Commercial Litigation Articles
Spoliation: When You Must Preserve Evidence in Utah Lawsuits
By Joseph G. Ballstaedt801-365-1021joe@snjlegal.com In Utah lawsuits, both sides have a duty to preserve and not destroy relevant evidence. This article discusses that duty and how a Utah court can punish a party who fails …
Rights Under Express Easements in Utah
Joseph G. Ballstaedt801.365.1021joe@snjlegal.com An easement is the right to use another person’s land. In Utah, easements can be created in a variety of ways, including by expressly giving an easement, by implication, by necessity, and by adverse …
What Can a Utah Property Owner Do When a Co-Owner Fails to Pay Property Expenses?
Joseph G. Ballstaedt801.365.1021joe@snjlegal.com In Utah, a person can hold title to real estate with other people in a variety of ways, including as joint tenants with rights of survivorship or tenants in common. Spouses regularly share ownership of a …
Three Forms of Ownership in Utah Real Estate
Joseph G. Ballstaedt801.365.1021joe@snjlegal.com In Utah, an owner can hold title to real estate in several different forms. Three forms of ownership are discussed below: 1) sole ownership; 2) joint tenancy with rights of survivorship; and …
Stopping Employees from Breaching Non-Competes and Non-Solicits Through Injunctions
Joseph G. Ballstaedt801.365.1021joe@snjlegal.com After a Utah employee leaves his or her employer and breaches a non-compete agreement by working for a competitor, or he or she breaches a non-solicitation agreement by soliciting customers or employees of the former employer, …
How Utah’s Saving Statute Can Revive Expired Claims
Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Every lawsuit in Utah generally must be filed with a court within a certain period of time known as the “statute of limitations.” If not, the lawsuit is probably barred forever, and …
Are Non-Competition Agreements in Idaho Enforceable?
Joseph G. Ballstaedt801.365.1021joe@snjlegal.com In Idaho, a non-competition agreement is an agreement between an employer and an employee that prohibits the employee, after the employment relationship ends, from engaging in employment or a line of business that directly …
Does Amending a Recorded Notice of Lien Reset the Deadline to Foreclose on a Construction Lien in Utah?
Joseph G. Ballstaedt801.365.1021joe@snjlegal.com To preserve a lien claim, a lien claimant must, among other things, record a notice of construction lien with the county recorder’s office, and within 180 days thereafter, initiate a lawsuit to …
Timelines (and the Statute of Limitations) for Foreclosing on a Trust Deed in Utah
Joseph G. Ballstaedt801.365.1021joe@snjlegal.com In Utah, trust deeds are often used to secure loans, ranging from loans for homebuyers to loans for general contractors used to finance real estate developments. The real property identified in the …