7 June 2018

United States Supreme Court reverses in the same sex wedding cake case; holds certain plea agreements make defendants eligible for sentence reductions while mandatory minimum sentences do not; and holds false statements about a single asset can make certain debts nondischargeable in bankruptcy.

by William Gaskill

29 March 2018

United States Supreme Court holds cases consolidated under Rule 42 remain spate for appellate jurisdiction purposes.

by William Gaskill

12 March 2018

10th Circuit holds Rule 68 offers only effective if done after service of process or waiver of service.

by William Gaskill

23 February 2018

Utah Supreme Court holds no attorney discipline for offering an opinion on an unresolved legal question.

by William Gaskill

27 April 2017

Utah Court of Appeals holds vexatious litigant determination can be based on behavior in cases other that the one where the vexatious litigant motion was filed; holds juvenile courts can retain jurisdiction over paternity suits when mother voluntarily relinquishes her rights; finds ineffective assistance of counsel for failing to move for mistrial when drug task force member prospective juror s says she knows defendant through her work during voir dire; rejects permanent disability claim where aggravated preexisting condition had resolved before permanent disability occurred; affirms permanent guardianship; rejects post-conviction relief claim for lack of briefing; rejects appeal in a breach of contract case for inadequate briefing; affirms dismissal of premises liability and negligence claims against a city; affirms denial of motion to reinstate time to appeal murder conviction; affirms workers compensation benefits award; affirms exclusion of parts of an expert witness’ deposition; affirms dismissal of tort claims arising form negative online review of attorney; affirms prescriptive use right to a mountain driveway but rejects right to park on the driveway; and issues two other decisions.

by William Gaskill

27 February 2017

Utah Court of Appeals holds stating topics a non-retained expert will cover is insufficient notice of anticipated testimony; affirms grant of new trial for legal error; affirms dismissal of securities fraud case; and rejects effort to set aside default judgment.

by William Gaskill

17 February 2017

Utah Court of Appeals holds juvenile court judge’s marriage to chief deputy district attorney office created an appearance of partiality requiring new bind over hearing; affirms summary judgment based on worker’s compensation exclusive remedy principle; remands case for evidentiary hearing on ineffective assistance claim; and affirms aggravated robbery conviction.

by William Gaskill

8 February 2017

Utah Supreme Court waived additional education requirement for foreign educated bar applicant and dismisses appeal of attorney discipline order for late filing.

by William Gaskill