Despite the jury’s verdict of $11,000,000+ being returned back on March 2nd, there’s still been no judgment entered in David Scott v. University of Utah,  #110917738. (Judge Su Chon, Third District Court for Salt Lake County.) (See my posts of February 20th and March 3rd.)

Post-trial motions have been filed, such as a motion to reduce the verdict to the governmental immunity cap, and a cross-motion challenging the constitutionality of that cap. These have been considered by Judge Chon, but I am told that the State of Utah was never informed of the constitutional challenge. This is required under  U.R.Civ.P. 24(d); Utah Code Ann. § 78B-6-403. (For federal matters, see, F.R.Civ.P. 5.1; 28 U.S.C. § 2403(a).)

Failing to notify the Attorney General or the US Attorney of a challenge to a federal or state statute can result in the judgment being voided. See, Oklahoma v. Pope, 516 F.3d 1214 (10th Cir. 2008).

So Judge Chon has put everything on hold pending intervention by the Utah Attorney General. The AG’s office will have thirty days to respond, if it wishes. Only then the pre-judgment motions will be decided. Once a judgment is entered, then post-trial motions (such as a motion for new trial or judgment NOV) will be filed.

Here’s the case docket.