Plaintiffs, a certified class of drivers employed by
Defendants Penske Logistics, LLC, and Penske Truck
Leasing Co., L.P., appeal from a judgment dismissing their
claims under California’s meal and rest break laws. The
district court held on summary judgment that the Federal
Aviation Administration Authorization Act of 1994
(“FAAAA”) preempts those state laws as appli

¶1 Plaintiffs Mark and Irene White challenge the district court’s
judgment in favor of Defendants.1 The district court granted in part
White v. Jeppson
1. (...continued)
mean Jeppson and Williams individually, unless the context
requires otherwise.
2. Defendants captioned this motion as one for judgment on the
pleadings and for summary judgment, and the district cour

John Lawton challenges the portion of the trial court’s June 29, 2012 order granting summary judgment against him on his claims asserted in his original petition against David W. Lawton, individually, as independent executor of the estate of Joseph G. Lawton, deceased, and as former agent for Joseph G. Lawton under a power of attorney. In three issues, John contends that the trial court erred in

¶1 Unicity International, Inc. (Unicity) appeals the district
court’s September 8, 2011 ruling dismissing with prejudice
Unicity’s third-party claim for attorney fees against Roger Hooban.
We affirm in part and vacate in part.
¶2 On December 2, 2008, H&H Network Services, Inc. (H&H)
filed suit against Unicity alleging breach of a distributorship
H&H Network Services,

¶1 Bryan Waterfield previously appealed to this court in State
v. Waterfield (Waterfield I), 2011 UT App 27, 248 P.3d 57. There, we
affirmed the sentence entered by the district court but remanded
for the limited purpose of definitively resolving objections
Waterfield had raised regarding his presentence investigation
report (the PSI Report). Id. ¶¶ 4, 7, 11. Waterfield now

¶1 William Tracy Fowler appeals from the district court’s entry
of summary judgment in favor of Paul Teynor and Intermountain
MRO Services, Inc. (IMRO). Fowler claims the district court erred
in finding that principles of res judicata barred his claims against
Teynor and IMRO. We affirm.
Fowler v. Teynor
20121097-CA 2 2014 UT App 66
BACKGROUND
¶2 Fowler worked a

"As we must account for every
idle word, so must we account for every idle silence." Benjamin
Franklin's words ring true for Petitioner Dione Pereira Lima, who
struggles mightily to take back his words in the proceedings below,
while simultaneously attempting to assert new claims of error. In
this challenge to a final removal order requiring him to return to
Brazil, Lima at

¶1 D. Chris Robertson appeals from his convictions on twenty
counts of sexual exploitation of a minor, each a second degree
felony. See Utah Code Ann. § 76‐5b‐201 (LexisNexis 2012).
Robertson argues that by prosecuting him after his federal
conviction for the same conduct, the State violated his
constitutional rights by placing him twice in jeopardy for the same
offen

¶1 This legal malpractice claim involves a case within a case.
Jodi Kranendonk was injured in an Oregon traffic accident. She
retained Gregory & Swapp, PLLC and Erik Highberg (the
Attorneys) to bring a negligence action against two truck drivers
Kranendonk v. Gregory & Swapp, PLLC
2. When reviewing a district court’s rulings on a summary
judgment motion, we recite all fa

State of Oklahoma v. Shane Allen Gray

Count # 1.
Count as Filed: DU8I, POSSESSION OF CDS WITH INTENT WITHIN 2000FT SCHOOL/M PARK/PUBLIC HOUSING/MINOR , in violation of 63 O.S. 2-401 F
Date Of Offense: 10/19/2012

Party Name: Disposition Information:

GRAY, SHANE ALLEN
Disposed: DEFERRED, 02/11/2013. Guilty Plea.
Count as Disposed:POSSESSION OF CDS WI

¶1 This appeal arises from litigation that has been ongoing for
more than fifteen years over a family trust. The Defendants Albert
“Skip” Heber Warner Jr. (Skip), Vernon S. Warner, and Valeen W.
Peterson (collectively, the Trustees) appeal from the district court’s
order that certain trust property be removed from the trust. They
also challenge the court’s decision to

¶ 1 Plaintiffs Lori Ramsay and Dan Smalling sued various parties based on the alleged failure of their employer, Kane County Hospital, to fund their retirement benefits at the level required by the Utah State Retirement and Insurance Benefit Act. The district court dismissed Plaintiffs’ claims for lack of jurisdiction because Plaintiffs conceded they had not exhausted their administrative remed

¶1 In this case, Christopher Carlton asks us to once again
consider both the constitutionality of the Utah Adoption Act (Act)
as well as the extent of the rights it affords to putative fathers who
wish to contest adoptions in Utah. Mr. Carlton argues first that
the Act is unconstitutional, both facially and as applied to him,
and second, that the district court erred when, bas

¶1 Following a criminal jury trial, Frank and Joan Steed (the Steeds), husband and wife, were each convicted of three counts of failure to render (file) a proper tax return and one count of engaging in a pattern of unlawful activity. They were acquitted of four counts of tax evasion and two additional counts of failure to file a proper tax return. The failure-to-file statute required proof that t

The Miccosukee Tribe of Indians of South Florida appeals from a final judgment of $4.1 million. We reverse.

FACTS AND PROCEDURAL HISTORY

This matter began when Carlos Bermudez sued two members of the Tribe, Tammy Gwen Billie and Jimmie Bert, for damages resulting from a tragic automobile accident in which a car driven by Billie and owned by Bert crashed into Bermudez’s car, killing

A Texas Theft Liability Act claim brought by the Estate of Rodney B. Killion against Equicap Investments, LLC was dismissed with prejudice for want of prosecution. Equicap had counterclaims pending against the Estate at the time of dismissal, including a breach-of-contract claim and a request for attorney’s fees

2

under the TTLA. Equicap presented evidence on its attorney’s fees

State of Oklahoma v. Danny J. Trevathan

Count # 2.
Count as Filed: RES, RESISTING AN OFFICER , in violation of 21 O.S. 268
Date Of Offense: 10/31/2012

Party Name: Disposition Information:

TREVATHAN, DANNY J
Disposed: DISMISSED, 02/13/2013. Dismissed with Costs.
Count as Disposed:RESISTING AN OFFICER (RES)
Violation of 21 O.S. 268

In late 2012, a North Carolina business called Flying Pigs, LLC, sued a North Carolina entity called RRAJ Franchising, LLC, in the Superior Court of Lenoir County, North Carolina, alleging a claim under North Carolina law. RRAJ removed that lawsuit to the Eastern District of North Carolina, asserting federal question jurisdiction pursuant to 28 U.S.C. § 1331. The district court denied Flying Pigs

This case gives this court another opportunity to analyze the meaning of a Crime Involving Moral Turpitude (“CIMT”), a provision of the Immigration and Nationality Act (“INA”), INA § 212(a)(2)(A)(i)(I); 8 U.S.C § 1182(a)(2)(A)(i)(I).2 Before we reach that issue, we must decide whether the Immigration Judge (“IJ”), as affirmed by

1 The attorneys for petitioner have been acting

This case concerns California’s generous program of home- and community-based care for developmentally disabled residents. To fund its program, California relies in large part on federal money provided under the Medicaid Act (“the Act”), 42 U.S.C. §§ 1396–1396w-5. California has reduced the funding for this program, as it has for other Medicaid-funded programs at various times, and, as i

Appellant Lethan Craig Bias pled guilty to one count of being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(e). The

* This order and judgment is not binding precedent except under the doctrines of law of the case, res judicata and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R

Seeking a bill of review, Appellant Mark Cantu petitioned the trial court to set aside its August 4, 2008 judgment against him for $1.6 million in damages for legal fees in a product liability suit claiming the wrongful death of Santa Magdalena Gonzalez. His petition alleged that Appellees Guerra & Moore, LLP, Carlos Guerra, J. Michael Moore, and David Lumber conspired to defraud him of the legal

[¶1] Timothy S. and Carole A. Tarver appeal from the district court’s order affirming
the City of Sheridan Board of Adjustments’ (Board)1 approval of Robert L. and Beverly
D. Bernards’ request for a special exemption to operate a bed and breakfast in an area
zoned residential. The Tarvers claim the Bernards’ application was barred by res
judicata, the Board was without aut

[¶1] Robert Aland requested documents related to the status of grizzly bears under the
Endangered Species Act from the Office of the Governor and the Wyoming Game & Fish
Department (collectively the State) pursuant to the Wyoming Public Records Act
(WPRA). The State provided some documents and denied access to others on grounds
that the documents were privileged under the delibera

Our commitment as Americans to the principles of liberty, due process of law, and equal protection of the laws is made live by our adherence to the Constitution of the United States of America. Historical challenges to these principles ultimately culminated in the adoption of the Fourteenth Amendment nearly one-and-a-half centuries ago. This Amendment extends the guarantees of due process and equa