8 results for 'judge:"Pearce"'.
J. Pearce finds that the trial court properly applied Utah's postjudgment interest rate to a Hawaii court's award once the judgment was domesticated in Utah. Also, the parties' underlying contract did not call for the application of Hawaii's postjudgment interest rate and principles of comity do not overried the requirements of the Foreign Judgment Act. Affirmed.
Court: Utah Supreme Court, Judge: Pearce, Filed On: March 7, 2024, Case #: 20230285, Categories: Damages, Enforcement Of Judgments
J. Pearce finds that the district court improperly denied an adoptee’s petition to unseal her birth parents’ records. The adoptee argues knowing the identity of her parents was necessary so the child could know health, genetic or social information about her family. The district court concluded she had failed to establish good cause for the records, but focused solely on the mother’s privacy. This case is remanded to evaluate the motion and correctly balance the weight of the mother’s privacy with why the adoptee wants the records. Reversed.
Court: Utah Supreme Court, Judge: Pearce, Filed On: February 22, 2024, Case #: 20221097, Categories: Family Law, Public Record, Privacy
J. Pearce finds that the trial court properly held that the Labor Commission has exclusive jurisdiction over this workers' compensation reimbursement dispute. While trial courts have jurisdiction over some reimbursement claims, this dispute involves questions that only the Commission can resolve, such as the extent to which workplace injuries caused claimant's medical conditions. Affirmed.
Court: Utah Supreme Court, Judge: Pearce, Filed On: September 28, 2023, Case #: 20220471, Categories: Debt Collection, Jurisdiction, Workers' Compensation
J. Pearce finds that the district court did not err in holding that the state constitution gave it the discretion to grant defendant bail even though he was charged with a felony while on probation. The constitution guarantees bail to all those charged with a crime except for individuals in three circumstances, including defendant's. Because he is a double felony defendant he is not guaranteed the right to post bail. But the voters who passed a 1988 constitutional amendment changing the bail provision understood that judges would maintain discretion to grant bail to double felony defendants. Affirmed.
Court: Utah Supreme Court, Judge: Pearce, Filed On: September 21, 2023, Case #: 20220636, Categories: Constitution, Bail
J. Pearce finds that the appeals court properly concluded that trial counsel did not err in deciding not to seek a directed verdict in an aggravated arson case. Counsel did not have controlling precedent to assure he would succeed with an argument that the structure defendant burned was not an habitable structure. And counsel's decision to cross-examine a state witness instead of objecting to improper testimony was reasonable. Affirmed.
Court: Utah Supreme Court, Judge: Pearce, Filed On: August 17, 2023, Case #: 20220297, Categories: Evidence, Ineffective Assistance, Arson
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J. Pearce finds that the trial court properly dismissed a patient's respondeat superior claim against the medical practice that employed a physician assistant she said sexually assaulted her, as the medical practice did not hire him to perform sexual acts. Also, the Physician Assistant Act does not create vicarious employer liability for acts outside the scope of employment any more than a claim based on respondeat superior liability would. Affirmed.
Court: Utah Supreme Court, Judge: Pearce, Filed On: June 29, 2023, Case #: 20210873, Categories: Medical Malpractice, Assault
J. Pearce finds that the Supreme Court lacks jurisdiction to review non-final decisions by the Public Service Commission about how to calculate the export credit rate it applies to the excess power generated by utility customers' solar panels. However, the Commission's decision to have the credits expire annually is final and reviewable. Utility customers who generate more electricity than they consume may be treated differently than other ratepayers, and the annual expiration of credits is supported by substantial evidence that allowing the credits to roll over each year would encourage customers to buy excess generating capacity in order to sell more power to the utilities. Affirmed.
Court: Utah Supreme Court, Judge: Pearce, Filed On: June 22, 2023, Case #: 20210041, Categories: Administrative Law, Energy
J. Pearce finds that a mother's appeal of a parental rights termination was timely. Under statute, any party that files a timely appeal starts a new five-day period for any other party, so the father's timely appeal of the termination of his rights extended the 15-day deadline by five days. Reversed.
Court: Utah Supreme Court, Judge: Pearce, Filed On: June 8, 2023, Case #: 20220580, Categories: Civil Procedure, Family Law