13 August 2018

10th Circuit rejects state court jurisdiction over Indian casino slip and fall claim; remanded of motion to dismiss indictment for analysis under correct legal standard; reinstates First Amendment retaliation claim in part; affirms summary judgment in whistle-blower case; affirms Clean Air Act abatement plan approval; reinstates claim for punitive damages against judge in sexual harassment case; affirms judgment to insurer in breach of contract/bad faith case; affirms sex trafficking conviction; and affirms dismissal of securities fraud claims.

by William Gaskill

27 June 2018

Utah Court of Appeals affirmed summary judgment to defendants in four credit card collections cases; holds amendment to trust void as a matter of law; affirms a probation revocation; affirms firearm and other convictions arising from a traffic stop and high speed chase; sets aside denial of a workers compensation claim; affirms rape convictions; affirms denial of a nonconforming use application; and issues one other decision.

by William Gaskill

7 June 2018

Utah Supreme Court affirms imposed joint operating agreement for a pooled oil field; adopts rule for proving implied waiver of antiwaiver contract provisions; and adopts new rule about how to prove prejudice in a land use case when there is a procedural defect.

by William Gaskill

14 March 2018

10th Circuit rejects challenge to rules concerning marketing of annuities; affirms contempt finding in child labor case; and holds Oklahoma’s forcible sodomy statue is not a violent felony for career criminal sentencing purposes.

by William Gaskill

17 January 2018

10th Circuit holds ski resort liability waiver bars suit for injury during ski lesson; affirms in part and reveres in part judgments in an oil and gas royalties case; affirms judgment notwithstanding verdict to defendant in cable set top box antitrust case; affirms ruling that certain regulations are void for going against plain language of Indian Gaming Regulatory Act; and limits value of real estate charitable deductions for trusts and estates to adjusted basis in property.

by William Gaskill

9 January 2018

Utah Court of Appeals vacates child custody order for deficient fact-finding; reverses denial of motion to dismiss for lack of personal jurisdiction; holds delivery through FedEx is not delivery by certified mail; reverses an order dismissing a complaint for failure to prosecute; sets aside order requiring a conditional use permit be granted to a power company; and issues one other decision.

by William Gaskill

22 December 2017

Utah Court of Appeals affirms denial of real estate license renewal; affirmed summary judgment in breach of trust case; and affirms a burglary conviction.

by William Gaskill

13 December 2017

Utah Court of Appeals remands breach of contract case; hold no statute of limitations applied in securities fraud administrative case; and reverses an easement by estoppel.

by William Gaskill

25 October 2017

10th Circuit vacates denial of petition for relief from renewable fuel standards; holds United States potentially liable for environmental cleanup costs as owner of mined land; and affirms bribery conviction.

by William Gaskill

19 October 2017

Utah Court of Appeals affirms summary judgment in a breach of contract case; holds cities owe no duty to maintain streetlights; grants rehearing and affirms summary judgment as plaintiff failed to preserve argument relied upon by panel in initial reversal; affirms denial of permanent disability benefits; and affirms rejection of plat amendment.

by William Gaskill

12 October 2017

Utah Court of Appeals reverses termination of corrections officer; reverses dismissal of drug charge at preliminary hearing and affirms consecutive sentences.

by William Gaskill

22 September 2017

Utah Supreme Court rejects challenge to mining project for inadequate briefing.

by William Gaskill