Antitrust Immunity for Utah's Political Subdivisions: The Utah Supreme Court's Opinion in Summit Water v. Summit County
by Mark Glick and Michael Petrogeorge
The Utah Supreme Court's November 4, 2005 opinion in Summit Water v. Summit County, 2005 UT 73, clarifies the circumstances under which Utah's local governments are immune from liability under the provisions of the Utah Antitrust Act, Utah Code Ann. ¤ 76-10-911, et seq. (the "Utah Act"). The Court held that under the plain language of Section 76-10-915(1)(f) of the Utah Act, a municipality is exempt from antitrust liability only if its actions were "authorized or directed" by state law. Adopting the standard for state action immunity under federal law, the Court interpreted the "authorized and directed" language of Section 76-10-915(1)(f) to mean that, for immunity to apply, the municipality's alleged anticompetitive conduct must have been a foreseeable result of action authorized by a state statute. Stated differently, this means that if the activities of a municipality are a foreseeable result of a state statute, such activities are immune from antitrust liability. Only where such conduct is not foreseeable, and it harms the competitive process, is the municipality's activity subject to liability under the Utah Act.
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Standard 20 - Just Doing the Right Thing
by Judge John Baxter
Lawyers shall not authorize or encourage their clients or anyone under their direction or supervision to engage in conduct proscribed by these Standards.
"Remove all antitrust materials."
The bright yellow sticky note stared back at me. I was a contract hire, just out of law school and engaged as a discovery mole in a multi-district, multi-plaintiff, multi-defendant, class action and individual plaintiff lawsuit. My colleagues and I had spent literally weeks at the headquarters of major national companies and at the offices of the international law firms who represented them, sifting through box after box - thousands of them - of seemingly irrelevant material seeking documents relating to, you guessed it, an antitrust lawsuit. And here it was, the reason we were not finding much. Someone in authority had instructed someone else to, "Remove all antitrust materials."
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During its regularly scheduled meeting of June 9, 2006 which was held at Stein Erickson Lodge, Deer Valley, Utah, the Board of Bar Commissioners received the following reports and took the actions indicated.
1. David Bird reported on the Judicial Council and noted that there were four openings in the judiciary since Judges Yeates, Fuchs, Hansen and Fredericks will be retiring within the next seven months. Chief Justice Durham noted that the applicant pool was substantially down from previous years. David outlined the recent judicial salary history in Utah along with benefits judges receive. It was noted that the communication process for advertising judicial openings should have a separate e-mail from the Bar's e-Bulletin.
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DISTINGUISHED LAWYER OF THE YEAR
Max D. Wheeler - Mr. Wheeler was born and raised in Ogden, Utah. He received his Bachelor of Science degree in political science from Weber State University in 1965, and his Juris Doctor degree from the University of Utah, College of Law in 1968. His first years as a trial lawyer began in Washington D.C. where he joined the Criminal Section of the Tax Division, United States Department of Justice. In that position, he traveled throughout the United States prosecuting criminal tax cases in many different federal courts.
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DISTINGUISHED SECTION OF THE YEAR
Utah State Bar Litigation Section
Elaina Maragakis, Chair
The Litigation Section, with some 1700 members, is the largest and one of the most active sections of the Utah State Bar. Over the years, the Section has instituted a number of programs and resources that serve litigators throughout the State of Utah. The Litigation Section sponsors numerous CLEs throughout the year, including the weeklong NITA Trial Seminar. Additionally, it hosts a quarterly CLE luncheon for members. The section is an active participant in and sponsor of events including the Utah State Bar Annual Convention, Mid-Year Meeting, and Fall Forum. The section has also joined with other sections of the Bar to co-sponsors a number of CLEs.
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DISTINGUISHED COMMITTEE OF THE YEAR
Ethics Advisory Opinion Committee
Craig R. Mariger, Chair
The Ethics Advisory Opinion Committee (EAOC) responds to requests for advisory opinions concerning the ethical propriety of professional or personal conduct of members of the Bar under the Utah Rules of Professional Conduct. The EAOC responds to requests by either issuing a formal Ethics Opinion or by issuing an informal Letter Response. The Ethics Opinions of the EAOC are summarized in the Utah Bar Journal and in the ABA/BNA Lawyer's Manual on Professional Conduct and are published in full on the Utah State Bar website and on Westlaw.
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Message from the Chair
by Kathryn K. Shelton
As the new Chair of the Paralegal Division, I am pleased to introduce to you the new officers and directors of the Paralegal Division for 2006-007. These professionals will continue the tradition of excellent leadership and service to our Division members, to the Bar and to the Community. I look forward to working with many members of the Division and its board of directors toward making the Division even more beneficial to its members and continuing its outreach to and support of the legal community. I believe that together we can make a difference in the quality and efficiency of the delivery of legal services. If you would like more information about the Paralegal Division, please visit our website at utahbar.org/sections/paralegals. Our officers and board of directors for the coming year are:
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