Lien Foreclosure Action Reversed-Construction Industry Appeal

lien foreclosure law

Zack Peterson February 2015 Pentalon v. Rymark http://www.utcourts.gov/opinions/appopin/pentalon150205.pdf The Court of Appeals reversed the district court’s grant of summary judgment in favor of the lender in a mechanics’ lien foreclosure action.  The district court ruled that excavations for footings and foundations were not sufficient improvements to constitute commencement of work under the 2008 version of… Read more »

UIM Coverage Under Automobile & Umbrella Policy

UIM coverage

February 2015 Kingston v. State Farm http://www.utcourts.gov/opinions/appopin/kingston150205.pdf The Court of Appeals affirms the district court’s grant of summary judgment to State Farm on a question of UIM coverage under an automobile policy and a separate umbrella policy. The substitution of a vehicle and an automatic renewal of a policy do not constitute “new policies” which… Read more »

Utah One of the Leading States for Advanced Industries Employment

advanced industries employment

February 2015 A recently released report from the Brookings Institution entitled “America’s Advanced Industries: What They Are, Where They Are, and Why They Matter” highlights the strength and diversity of Utah’s economy.  The report defines an industry as an “advanced industry” if it meets two criteria: 1) the industry spends heavily in research and development… Read more »

Protecting Your Intellectual Property in a Distribution Contract

intellectual property law

February 2015 In a case still unfolding in United States District Court for the District of Utah, there is a lesson to be learned for all who want to ensure protection of their intellectual property. In December 2013, the U.S. District Court for the District of Utah granted partial summary judgment in favor of the… Read more »

NHTSA Grants Petition for Inconsequential Determination

inconsequential determination

January 2015 Richards Brandt clients China Manufacturers Alliance, LLC (“CMA”) and Double Coin Holdings Ltd Obtain Favorable Outcome on Petition for Inconsequential Determination Before the National Highway Safety Traffic Administration (“NHTSA”). Double Coin is one of the world’s largest manufacturers of truck, industrial, and off-the-road tires.  CMA is the North American subsidiary of Double Coin…. Read more »

Utah Workers’ Compensation: The Important Distinction Between Accident and Disease

January 2015 What is an industrial accident? The answer to this question is of paramount importance to both employers and injured workers in Utah. The amount of benefits available to an injured worker, and potentially owed by an employer, are directly impacted by whether an industrial injury is classified as an “industrial accident” under the Utah Workers’ Compensation Act, or an “occupational disease” under the Utah Occupational… Read more »

Restoring Public Access to Public Waters

September 2014 Utahns have a rich history of using their public waters (i.e., waters flowing in or impounded on rivers and streams) in place for a wide variety of purposes.  Prior to the arrival of Mormon pioneers in 1847, Native Americans, mountain men and other intrepid souls fished Utah’s waters for sustenance and, at times,… Read more »

Good News for Small Nonprofits…Easy 501(c)(3) Filing Under 1023EZ

501(c)(3)

July 2014 IRS Announces Simplified Application for Small Charities Applying for 501(c)(3) Starting July 1, 2014, small charities may be eligible to apply for tax exempt status by filing the Internal Revenue Service’s new Form 1023-EZ. Until recently, all non-profit organizations seeking tax-exempt status under 501(c)(3) were required to: pay the $850 filing fee; complete the 26… Read more »

Petitions for Writ of Certiorari – Utah Court of Appeals

Zack Peterson August 2014, Updated September 2014 In any given year, the Utah Court of Appeals issues in excess of 300 published decisions and this number is often close to, if not in excess of, 400 opinions. This means that 200 parties in a given year leave Utah’s intermediate appellate court with a feeling of… Read more »

The “Gang of 8” Senators Release the Border Security, Economic Opportunity and Immigration Modernization Act of 2013

April 2013 After months of debate, negotiations and speculation, the “Gang of 8,” made up of eight Republican and Democratic senators charged with the task of composing an immigration reform bill, has released its much-anticipated proposal. On Wednesday, April 17, the 844-page bill (titled the “Border Security, Economic Opportunity and Immigration Modernization Act of 2013“)… Read more »