Abu-Ulba v. Ananda Scientific

Summary

The Utah Supreme Court affirmed the court of appeals' holding that Abu-Ulba's Note Theory of damages was unpreserved. Although a district court's sua sponte consideration of an issue can preserve it for appeal, the court held that such consideration must serve the preservation principles of judicial economy and fairness. Because the district court rejected the Note Theory precisely for lack of factual development, and because Abu-Ulba's statements gave Ananda no fair opportunity to contest the theory at trial, treating it as preserved would undermine both principles. The Note Theory is therefore unavailable to Abu-Ulba, leaving intact the $345,000 trebled award calculated from his salary differential.