The Consumer Financial Protection Bureau (CFPB) recently released a final debt collection rule that expands the ways in which debt collectors can contact borrowers. In the 653-page rule, the CFPB dropped its “meaningful involvement” requirement, under which an...
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Who is Responsible for an Accident Caused By a Car Thief?
Everyone knows they can be liable for an accident they cause while driving. Something not everyone knows: they can be liable for an accident someone else causes while driving. Cruz v. Middlekauff Lincoln-Mercury, Inc., a case that went before the Utah Supreme Court in...
Rule 26 disclosures
Rule 26 disclosures I'm sure many of you have run into problems, as I have, with the adequacy of disclosures under the new Rule 26. It seems that where the rule says "summary of expected testimony," see Utah R. Civ. P. 26(a)(1)(A)(ii), or "summary of opinions," see...
THINK TWICE BEFORE YOU POST; SOCIAL MEDIA AND DEFAMATION LAW
Social media-its free, right? According to one cautionary tale, not so much. A North Carolina woman recently made news when she paid a $500,000 settlement over a comment she made on Facebook. The nearly two years of litigation came after she allegedly faulted her...
You’ve Been Served – 6 Questions to Ask Yourself When Faced With a Lawsuit
YOU'VE BEEN SERVED: 6 QUESTIONS TO ASK YOURSELF WHEN FACED WITH A LAWSUIT Whether you're a small-business owner or just minding your own business, "you've been sued" are probably words you never want to hear. However, for business owners, studies show that being sued...
John Florez: Juvenile court’s original intent reaffirmed
Kudos to the 2013 Utah Legislature for reaffirming the state's commitment to the original intent of the juvenile court — the minor's best interest and public safety. And the bill passed unanimously in both houses, led by Rep. Lowry Snow and Sen. Lyle Hillyard. The...
Curtis Jensen Law Day
In 1958, President Dwight D. Eisenhower established Law Day as a day of national dedication to the principles of government under law. In 1961, Congress, by joint resolution, designated May 1 as the official date for celebrating Law Day. The 2014 Law Day theme is:...
Cameron Morby’s presentation at the Utah Banking Association 2014 AG Conference?
The Utah Bankers Association 2014 Ag Outlook and Conference is scheduled for this Thursday, January 23 and Friday, January 24 and will be held at the Dixie Center. Our very own Cameron Morby will be presenting on Friday at 8:45 a.m. and will be talking about...
Amanda Knox may have constitutional claims to bar her extradition
If you’ve been following the Amanda Knox case in the news, you may be aware that Italy’s highest court has now ordered the young woman and her former boyfriend to be tried again for the alleged murder of Knox’s roommate, a British exchange student....
Second Amendment
The Second Amendment guarantees the right of the individual to keep and bear arms, even if they are not part of a militia. U.S. Constitution, Second Amendment; see also District of Columbia v. Heller, 128 S. Ct. 2783, 2788 (2008). Too much regulation on the use of the...