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claim preclusion

21 June 2018

Utah Court of Appeals rejects late claim for water rights; affirms denial of motions related to a criminal restitution order; affirms firearm discharge conviction; affirms child rape conviction; affirms stalking conviction; affirms an assault conviction; affirms judgment in breach of employment contract case; affirms an aggravated assault conviction; reinstates unnecessary rigor claims in part; and affirms rejection of an attorney fee claim.


by William Gaskill

2 May 2018

Utah Court of Appeals affirms defense judgments in construction loan dispute; reinstates claims against attorney in a trust case; holds no criminal restitution can be assessed for security bars added after a break in; affirms sex crime conviction; affirms a divorce decree; affirms admission of a confession and consecutive sentences in a different sex crime case; affirms denial of workers compensation funeral and burial benefits; and issues one other decision.


by William Gaskill

31 January 2018

Utah Court of Appeals remands medical negligence case for new trail on limitations issue; affirms rejection of care review privilege claim; affirms aggravated assault conviction; and issues one other decision.


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

20 June 2017

10th Circuit rejects government effort to increase sentence in kidnapping case; affirms qualified immunity grant to officers who ordered woman to stop praying; rejects effort for further sentence reduction; holds claim preclusion bars truth in lending claim.


by William Gaskill

19 June 2017

Utah Court of Appeals rejects public retirement benefits claim and issues three other decisions.


by William Gaskill

24 May 2017

Utah Supreme Court affirms district court rulings limiting recovery in mechanic’s lien case and awarding attorney fees to defendant on facts of the case.


by William Gaskill

15 March 2017

Utah Supreme Court affirms dismissal of counterclaim as barred by claim preclusion


by William Gaskill

1 November 2016

Utah Court of Appeals affirms entry of stalking injunction and issues four other decisions.


by William Gaskill

14 August 2015

Utah Court of Appeals affirms convictions in a fatal boating accident; holds inevitable discovery applies when police start to apply or a warrant and would have gotten one; holds a prescriptive easement was proven; holds an order setting priority between creditors unambiguously did so; that lying about the whereabouts of a probationer accused of violating probation is not obstructing justice; and issues 3 other decisions.


by William Gaskill

23 April 2015

Utah Court of Appeals affirms stalking conviction, holds business operating on Navy controlled land is not subject to tax in lieu of property tax and issues 7 other decisions.


by William Gaskill

12 March 2015

Utah Court of Appeals allows paternity claim to be brought through motion for modification of divorce decree when child is omitted from decree and issues two other decisions.


by William Gaskill

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