I have prepared this letter pursuant to Rule 24(j) of the Utah Rules of Appellate Procedure to advise the Court of a significant authority which came to my attention in the course of preparing oral argument in the above-referenced appeal. This authority, the Utah Supreme Court opinion in Piacitelli v. Southern Utah State College, 636 P. 2d 1063 (Utah 1981), relates to the appellant's argument made at pages 28-30 of Appellant's Brief that Dr. Rees was entitled to an award of, at most, nominal damages based on the authority of Carey v. Piphus, 435 U.S. 247 (1978). Piacitelli holds that an employee who is dismissed with cause but in violation of an employment contract is entitled to recover back pay for the period between his defective dismissal and the date of his dismissal accomplished through procedurally appropriate means.
Public record document (some rights may be reserved).
Legal Brief, Rees v. Intermountain Health Care, Inc., No. 890170 (Utah Supreme Court, 1989).