Legal Opinion · Concurrence

Craftsman Builder's Supply, Inc. v. Butler Manufacturing Co.

Utah Supreme Court

Decided March 5, 1999No. 970345Published

1ConcurrenceStewart, Justice

¶ 32 I concur with Justice Russon’s carefully and correctly reasoned majority opinion. I write not because I believe it necessary to add anything thereto, but rather to respond *1204to Justice Zimmerman’s lone concurrence in which he attacks long-standing Utah case law construing Article I, section 11 of the Utah Constitution, the so-called open courts provision.1 Justice Zimmerman aims much of his attack at Berry v. Beech Aircraft Corp., 717 P.2d 670 (Utah 1985); however, the attack on Berry serves as a guise to nullify this Court’s Article I, section 11 jurisprudence and, more importantly, the…

2Cases cited74 opinions

  1. Duke Power Co. v. Carolina Environmental Study Group, Inc.Supreme Court of the United States · 1978
  2. Pennzoil Co. v. Texaco Inc.Supreme Court of the United States · 1987
  3. PruneYard Shopping Center v. RobinsSupreme Court of the United States · 1980
  4. Sax v. VottelerTexas Supreme Court · 1983
  5. Hayes v. Continental InsuranceArizona Supreme Court · 1994

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