News: Geoff Haslam, Kristen Kiburtz, and Jeremy Stuart Prevail in Slip and Fall Case Involving a Flashlight
// Jan 12, 2017
C&J attorneys Geoffrey C. Haslam, Kristen C. Kiburtz, and Jeremy S. Stuart recently prevailed on appeal in a premises liability case involving a slip and fall on a flashlight at a Megaplex Theater. On appeal, the plaintiff argued that the district court erred in granting summary judgment because he alleged their was a dispute over when the theater was inspected in relation to the time he slipped on the flashlight and fell. The Utah Court of Appeals disagreed, siding with the arguments made by the C&J attorneys. Ultimately, the court of appeals found that even if there was a dispute as to the exact time when the theater was inspected in relation to the fall, that fact was "not material to the resolution of the underlying legal issue in this case," which is whether the flashlight "had been [on the floor] for an appreciable time." Because the plaintiff could not present any evidence "about how the flashlight came to be on the floor or how long it might have been on the floor before the accident," the court of appeals said there was "no basis for a jury to determine the amount of time the flashlight was on the floor before the accident." As a result, the court of appeals concluded that the plaintiff had failed to demonstrate a genuine issue of fact as to the element of constructive notice, and denied the plaintiff's appeal. Congratulations to Geoff, Kristen, and Jeremy on their victory for their client. Read the court of appeals' full opinion here,
Nate Alder champions design innovation to help basic consumers get through the legal system
// Jul 6, 2017
As Governing Council for the ABA's Center for Innovation, Nathan Alder comments that BYU's LawX's program, combining a high-tech approach with the goal of building fairness in the law was both timely and noble.
Rebecca Hill & Bryson Brown win summary judgment motion in insurance coverage case
// Jun 23, 2017
Rebecca Hill and Bryson Brown recently won summary judgment in United States District Court on behalf of an insurance company which was relieved of any duty to defend an insured for intentional and/or criminal acts.
After Experience with the Tribune, Karra Porter offers antitrust insight on the Chicago Sun Times purchase
// Jun 23, 2017
Karra Porter was interviewed today by Global Competition Review in Washington, D.C., about the antitrust implications of competing bids to buy the Chicago Sun Times. Karra was lead counsel in the antitrust lawsuit that facilitated last year’s purchase of the Salt Lake Tribune by local owners.