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Utah Supreme Court· 3/24/2016

Nielsen v. Bell

Citations

  • 2016 UT 79

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the collateral order doctrine did not apply to an order denying a motion to dismiss based on a defense of sovereign or quasi-judicial immunity
  • noting that several federal courts of appeals have held that litigation gag orders are appealable under federal collateral order doctrine
  • explaining that a trial court may receive evidence and make relevant factual findings to decide the threshold issue of whether a defendant’s entitlement to sovereign immunity deprives the court of subject matter jurisdiction
  • rejecting direct appeal of adverse interlocutory ruling on sovereign immunity where discretionary procedure provided ample opportunity for review
  • observing with respect to the interlocutory appellate procedures, that ‘the General Assembly did not intend for parties to usurp the trial courts’ authority to regulate litigation”
  • “OCGA § 42-5-2(a) imposes upon the county the duty and cost of medical care for inmates in its custody” at the county jail

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.