Mark Morris and Tyson Prisbrey | Snell & Wilmer In its decision Larry Boynton v. Kennecott Utah Copper, LLC, 2021 UT 40, the Utah Supreme Court found that premises operators owed a duty of care to prevent take-home exposure to asbestos dust not only its employees, but also to independent contractors on the premises. The Court… Continue reading In Utah, Asbestos Take-Home Exposure Equates to Damages Exposure For Premises Operators and Contractors
Tag: utah
Utah Expands Premise-Owner Liability To Take-Home Asbestos Plaintiffs
Jackson Otto | Husch Blackwell Utah’s Supreme Court recently issued an opinion which dramatically expands premise owners’ liability for asbestos-related injuries. On August 5, 2021, the Court reversed Utah’s Court of Appeals and held that a lawsuit could proceed against two premises owners on the theory that asbestos dust from their facilities was brought home… Continue reading Utah Expands Premise-Owner Liability To Take-Home Asbestos Plaintiffs
Utah Owners Cannot Simply Rely on Construction Lien Registry Search Results to Find Valid Preliminary Notices
Mark Morris and Tyson Prisbrey | Snell & Wilmer In December 2020, the Utah Court of Appeals found that, because a contractor’s preliminary notice contained the statutorily required information, although in unconventional order, the notice was valid. In Zion Village Resort, Pro Landscape U.S.A. performed work on a condominium development and filed preliminary notices with… Continue reading Utah Owners Cannot Simply Rely on Construction Lien Registry Search Results to Find Valid Preliminary Notices
How Utah’s Judicial and State Bar Officials Worked Together for Regulatory Reform
Lyle Moran | ABA Journal When Gillian Hadfield was asked whether she would speak to a spring 2018 gathering of state court leaders about how changing the way the legal profession is regulated could strengthen access to justice, she was initially hesitant. For years, the economist and law professor, who was then based at the… Continue reading How Utah’s Judicial and State Bar Officials Worked Together for Regulatory Reform
When Does a Mechanic’s Lien Go Into Effect?
Kent B. Scott | Babcock Scott & Babcock The Utah Mechanic’s Liens Act needed some clarification on when exactly a mechanic’s lien goes into effect. That clarification came in February 2015 from the Court of Appeals of Utah. In the case Pentalon Construction, Inc. v. Rymark Properties, LLC the court ruled that “nearly completed excavation… Continue reading When Does a Mechanic’s Lien Go Into Effect?