9 February 2018

10th Circuit holds reduction of sentence does not restart habeas clock; affirms conviction for interfering with a flight crew; holds challenge to mandatory crime of violence sentencing guideline is untimely; rejects a challenge to black lung survivor benefits; holds arbitration provision in gaming compact unenforceable and orders it severed; and affirms rejection of claims arising from accidental tear gas exposure in a prison.

by William Gaskill

5 January 2017

10th Circuit holds that when an arbitration provision clear and unmistakably assigns arbitrability determinations to the arbitrator, even wholly groundless assertions of arbitrability must be sent to arbitration.

by William Gaskill

14 August 2016

Utah Court of Appeals affirms confirmation of arbitration award; finds no error in admitting photo identification testimony at murder trial; and issues one other decision.

by William Gaskill

18 May 2016

10th Circuit rejects ex post facto challenge to Oklahoma’s sex offender statute and orders motion to intervene be granted based on mandatory statutory right.

by William Gaskill

5 January 2016

10th Circuit holds arbitration provision unenforceable in a federal wage claim case; rejects suppression of evidence when other items were stolen by police; and enforced liability waiver in rafting death case.

by William Gaskill

23 July 2015

In the last seven days, the Utah supreme Court holds escrow agents owe fiduciary duties to third party beneficiaries; that title companies are liable in many instances when escrow agents improperly disburse funds; that district court judges can serve as both magistrates and judges in the same case; that Utah’s civil case arbitration statute provides the sole means to rescind the decision to arbitrate, but, does not apply to claims that can be brought as a different suit; that post-conviction relief statutes apply to all proceedings before a trail court not just formal trial claims; affirmed discovery sanction default judgment; and reminds lawyers that stealing client funds will result in disbarment.

by William Gaskill

24 June 2015

10th Circuit holds defendant waived right to compel arbitration by litigating for two years and failing to raise arbitration during that time.

by William Gaskill

24 January 2015

Utah Court of Appeals holds rape defendant provided insufficient detail of his sexual history with victim to overcome rape shield and issues 6 other decisions.

by William Gaskill