Welcome to the Appellate Litigation Spotlight Site by Attorney Kathleen McDonald. Here you will find frequently updated information on appellate litigation, policies, cases and other developments.

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First Amendment
Posted on Sep. 6, 2012

For some people, things as simple as baseball, apple pie, or yellow ribbons evoke a patriotic fervor. For me, it’s the First Amendment. Oh yes, I’ve had a lot of reasons to feel proud of my homeland lately.

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Case Summary: Turner v. Staker & Parsons Companies
Posted on Sep. 6, 2012

Many people are aware that in the law there are limitations on when a lawsuit can be filed.  But, how much time is allowed varies from circumstance to circumstance and from place to place.          

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Case Summary: Jenkins v Jordan Valley Water Conservancy District
Posted on Sep. 5, 2012

As we have discussed, there are some circumstances in which a party can sue the government, and other situations when one cannot. Because the government provides services for the good of the public, it enjoys immunity from many lawsuits. The Utah Court of Appeals case, Jenkins v Jordan Valley Water Conservancy District, discussed the bounds of the governmental immunity.

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Case Summary: Hooban v. Unicity
Posted on Sep. 5, 2012

What are some potential risks in purchasing an asset from a bankruptcy? The recent Utah Supreme Court case, Hooban v. Unicity, discusses some of those risks.

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Case Summary: US Fidelity v. US Sports Specialty
Posted on Sep. 4, 2012

What happens when a defendant in a lawsuit is insured but the judgment exceeds the amount of the insurance? 

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Case Summary: Gillmor v. Family Link
Posted on Sep. 4, 2012

You have probably heard of easements, but what are other ways to convey an interest in a road or right of way over someone else’s property?  The case Gillmor v. Family Link considered several of these. 

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Case Summary: Stern v. Metropolitan Water District of Salt Lake & Sandy.
Posted on Aug. 31, 2012

What happens when a company has an easement across property and wants to make a change in the way that it is used?  The Utah Supreme Court considered this in the case Stern v. Metropolitan Water District of Salt Lake & Sandy.

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Case Summary: Judson v. Wheeler RV Las Vegas, LLC
Posted on Aug. 30, 2012

If you have a judgment or a judgment has been entered against you, what happens next? How do you collect on the judgment or challenge the judgment?

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Case Summary: Broderick, et al. v. Apartment Management Consultants, L.L.C
Posted on Aug. 29, 2012

Can I put in a contract a provision that limits my liability to the most extreme circumstances?  The Utah Supreme Court considered these provisions, which are called exculpatory clauses, in the case Broderick, et al. v. Apartment Management Consultants, L.L.C.

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Case Summary: Wonzie Barrientos v. Matt Jones, Ogden City, et al.
Posted on Aug. 17, 2012

How far can an attorney go in attacking a person’s character in a case?  The Utah Supreme Court considered that in the recent case Wonzie Barrientos v. Matt Jones, Ogden City, et al.

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Author

kathleenAttorney Kathleen McDonald

Kathleen is a shareholder at Jones Waldo.  She specializes in litigation with a particular emphasis on appeals and commercial litigation.  Kathleen has written or argued appeals in the Tenth Circuit, the Utah Court of Appeals, and the Utah Supreme Court.  Kathleen specializes in construction, environmental, civil rights, and commercial litigation.

Kathleen received her law degree with honors from the University of Arizona in 2004.  She received her undergraduate degree from Oberlin College.  Kathleen has unusually well-rounded legal experience; in law school, Kathleen clerked with an in-house corporate attorney and worked in government.  She also clerked at the Utah Court of Appeals.  

Local Foundations

Kathleen volunteers a significant amount of time each week with a variety of community programs including the Tracy Aviary, the Bennion Center and Friends of Animals.

tracy aviary
friends of animals

Bennion center

red butte

nature conservancy