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

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

7 November 2016

Utah Court of Appeals affirms summary judgment and bad faith attorney fee award in irrigation rights of way case and issues five other decisions.

by William Gaskill

6 July 2016

10th Circuit affirms dismissal of securities fraud claim for lack of scienter and affirms insurance bad faith verdict against insurer.

by William Gaskill

25 March 2016

Utah Court of Appeals upholds admitting an absent witness’ preliminary hearing testimony; holds it is not bad faith for an insurance company to ask a court what “jet ski” means; and issues five other decisions.

by William Gaskill

25 November 2015

10th Circuit holds jury could find bad faith by managers who lied during the valuation of an LLC membership and thus reversed summary judgment.

by William Gaskill

18 September 2015

Utah Court of Appeals affirms paternity custody award; holds claim for back child support forfeited through delay in raising the claim; holds no duty to provide title meant no breach of contract; holds identifying one possible something keeping plaintiff form getting a job pled causation; holds filings at summary judgment stage satisfied liquidation statue’s notice and objection provisions; and issued two other decisions.

by William Gaskill

30 July 2015

Utah Court of Appeals remands other bad acts motion for evaluation under correct legal standard; holds failing to disclose documented wetlands violation breached land sale contract and was bad faith; adoption by aunt and uncle terminated grandparent visitation rights; holds a locked door and no trespass sign on a bedroom door do not given notice of separate residence status; and held counsel was ineffective for not objecting to jury instruction that omitted an element.

by William Gaskill