant's housemate about the circumstances surrounding the alleged kidnapping, particularly statements the housemate made later about the alleged victim not being distressed or restrained in any way. Reversed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: July 6, 2023, Case #: 20210167-CA, Categories: Ineffective Assistance, Kidnapping, Witnesses
J. Oliver reverses the district court decision to bar evidence of damages on contract, misrepresentation and other claims since defendants failed to brief the issue on appeal. Defendants also failed to create a reviewable brief of their challenge to the district court imposition of terminating sanctions for discovery violations. Reversed in part.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: July 6, 2023, Case #: 20210726-CA, Categories: Sanctions, Discovery, Contract
J. Oliver finds that the termination of a father's parental rights was not supported by clear and convincing evidence that termination was in his child's best interest. The trial court did not make any findings that the child's current living situation that includes visitation with father is not healthy and stable, or that the situation will change if she is not adopted by her stepfather. Reversed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: June 15, 2023, Case #: 20210942-CA, Categories: Family Law
J. Oliver grants the employer's motion for partial judgment on the pleadings, ruling two comments made by supervisors are insufficient to support the white male employee's claims of sex and race discrimination and do not show any bias on the part of the company. Meanwhile, the intentional tort claim based on allegations the employee was infected with Covid-19 after the employer allowed two sick individuals to finish their shifts without proper safety equipment must also be dismissed because there is no evidence the employer wanted to injure the worker.
Court: USDC Northern District of Ohio, Judge: Oliver, Filed On: June 14, 2023, Case #: 1:22cv1333, NOS: Fair Labor Standards Act - Labor, Categories: Evidence, Covid-19, Employment Discrimination