30 July 2018

Utah Supreme Court vacates emotional damages award in legal malpractice case.

by William Gaskill

10 July 2018

Utah Court of Appeals affirms aggravated robbery convictions and related enhanced sentence; affirms modification of a divorce decree; and reverses the dismissal of a breach of contract complaint.

by William Gaskill

3 July 2018

Utah Court of Appeals affirms aggravated kidnaping and related convictions; dismissal of third party claim against landowner’s insurance company; remands a breach of lease case; affirms denial of a motion to suppress; affirms dismissal of a post-conviction relief petition; and affirms denial of motion to amend divorce decree.

by William Gaskill

27 June 2018

10th Circuit vacates and remands an attorney fee award; rejects challenge to a supervised release condition; affirms an enhanced criminal sentence; and affirms a within guidelines sentence.

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

25 May 2018

Utah Supreme Court reverses prejudgment interest award in mechanic’s lien case.

by William Gaskill

29 March 2018

Utah Court of Appeals remands claims for wrongful termination for cause and attorney fees; reverses summary judgment in a slip and fall case; affirms denial of motion to withdraw guilty plea; affirms denial of a motion to amend a complaint; affirmed termination of a father’s parental rights; reverses some convictions which arose from a crime spree involving shooting police officers; affirms dismissal of state tort claim act case; and affirms local zoning decision.

by William Gaskill

26 February 2018

United States Supreme Court holds certain provision of the Foreign Sovereign Immunities Act does not create independent basis to allow attachment and execution on property; holds Dodd-Frank whistleblower protection against retaliation requires reporting alleged securities violations to Securities and Exchange Commission; holds a guilty plea does not in itself bar constitutional challenge to the statute of conviction; holds attorney fee awards in prisoner civil rights cases must be satisfied form the judgment obtained up to a 25% cap; and holds silence in a collective bargaining agreement is not ambiguity allowing lifetime benefits.

by William Gaskill

7 February 2018

Utah Court of Appeals affirms child sex abuse convictions; rejects criminal merger argument; vacates and remands an order reducing alimony; affirms and remands a different order changing alimony; affirms road rage convictions; and issues one other decision

by William Gaskill

2 February 2018

10th Circuit affirms wire fraud convictions; reverses order to reimburse Indian housing authorities with future appropriations; and affirms judgments entered in a Kansas mineral rights case.

by William Gaskill

1 December 2017

10th Circuit holds federal in forma pauperis statute does not apply when prisoner files in state court; affirms denial of a motion to suppress and drug convictions; rejects challenge to sex offender identifying driver license; holds immigration detainers cannot support fining a defendant will flee for bail purposes; rejects challenge to derivative suit settlement; affirms declaratory judgment on water service provision on claim preclusion grounds; and affirms enhanced armed career criminal sentence.

by William Gaskill

30 November 2017

Utah Supreme Court holds appellate review unavailable for untimely motions to withdraw guilty plea; rejects claim for bad faith insurance litigation attorney fees; holds stretch of Weber River navigable waters; and vacates part of a Court of Appels opinion.

by William Gaskill