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Volume 26 No. 1 Jan/Feb 2013 JOURNAL ® Utah Bar Spring Convention Registration Inside Volume 26 No. 1 Jan/Feb 2013 EISENBERG GILCHRIST & CUTT TTORNEYS AT AW Results Matter Some of our successes in 2011 include: More than 300 lawyers have referred injured clients to • $5.0 million recovery for trucking accident Eisenberg Gilchrist & Cutt because they know we get top results. We approach every case as a serious piece of litigation, • $4.0 million recovery for product liability case whether it is worth $100,000 or $10 million. • $2.8 million recovery for carbon monoxide case • $2.5 million recovery for auto-wrongful death Call us if you have a new injury case or want to bring • $1.5 million jury verdict for ski accident case experience to a pending case. We tailor fee arrangements to • $1.1 million recovery for medical malpractice suit your clients’ needs, and we help fund litigation costs. Let our experience add value to your case. 900 PARKSIDE TOWER • 215 SOUTH STATE STREET • SALT LAKE CITY, UTAH 84111 TEL: 801-366-9100 TOL-FREE: 877-850-3030 WWW.EISENBERGANDGILCHRIST.COM FOUNDING PARTNERS ARE JEFFREY D. EISENBERG, ROBERT G. GILCHRIST AND DAVID A. CUTT Table of Contents Utah Ba Letter to the Editor 6 EISENBERG GILCHRIST & CUTT President’s Message: Who We Are 8 by Lori W. Nelson TTORNEYS AT AW r Commission Message: The Purposes of the Utah State Bar and How You Can Help 12 ® by James D. Gilson Article: Mandatory eFiling Has Arrived in the Utah State Courts 16 by Debra J. Moore JOURNAL Article: Tenth Circuit Jurisdictional Considerations in Personal Injury Cases 22 by Kevin J. Simon Article: Rehabilitation Act and ADA Discrimination Claims – Two Birds You Can’t Always Kill With One Stone 24 by Chris Glauser Utah Law Developments: Appellate Highlights – October 2012 28 by Rodney R. Parker and Julianne P. Blanch Article: Volunteer Court Visitors in Guardianship Cases 30 by Karolina Abuzyarova and Michaelle Wells Jones Article: Predicting the Future for Your Clients 34 by Joshua S. Baron Article: Justice Sutherland Endures: Sutherland’s Legacy and the Affordable Care Act 38 by Lindsay K. Nash, Bradley D. Masters, and Nathanael J. Mitchell Focus on Ethics & Civility: Using Other Peoples’ Money to Finance Litigation 44 by Keith A. Call Book Review: Opening Statements: Winning in the Beginning by Winning the Beginning 46 by Dominic J. Gianna and Lisa A. Marcy Reviewed by Andrea Garland State Bar News 48 Young Lawyers Division: Grappling With Social Media as a Legal Practitioner 60 Results Matter by Jaelynn Jenkins Paralegal Division: Balance: How to Turn the “Act” Into “Action” 62 by Trina Kenyon Some of our successes in 2011 include: More than 300 lawyers have referred injured clients to • $5.0 million recovery for trucking accident Eisenberg Gilchrist & Cutt because they know we get top CLE Calendar 64 results. We approach every case as a serious piece of litigation, • $4.0 million recovery for product liability case whether it is worth $100,000 or $10 million. Classified Ads 65 • $2.8 million recovery for carbon monoxide case • $2.5 million recovery for auto-wrongful death Call us if you have a new injury case or want to bring • $1.5 million jury verdict for ski accident case experience to a pending case. We tailor fee arrangements to • $1.1 million recovery for medical malpractice suit your clients’ needs, and we help fund litigation costs. The Utah Bar Journal is published bimonthly by the Utah State Bar. One copy of each issue is furnished to members as part of their Bar dues. Subscription price to others: $30; single copies, $5. For information on advertising rates and space reservations visit Let our experience add value to your case. www.utahbarjournal.com or call Laniece Roberts at (801) 910-0085. For classified advertising rates and information please call Christine Critchley at (801) 297-7022. Volume 26 No. 1 Statements or opinions expressed by contributors are those of the authors and are not necessarily those of the Utah Bar Journal or the Utah State Bar. Publication of advertisements is not to be considered an endorsement of the product or service advertised. Jan/Feb 2013 900 PARKSIDE TOWER • 215 SOUTH STATE STREET • SALT LAKE CITY, UTAH 84111 Copyright © 2013 by the Utah State Bar. All rights reserved. TEL: 801-366-9100 TOL-FREE: 877-850-3030 WWW.EISENBERGANDGILCHRIST.COM FOUNDING PARTNERS ARE JEFFREY D. EISENBERG, ROBERT G. GILCHRIST AND DAVID A. CUTT Cover Art Light on the mountain, winter scene, by Dan Anderson of Kaysville, Utah. Taken in Big Cottonwood Canyon. ______________________________________________________________________________________ Members of the Utah State Bar or Paralegal Division of the Bar who are interested in having photographs they have taken of Utah scenes published on the cover of the Utah Bar Journal should send their photographs (compact disk or print), along with a description of where the photographs were taken, to Randy Romrell, Regence BlueCross BlueShield of Utah, P.O. Box 30270, Salt Lake City, Utah 84130-0270, or by e-mail .jpg attachment to [email protected]. Only the highest quality resolution and clarity (in focus) will be acceptable for the cover. Photos must be a minimum of 300 dpi at the full 8.5" x 11" size, or in other words 2600 pixels wide by 3400 pixels tall. If non-digital photographs are sent, please include a pre-addressed, stamped envelope if you would like the photo returned, and write your name and address on the back of the photo. VISION OF THE BAR: To lead society in the creation of a justice system that is understood, valued, respected, and accessible to all. _______________________________________ MISSION OF THE BAR: To represent lawyers in the State of Utah and to serve the public and the legal profession by promoting justice, professional excellence, civility, ethics, respect for and understanding of, the law. The Utah Bar Journal Published by The Utah State Bar 645 South 200 East • Salt Lake City, Utah 84111 • Telephone (801) 531-9077 • www.utahbar.org BAR JOURNAL EDITORIAL BOARD Editor Departments Editor Young Lawyer William D. Holyoak Judge Catherine E. Roberts Representative Allyson Barker Managing Editor Utah Law Todd Zagorec Developments Editor Paralegal Representative David C. Castleberry Tally A. Burke-Ellison Art/Design Editor Randall L. Romrell Judicial Advisor Bar Staff Liaison Judge Gregory K. Orme Christine Critchley Articles Editors Alisha Giles Copy Editors Advertising/Design Manager Aaron C. Garrett John P. Ball Laniece Roberts Lee Killian Hal Armstrong Nicole G. Farrell “Like” us on facebook at: www.facebook.com/UtahBarJournal 4 Volume 26 No. 1 Membership has its privileges! LexisNexis® Bar and Association Member Benefit Program The rewards of bar membership Special offers for bar members are available in these areas: just keep growing. Enjoy member RESEARCH benefit discounts on popular Receive a member benefit discount on selected research resources, including lexis.com®, to build a strong foundation for your practice. LexisNexis® services that help you succeed in every aspect of PRACTICE MANAGEMENT Achieve greater levels of efficiency in the management of your practice your practice. with LexisNexis Firm Manager™ and other resources. CLIENT DEVELOPMENT Attract new clients and maximize your visibility with professional resources like Lawyers.comSM, which has over 28 million annual visitors.1 Find out more information and sign up for member benefits today! www.lexisnexis.com/bars 1 Source: Self-reported LexisNexis Web Statistics 2011 LexisNexis, lexis.com and the Knowledge Burst logo are registered trademarks, LexisNexis Firm Manager is a trademark and Lawyers.com is a service mark of Reed Elsevier Properties Inc., used under license. © 2012 LexisNexis. All rights reserved. LRM00095-0 0612 Interested in writing an article for the Letter to the Editor Utah Bar Journal? The Editor of the Utah Bar Journal wants to hear about the topics and Editor: issues readers think should be covered in the magazine. If you have an article idea or would be interested in writing on a particular topic, please “Season’s Greetings,” by Learned Ham, justified a full year of bar contact us by calling (801) 297-7022 or by e-mail at [email protected]. dues by itself. Funniest thing I’ve read in any legal publication, Guidelines for Submission of Articles to ever. And true! Whatever you paid L.H. for the article, it was the Utah Bar Journal worth more. More, please! The Utah Bar Journal encourages the submission of articles of Cordially, practical interest to Utah attorneys and members of the bench for potential publication. Preference will be given to submissions by Utah David Harmer legal professionals. Submissions that have previously been presented Legal Counsel, Ally Bank or published are disfavored, but will be considered on a case-by-case basis. The following are a few guidelines for preparing submissions. Length: The editorial staff prefers articles of 3000 words or fewer. If an article cannot be reduced to that length, the author should consider Letter Submission Guidelines dividing it into parts for potential publication in successive issues. 1. Letters shall be typewritten, double spaced, signed by the Submission Format: All articles must be submitted via e-mail to author, and shall not exceed 300 words in length. [email protected], with the article attached in Microsoft Word or WordPerfect. The subject line of the e-mail must include the title of 2. No one person shall have more than one letter to the editor the submission and the author’s last name. published every six months. Citation Format: All citations must follow The Bluebook format, and 3. All letters submitted for publication shall be addressed to must be included in the body of the article. Editor, Utah Bar Journal, and shall be delivered to the office of the Utah State Bar at least six weeks prior to No Footnotes: Articles may not have footnotes.
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