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

15 August 2017

10th Circuit affirms denial of a motion to suppress; holds an administrative mining enforcement order reviewable; affirms child pornography conviction; rejects a speedy trial claim; and holds foster case failure to protect claims do not reach across state lines.

by William Gaskill

30 June 2017

United States Supreme Court holds no right to appeal denied class certification when plaintiff dismisses individual claim with prejudice; remand cross border shooting Bivens claim for analysis under new Bivens precedent; and order Arkansas to put same sex spouses on birth certificates.

by William Gaskill

29 June 2017

Utah Supreme Court holds complete restitution order in plea of abeyance is a final appealable order.

by William Gaskill

7 March 2017

10th Circuit holds municipal ban on providing false information about a person’s identity is not crime involving moral turpitude for immigration purposes; holds claims arising from EPA investigation and raid barred by sovereign immunity; remands wage claim to determine if employee performed enough no-tipped work to trigger minimum wage requirement; and dismisses appeal of denial of reconsideration of qualified immunity defense.

by William Gaskill

2 November 2016

10th Circuit holds that Texas national banks can do trust deed foreclosures in Utah even though Utah state law prohibits such foreclosures and affirms judgment for fraudulent insurance claims.

by William Gaskill

1 November 2016

Utah Supreme Court holds that, a person who otherwise qualifies as a plaintiff can sue himself for wrongful death or under the survivor statute; dismisses challenge to administrative action for inadequate briefing; and denies request to place items on local ballot as referenda.

by William Gaskill

4 October 2016

Utah Supreme Court dismisses appeal of “judgment” resolving legal issue but not resolving any claims.

by William Gaskill

20 September 2016

10th Circuit dismisses appeal for failure to designate reviewable order.

by William Gaskill

6 September 2016

Utah Court of Appeals holds rule of evidence 106 creates an exception to the hearsay rule; applies, but calls for the overturning of a 97 years old Utah supreme Court Case involving void contracts; dismisses appeal of rule 11 sanctions; holds statute of limitations did not run on child abuse charges; affirms dismissal of petition for post-conviction relief; and issues 3 other decisions.

by William Gaskill

2 August 2016

Utah Supreme Court reaffirms there is no direct appellate review of guilty pleas if a motion to withdraw is not filed before sentencing.

by William Gaskill

1 August 2016

10th Circuit holds denials of liability limitation in admiralty cases are appealable and holds insurance company only liable for the per accident amount under New Mexico case law.

by William Gaskill