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Recovery for Overpayment of Wages in Utah

Nathan D. Anderson 801.365.1024 nathan@snjlegal.com I love the board game “Monopoly.” One of the game’s “Community Chest” cards reads, “Bank error in your favor, collect $200.” Its wonderful when errors go your way; especially when you get more money. But errors can (and often do) cut the other way too and lead to losses.  One such employment error …

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How to Start an LLC in Utah

You have a great business idea, you have a business plan, now you need to form the entity to start conducting business. After reviewing the options, you have decided a limited liability company (LLC) is the best choice for you. Making the choice to create an LLC is a big decision, but there are still …

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Unconscionable and Unenforceable Contracts in Utah

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Almost every contract in Utah is enforceable, but a contract or agreement that is unconscionable is unenforceable. The contract defense of unconscionability prevents oppression and unfair surprise. This article discusses the difficult task of overcoming the general presumption that contracts are enforceable, the elements needed to prove unconscionability, and other issues relevant …

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Adult Adoption In Utah

There are many reasons why an adult would want to be adopted by another adult. The parties may want legal recognition of an existing parent-child relationship which for one reason or another could not be formalized while the adoptee was still a minor. Some may want the adoption for estate planning purposes. Whatever the reason, …

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Is There Such A Thing As A “Quickie” Divorce In Utah?

The decision to get a divorce is a personal and significant decision, typically made after much thought and consideration over a long period of time. However, once made, the spouse seeking a divorce typically wants the legal process to begin and end as quickly as possible. They often wonder, ‘how long will this take?’ The …

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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 possession (a prescriptive easement). This article discusses express easements (the most common type of easement), including how they are created, …

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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 property, but friends, business partners, roommates, or anyone can also own property jointly. Joint owners have rights and duties to …

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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 3) tenancy in common. Sole Ownership The simplest form of ownership in Utah is sole ownership by a single individual …

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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, can that employer stop the employee from continuing to engage in this conduct? Often times, yes. If the employer can …

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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 the parties involved can move on knowing that the dispute likely won’t be litigated. In civil cases (non-criminal cases), the  …

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