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

23 February 2018

10th Circuit affirms summary judgement rejecting negligent entrustment of a car claim; holds property damage by subcontractors covered under general liability policy; affirms denial of qualified immunity;; holds complaint by credit union for marijuana businesses should be dismissed without prejudice; affirms rejection of claim for defense and indemnity under an insurance policy; reinstates a Sarbanes-Oxley claim; affirms sex offender conditions for supervised release in a gun possession case; affirms rejection of medical indifference claim; and affirms denial of motion concerning a consent decree for lack of standing.

by William Gaskill

9 February 2018

10th Circuit holds reduction of sentence does not restart habeas clock; affirms conviction for interfering with a flight crew; holds challenge to mandatory crime of violence sentencing guideline is untimely; rejects a challenge to black lung survivor benefits; holds arbitration provision in gaming compact unenforceable and orders it severed; and affirms rejection of claims arising from accidental tear gas exposure in a prison.

by William Gaskill

13 December 2017

Utah Court of Appeals remands breach of contract case; hold no statute of limitations applied in securities fraud administrative case; and reverses an easement by estoppel.

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

12 December 2016

Utah Court of Appeals holds land sale contract had an implied in law reasonable time to close provision; holds a confession was not coerced; and issues four other decisions.

by William Gaskill

22 August 2016

10th Circuit affirms finding of no coverage under auto policy.

by William Gaskill

11 July 2016

Utah Court of Appels affirms a contempt judgment; upholds priority judgment in foreclosure case; holds a district court substantially complied with mandate after remand in a child custody case; holds jury instructions in criminal nonsupport case were not erroneous; and issues one other decision.

by William Gaskill