third element claim (Utah) · Go Syfert
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third element claim in Utah

5 Utah opinions name it 2 courts 1983–2024 2 in the last five years

The cases below were cited by Utah courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Ravarino v. Pricegreen
utah · 1953 · cited in 1 Utah opinions naming this issue, 1983–1983
2 sentences

1983E.g., Ravarino v. Price, 123 Utah 559, 575 , 260 P.2d 570, 578 (1953) (part performance must be “clearly referable” to contract).

1983E.g., Ravarino v. Price, 123 Utah 559, 575 , 260 P.2d 570, 578 (1953) (part performance must be “clearly referable” to contract).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Haskell v. Wakefield and Associates green
utahctapp · 2024
1 sentence

2024As noted, the third element of claim preclusion is that “the first suit must have resulted in a final judgment on the merits.” Mack v. Utah State Dep’t of Com., 2009 UT 47, ¶ 29 , 221 P.3d 194 (quotation simplified). 20230243-CA 10 2024 UT App 123 Haskell v. Wakefield & Assocs. id. ¶ 11.

12024–2024
MacK v. Utah State Department of Commerce green
utah · 2009
2 sentences

2024As noted, the third element of claim preclusion is that “the first suit must have resulted in a final judgment on the merits.” Mack v. Utah State Dep’t of Com., 2009 UT 47, ¶ 29 , 221 P.3d 194 (quotation simplified). 20230243-CA 10 2024 UT App 123 Haskell v. Wakefield & Assocs. id. ¶ 11.

2024As noted, the third element of claim preclusion is that “the first suit must have resulted in a final judgment on the merits.” Mack v. Utah State Dep’t of Com., 2009 UT 47, ¶ 29 , 221 P.3d 194 (quotation simplified). 20230243-CA 10 2024 UT App 123 Haskell v. Wakefield & Assocs. id. ¶ 11.

12024–2024
In re Gestational Agreement green
utah · 2019
2 sentences

2021And we established specific elements that must be established for a court to exercise jurisdiction over a case that has become moot—a showing that the issue in question “(1) . . . affects the public interest, (2) is likely to recur, and (3) because of the brief time that any one litigant is affected, evades review.” Id. ¶ 32. _____________________________________________________________ 18 See also In re Gestational Agreement, 2019 UT 40, ¶ 12 , 449 P.3d 69 (“‘[J]udicial power’ in Utah has traditionally been limited to the adjudication of disputes, and where no dispute between opposing parties

2021And we established specific elements that must be established for a court to exercise jurisdiction over a case that has become moot—a showing that the issue in question “(1) . . . affects the public interest, (2) is likely to recur, and (3) because of the brief time that any one litigant is affected, evades review.” Id. ¶ 32. _____________________________________________________________ 18 See also In re Gestational Agreement, 2019 UT 40, ¶ 12 , 449 P.3d 69 (“‘[J]udicial power’ in Utah has traditionally been limited to the adjudication of disputes, and where no dispute between opposing parties

12021–2021
United States v. David Hernandez green
ca7 · 1996
2 sentences

2004Hernandez, 84 F.3d at 935 . ¶12 Here, because Rees had been convicted for the prior act in question, we may assume that the State satisfied the third element of the standard.

2004Hernandez, 84 F.3d at 935 . ¶ 12 Here, because Rees had been convicted for the prior act in question, we may assume that the State satisfied the third element of the standard.

12004–2004
Beaver v. Qwest, Inc. green
utah · 2001
1 sentence

2002Accordingly, because the district court dismissed for lack of jurisdiction, we conclude that the extra-contractual claims were never dismissed "on the merits." See, e.g., Beaver County, 2001 UT 81 at ¶ 19 , 34 P.3d 1147 . 163 Therefore, the USAA defendants never established the third element of claim preclusion.

12002–2002

Where else courts name it

TX 36 (1990–2026) CA 24 (1953–2026) OH 14 (1997–2022) WI 13 (1974–2024) IL 10 (1985–2026) NC 9 (1990–2019) WA 9 (2007–2025) CT 6 (1995–2021) MI 6 (1989–2025) MN 6 (1992–2025) ID 6 (1995–2020) NY 6 (1973–2024) ME 6 (1992–2021) OR 5 (1999–2025) UT 5 (1983–2024) CO 4 (1998–2025) NM 4 (2013–2013) MD 4 (1969–2026) NJ 4 (1984–2021) IA 4 (1980–2023) PA 4 (1983–2025) GA 4 (1990–2026) FL 3 (1988–2003) HI 3 (1995–2012) KY 3 (2021–2025) SD 2 (2010–2026) WY 2 (2012–2016) NE 2 (1993–2016) OK 2 (2005–2021) AR 2 (1990–1996) MO 2 (1994–2007)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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