7 June 2018

Utah Supreme Court affirms imposed joint operating agreement for a pooled oil field; adopts rule for proving implied waiver of antiwaiver contract provisions; and adopts new rule about how to prove prejudice in a land use case when there is a procedural defect.

by William Gaskill

9 June 2017

Utah Supreme Court holds assignment of legal malpractice claims is presumptively consistent with public policy and rejects constitutional challenges to Utah’s ban on driving with any amount of controlled substances.

by William Gaskill

27 June 2016

Utah Court of Appeals affirms ruling on the width of a road; upholds verdict of abandonment of contract; affirms quiet title judgment as to two mobile homes; concludes two notices of dismissal means no third try through a counterclaim; and issues three other decisions.

by William Gaskill

27 June 2016

Utah Supreme Court adopts rule of construction for covenants, conditions and restrictions; affirms suspension for prosecutorial misconduct involving discovery; and adopts a rule on expectation damages in the oil and gas lease context.

by William Gaskill

18 May 2016

Utah Court of Appeals holds there no need for a witness to events depicted in photograph to authenticate photo; holds permanent guardians are eligible for reunification services; upholds decision to correct erroneous statement of fact in stipulation and enter new divorce decree as a consequence; agrees that there was no meeting of minds in alleged land sale contract; holds conflict of inferences as to whether an entity that lost loan proceeds was agent of lender or borrower precludes summary judgment; and issues four other decisions.

by William Gaskill

11 March 2016

Utah Court of Appeals upholds statute of limitations judgment in executory contract case; upholds denial of stalking protective order; and issues five other decisions.

by William Gaskill

17 December 2015

Utah Supreme Court holds tax credit available to cable companies but not satellite television companies does not violate dormant commerce clause and that mandatory language in a contract generally creates a covenant and latent ambiguities in contracts must be proved by evidence of an objective collateral matter.

by William Gaskill

10 July 2015

Utah Supreme Court holds contract provisions requiring one party to buy insurance for the benefit of the other are not subject to strict construction.

by William Gaskill

25 June 2015

Utah Court of Appeals holds property should have been identified in writ of attachment; affirmed child sex abuse conviction; holds person not mentioned in or party to contract is not entitled to benefit of the contract; and issued 4 other decisions.

by William Gaskill

4 June 2015

Utah Court of Appeals holds Utah’s savings statue applies to claims against government entities; holds deed referenced in contract only to identify land being purchased did not impose duty to build road; holds claim that a civil case file is wrongly characterized as private survives dismissal of underlying case; and issues four other decisions.

by William Gaskill

26 January 2015

United States Supreme Court holds ERISA governed collective bargaining agreements are subject to normal principles of contract law.

by William Gaskill

4 November 2014

10th Circuit adopts good cause standard for motions to amend complaint after scheduling order deadline and issues three other decisions.

by William Gaskill