Title 78B, Title 78B: Judicial Code

78B-6-1901. Title -- Purpose. (1) This part is known as the "Distribution of Bad Faith Patent Infringement Letters Act." (2) The Legislature acknowledges that it is preempted from passing any law that conflicts with federal patent law. However, this part seeks to protect Utah bus…

78B-6-1902. Definitions. As used in this part: (1) "Demand letter" means a letter, email, or other written communication directed to a target and asserting or claiming that the target has engaged in patent infringement. "Demand letter" does not include a complaint filed in a Unit…

78B-6-1903. Prohibition against distribution of demand letters containing bad faith assertions of patent infringement. (1) A sponsor may not distribute a demand letter to a target that includes a bad faith assertion of patent infringement. (2) A court may consider the following f…

78B-6-1904. Action -- Enforcement -- Remedies -- Damages. (1) A target who has received a demand letter asserting patent infringement in bad faith, or a person aggrieved by a violation of this part, may bring an action in a court with jurisdiction under. Title 78A, Judiciary and …

78B-6-1905. Bond. (1) Upon motion by a target and a finding by the court that a target has established a reasonable likelihood that a sponsor has made a bad faith assertion of patent infringement in a demand letter in violation of this part, the court shall require the sponsor to…

78B-6-201. Title. This part is known as the "Alternative Dispute Resolution Act."

78B-6-202. Definitions. As used in this part: (1) "ADR" means alternative dispute resolution and includes arbitration, mediation, and other means of dispute resolution, other than court trial, authorized by the Judicial Council under this part. (2) "ADR organization" means an org…

78B-6-203. Purpose and findings. (1) The purpose of this part is to offer an alternative or supplement to the formal processes associated with a court trial and to promote the efficient and effective operation of the courts of this state by authorizing and encouraging the use of …

78B-6-204. Dispute Resolution Programs -- Director -- Duties -- Report. (1) Within the Administrative Office of the Courts, there shall be a director of Dispute Resolution Programs, appointed by the state court administrator. (2) The director shall be an employee of the Administr…

78B-6-205. Judicial Council rules for ADR procedures. (1) To promote the use of ADR procedures, the Judicial Council may by rule establish experimental and permanent ADR programs administered by the Administrative Office of the Courts under the supervision of the director of Disp…

78B-6-206. Minimum procedures for arbitration. (1) An award in an arbitration proceeding shall be in writing and, at the discretion of the arbitrator or panel of arbitrators, may state the reasons or otherwise explain the nature or amount of the award. (2) The award shall be fina…

78B-6-207. Minimum procedures for mediation. (1) A judge or court commissioner may refer to mediation any case for which the Judicial Council and Supreme Court have established a program or procedures. A party may file with the court an objection to the referral which may be gran…

78B-6-208. Confidentiality. (1) ADR proceedings shall be conducted in a manner that encourages informal and confidential exchange among the persons present to facilitate resolution of the dispute or a part of the dispute. ADR proceedings shall be closed unless the parties agree t…

78B-6-209. Dispute Resolution Account -- Appropriation. There is created a restricted account within the General Fund known as the "Dispute Resolution Account." Five dollars of the fees established in Subsectionsthrough,, andshall be allocated to and deposited into the Dispute Re…

78B-6-2100. Title. This part is known as "Cause of Action for Minors Injured by Pornographic Material."

78B-6-2101. Definitions. As used in this part: (1) "Minor" means an individual less than 18 years old. (2) "Obscene animal abuse material" means the same as that term is defined in Section. 76-5c-101 (3) "Pornographic material" means material that: the average person, applying co…

78B-6-2102. Exemptions. (1) If the conditions of Subsectionare met, this part does not apply to: (2) the following, as defined in the Communications Act of 1934, as amended: an interactive computer service; a telecommunications service, information service, or mobile service, inc…

78B-6-2103. Liability -- Safe harbor. (1) A person who is not exempt under Section, and who distributes or otherwise provides obscene animal abuse material or pornographic material to consumers is liable to a person if: 78B-6-2102 at the time the obscene animal abuse material or …

78B-6-2104. Damages -- Class action. (1) If a court finds that a person is violating Section, the court may award the plaintiff: 78B-6-2103 actual damages; and punitive damages, if it is proven that the person targeted minors. (2) A class action may be brought under this part in …

78B-6-2105. Civil action for enforcement -- Penalties. (1) A person who distributes or otherwise provides obscene animal abuse material or pornographic material to consumers may not distribute any obscene material or performance as defined in Sectionwithout first giving a clear a…

78B-6-2201. Title. This part is known as "Cause of Action to Protect Minors from Unfiltered Devices."

78B-6-2301. Definitions. As used in this part: (1) "Directive" means an ordinance, regulation, measure, rule, enactment, order, or policy issued, enacted, or required by a local or state governmental entity. (2) "Firearm" means the same as that term is defined in Section. 53-5a-1…

78B-6-2302. Violation of legislative preemption -- Exceptions. (1) A local or state governmental entity may not enact or enforce a directive that violates legislative firearm preemption. (2) This part does not prohibit the enactment or enforcement of a directive: by a law enforce…

78B-6-2303. Civil action -- Injunction -- Damages -- Immunity. (1) A person who is harmed by a local or state governmental entity that makes or causes to be enforced a directive in violation of legislative firearm preemption may submit a written communication to the local or stat…

78B-6-2401. Definitions. As used in this part: (1) "AMA guides" means the edition of the American Medical Association's Guides to the Evaluation of Permanent Impairment in effect at the time of the performance of an examination or test on an exposed individual. (2) "Asbestos" mea…

78B-6-2402. Required disclosures by plaintiff within 21 days of filing asbestos action. (1) Within 21 days after the day on which the first answer is filed in response to the plaintiff's complaint in an asbestos action, the plaintiff shall provide all parties with a sworn declara…

78B-6-2403. Requirements for asbestos action alleging nonmalignant condition -- Evidence. (1) Within 90 days after the day on which the plaintiff files the complaint in an asbestos action alleging a nonmalignant condition, the plaintiff shall file a detailed narrative medical rep…

78B-6-2404. Accrual of action alleging nonmalignant condition. Notwithstanding the requirements of Section, the statute of limitations for an asbestos action alleging a nonmalignant condition that is not time barred on or before May 3, 2023, may not begin to run until the earlier…

78B-6-2405. Required disclosures by plaintiff in asbestos action within 120 days of trial. (1) For each asbestos action filed in this state, the plaintiff shall provide all parties with a sworn declaration identifying all asbestos trust claims that have been filed by the plaintif…

78B-6-2406. Identification of additional or alternative asbestos trusts by defendant before trial. (1) Not less than 90 days before trial, if a defendant identifies an asbestos trust claim not previously identified by the plaintiff that the defendant reasonably believes the plain…

78B-6-2407. Discovery of materials and documents for asbestos trust claim -- Use of asbestos trust materials. (1) Trust claims materials and trust governance documents are presumed to be relevant and authentic and are admissible in evidence. (2) Claims of privilege may not apply …

78B-6-2408. Failure to provide information -- Sanctions. A plaintiff who fails to provide all of the information required under Section,, or, is subject to sanctions as provided in the Utah Rules of Civil Procedure and any other relief for the defendants that the court considers …

78B-6-2501. Definitions. As used in this part: (1) "Contamination claim" means a claim for which a government owner and the government owner's officers and employees have immunity under Subsection. 63G-7-201(3)(b) (2) "Government owner" means the same as that term is defined in S…

78B-6-2502. Award of double attorney fees and costs. If a person asserts a contamination claim against a government owner or an officer or employee of the government owner for which the government owner or officer or employee are found to be immune under Subsection, the court sha…

78B-6-2601. Definitions. As used in this part: (1) "Activate" means the process of powering on a device and associating the device with a user account. (2) "Device" means a tablet or a smart phone manufactured on or after January 1, 2025. (3) "Filter" means generally accepted and…

78B-6-2601. Definitions. As used in this part: (1) "Activate" means the process of powering on a device and associating the device with a user account. (2) "Device" means a tablet or a smart phone manufactured on or after January 1, 2025. (3) "Filter" means generally accepted and…

78B-6-2602. Filter required. All devices activated in the state shall: (1) contain a filter; (2) ask the user to provide the user's age during activation and account set-up; (3) automatically enable the filter when the user is a minor based on the age provided by the user as desc…

78B-6-2603. Manufacturer liability. (1) A manufacturer of a device is subject to civil liability if: a device is activated in the state; the device does not, upon activation in the state, enable a filter that complies with the requirements described in Section; and 78B-6-2602 the…

78B-6-2604. Individual liability. With the exception of a minor's parent or legal guardian, a person may be liable in a civil and criminal action for intentionally enabling the password to remove the filter on a device in the possession of a minor if the minor accesses content th…

78B-6-2605. Proceedings by the attorney general. (1) The attorney general may bring an action in court against a person for a violation of this chapter: to enjoin any action that constitutes a violation of this chapter by the issuance of a temporary restraining order or prelimina…

78B-6-2606. Civil action by parent or legal guardian. (1) A parent or legal guardian of a minor that accesses obscene content on a device as a result of a manufacturer's failure to comply with of Sectionmay bring a private cause of action in court against the manufacturer. 78B-6-…

78B-6-2701. Definitions for part. As used in this part: (1) "Consent" means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization. (2) "Depicted individual" means an individual whose body is shown in whole or in part in an …

78B-6-2702. Civil action. (1) As used in this section: "Harm" includes: physical harm; economic harm; or emotional distress, whether or not accompanied by physical or economic harm. "Private" means: created or obtained under circumstances in which a depicted individual had a reas…

78B-6-2703. Exceptions to liability. (1) As used in this section: "Child" means an unemancipated individual who is younger than 18 years old. "Online service provider" means an internet service provider, search engine, or cloud service provider, including an affiliate or subsidia…

78B-6-2704. Plaintiff's privacy. In an action under this part: (1) the court may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff; (2) a plaintiff to whom Subsectionapplies shall file with the court and serv…

78B-6-2705. Remedies. (1) In an action under this part, a prevailing plaintiff may recover: the greater of: economic and noneconomic damages proximately caused by the defendant's disclosure or threatened disclosure, including damages for emotional distress, whether or not accompa…