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burden of proof

23 March 2018

10th Circuit rejects challenge to Utah’s signature access to primary ballot provisions; affirms rejection of ERISA breach of fiduciary duty claim; affirms remedy order in citizen Clean Water Act suit; and affirms two sanctions orders.


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

19 February 2015

10th Circuit reiterates that disability discrimination plaintiffs bear ultimate burden to prove they are qualified individuals and employer views on a job’s essential functions are entitled to deference and reinstates intentional misrepresentation claim against Jack Nicklaus .


by William Gaskill

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