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8 Utah opinions name it 2 courts 1910–2020 0 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.
| Case | Followed | Cited |
|---|---|---|
Nebeker v. Summit Countygreen2 sentences2015See Nebeker v. Summit County, 2014 UT App 244, 127 , 338 P.3d 203 ("Even if a careful analysis of [pertinent case law] might convince us that the facts of this case mandate one result or the other, we will not conduct that analysis on a party's behalf." (citation and internal quotation marks omitted)). 2015See Nebeker v. Summit County, 2014 UT App 244, 127 , 338 P.3d 203 ("Even if a careful analysis of [pertinent case law] might convince us that the facts of this case mandate one result or the other, we will not conduct that analysis on a party's behalf." (citation and internal quotation marks omitted)). | 1 | 2 |
Bunch v. Coachella Valley Water Districtgreen2 sentences1990See Gertz v. Welch, 680 F.2d 527, 533 (7th Cir.1982), cert. denied, 459 U.S. 1226 , 103 S.Ct. 1233 , 75 L.Ed.2d 467 (1983); York Typo Union No. 242 v. Maple Press Co., 442 F.Supp. 511, 517 (M.D.Pa.1977); Bunch v. Coachella Valley Water Dist., 214 Cal.App.3d 203, 212 , 262 Cal.Rptr. 513, 518 (1989); W.F. 1990See Gertz v. Welch, 680 F.2d 527, 533 (7th Cir.1982), cert. denied, 459 U.S. 1226 , 103 S.Ct. 1233 , 75 L.Ed.2d 467 (1983); York Typo Union No. 242 v. Maple Press Co., 442 F.Supp. 511, 517 (M.D.Pa.1977); Bunch v. Coachella Valley Water Dist., 214 Cal.App.3d 203, 212 , 262 Cal.Rptr. 513, 518 (1989); W.F. | 1 | 1 |
Elmer Gertz v. Robert Welch, Inc.green1 sentence1990See Gertz v. Welch, 680 F.2d 527, 533 (7th Cir.1982), cert. denied, 459 U.S. 1226 , 103 S.Ct. 1233 , 75 L.Ed.2d 467 (1983); York Typo Union No. 242 v. Maple Press Co., 442 F.Supp. 511, 517 (M.D.Pa.1977); Bunch v. Coachella Valley Water Dist., 214 Cal.App.3d 203, 212 , 262 Cal.Rptr. 513, 518 (1989); W.F. | 1 | 1 |
York Typographical Union No. 242 v. Maple Press Co.green1 sentence1990See Gertz v. Welch, 680 F.2d 527, 533 (7th Cir.1982), cert. denied, 459 U.S. 1226 , 103 S.Ct. 1233 , 75 L.Ed.2d 467 (1983); York Typo Union No. 242 v. Maple Press Co., 442 F.Supp. 511, 517 (M.D.Pa.1977); Bunch v. Coachella Valley Water Dist., 214 Cal.App.3d 203, 212 , 262 Cal.Rptr. 513, 518 (1989); W.F. | 1 | 1 |
South Dakota v. Lohnesgreen1 sentence1990See Gertz v. Welch, 680 F.2d 527, 533 (7th Cir.1982), cert. denied, 459 U.S. 1226 , 103 S.Ct. 1233 , 75 L.Ed.2d 467 (1983); York Typo Union No. 242 v. Maple Press Co., 442 F.Supp. 511, 517 (M.D.Pa.1977); Bunch v. Coachella Valley Water Dist., 214 Cal.App.3d 203, 212 , 262 Cal.Rptr. 513, 518 (1989); W.F. | 1 | 1 |
Doubleday Sports, Inc. v. Eastern Microwave, Inc.green1 sentence1990See Gertz v. Welch, 680 F.2d 527, 533 (7th Cir.1982), cert. denied, 459 U.S. 1226 , 103 S.Ct. 1233 , 75 L.Ed.2d 467 (1983); York Typo Union No. 242 v. Maple Press Co., 442 F.Supp. 511, 517 (M.D.Pa.1977); Bunch v. Coachella Valley Water Dist., 214 Cal.App.3d 203, 212 , 262 Cal.Rptr. 513, 518 (1989); W.F. | 1 | 1 |
Robert Welch, Inc. v. Gertzgreen1 sentence1990See Gertz v. Welch, 680 F.2d 527, 533 (7th Cir.1982), cert. denied, 459 U.S. 1226 , 103 S.Ct. 1233 , 75 L.Ed.2d 467 (1983); York Typo Union No. 242 v. Maple Press Co., 442 F.Supp. 511, 517 (M.D.Pa.1977); Bunch v. Coachella Valley Water Dist., 214 Cal.App.3d 203, 212 , 262 Cal.Rptr. 513, 518 (1989); W.F. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
UDOT v. Target Corp.
green
1 sentence2020And in any event the court of appeals’ careful analysis was helpful in highlighting some of the deficiencies in our case law that prompted our attempt at clarification and repudiation. 16 Cite as: 2020 UT 10 Opinion of the Court what to do when the relevant improvement is only partially constructed on the taken parcel.9 That led to the question whether the “essential to the project as a whole” test applied in a case like this one. | 1 | 2020–2020 |
Neese v. Utah Bd. of Pardons & Parole
green
1 sentence2018Bush v. City of S. Salt Lake, 2006 UT 40, ¶ 66 , 140 P.3d 1235 (Parrish, J., majority opinion) (interpreting Utah free speech clause not in terms of policy arguments or modern preferences but in light of originalist inquiry; explaining that “[i]t is not our place” to “substitut[e] our own value judgment for that of the people of Utah when they drafted and ratified the constitution”); id. ¶¶ 79, 82 (Durrant, J., concurring) (noting that it is “enticing to adopt an interpretive technique whereby we, as judges, look to our own attitudes and views to discern the contours of the protective boundary | 1 | 2018–2018 |
American Bush v. City of South Salt Lake
green
2 sentences2018Bush v. City of S. Salt Lake, 2006 UT 40, ¶ 66 , 140 P.3d 1235 (Parrish, J., majority opinion) (interpreting Utah free speech clause not in terms of policy arguments or modern preferences but in light of originalist inquiry; explaining that “[i]t is not our place” to “substitut[e] our own value judgment for that of the people of Utah when they drafted and ratified the constitution”); id. ¶¶ 79, 82 (Durrant, J., concurring) (noting that it is “enticing to adopt an interpretive technique whereby we, as judges, look to our own attitudes and views to discern the contours of the protective boundary 2018Bush v. City of S. Salt Lake, 2006 UT 40, ¶ 66 , 140 P.3d 1235 (Parrish, J., majority opinion) (interpreting Utah free speech clause not in terms of policy arguments or modern preferences but in light of originalist inquiry; explaining that “[i]t is not our place” to “substitut[e] our own value judgment for that of the people of Utah when they drafted and ratified the constitution”); id. ¶¶ 79, 82 (Durrant, J., concurring) (noting that it is “enticing to adopt an interpretive technique whereby we, as judges, look to our own attitudes and views to discern the contours of the protective boundary | 1 | 2018–2018 |
State v. Dennis
green
2 sentences2014And even if ‚a careful analysis of 20120269-CA 16 2014 UT App 244 Nebeker v. Summit County [Johnson] and similar cases might convince us that the facts of this case mandate one result or the other, we will not conduct that analysis on a party’s behalf.‛ See State v. Dennis, 2007 UT App 266, ¶ 14 , 167 P.3d 528 . 2014And even if ‚a careful analysis of 20120269-CA 16 2014 UT App 244 Nebeker v. Summit County [Johnson] and similar cases might convince us that the facts of this case mandate one result or the other, we will not conduct that analysis on a party’s behalf.‛ See State v. Dennis, 2007 UT App 266, ¶ 14 , 167 P.3d 528 . | 1 | 2014–2014 |
Doe v. McMillan
green
2 sentences1996The court stated that Doe v. McMillan, 412 U.S. 306, 319 , 93 S.Ct. 2018, 2028 , 36 L.Ed.2d 912 (1973), required a careful inquiry into the scope of the alleged wrongful acts in view of the accused official's duties. 1996The court stated that Doe v. McMillan, 412 U.S. 306, 319 , 93 S.Ct. 2018, 2028 , 36 L.Ed.2d 912 (1973), required a careful inquiry into the scope of the alleged wrongful acts in view of the accused official's duties. | 1 | 1996–1996 |
Sheila M. Jackson v. Paul A. Kelly
green
2 sentences1996Under that case, the test is whether the defendant was engaged in a discretionary function, that is, "whether defendant's duties were discretionary, to determine whether defendant is immune from personal liability for acts within the scope of his authority." Jackson, 557 F.2d at 737 . 1996Under that case, the test is whether the defendant was engaged in a discretionary function, that is, "whether defendant’s duties were discretionary, to determine whether defendant is immune from personal liability for acts within the scope of his authority.” Jackson, 557 F.2d at 737 . | 1 | 1996–1996 |
Scott v. State
green
1 sentence1944This rule is not based on an application of the exact rules of logic, but upon the pragmatic principle that a certain quantum of proof is arbitrarily required when the courts are asked to take away life, liberty or property.” In the case of State v. Potello, 40 Utah 56 , 119 P. 1023, 1028 , the rule prohibiting the basing of an inference upon an inference was discussed. | 1 | 1944–1944 |
State v. Potello
green
1 sentence1944This rule is not based on an application of the exact rules of logic, but upon the pragmatic principle that a certain quantum of proof is arbitrarily required when the courts are asked to take away life, liberty or property.” In the case of State v. Potello, 40 Utah 56 , 119 P. 1023, 1028 , the rule prohibiting the basing of an inference upon an inference was discussed. | 1 | 1944–1944 |
State ex rel. Mattoon v. Republican Valley Railroad
neutral
1 sentence1910Co., 17 Neb. 647, 24 N. W. 329 , 52 Am. | 1 | 1910–1910 |
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.