What Is Left of Berry v. Beech-The Utah Open Courts Jurisprudence?

This Article reviews the history of the Open Courts Provision of the Utah State Constitution over the last two decades against a backdrop of substantive changes in tort law, political balance of power, and personnel on the Utah Supreme Court. The Berry v. Beech Aircraft Corp. jurisprudence has undergone an interesting evolution-from near unanimity in the beginning, to a fractured court, to virtual dismemberment-that has left the original Berry concepts on life support. Section I of this Article provides historical analysis of some of the key political and substantive legal changes that influenced the creation of Utah's open courts jurisprudence. Section II explores, on a case-bycase basis, the major opinions that have analyzed and interpreted open courts challenges.

The conclusion will assess the current status of the law.