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damages

29 June 2018

United States Supreme Court holds foreign sales damages are available in certain patent infringement cases; holds stock options are not taxable money compensation for railroad retirement purposes; reverses a racial gerrymandering order in part; summarily reverses grant of habeas relief; and summarily remands qualified immunity case or further analysis.


by William Gaskill

12 February 2018

Utah Court of Appeals affirms judgment for severance damages in condemnation case and vacates a declaratory judgment for lack of standing.


by William Gaskill

3 November 2017

10th Circuit reinstates some claims in drug failure to warn case; reverses the issuance of a preliminary injunction; vacates enhanced sentence in felon in possession case; reinstates computer code misappropriation claim; rejects constitutional challenge to warrantless searches of prescription drug records database; affirms distribution order in a bankruptcy case; affirms nursing home abuse judgment; and vacates life sentence in drug conspiracy case.


by William Gaskill

20 March 2017

Utah Court of Appeals affirms murder conviction; affirms judgment in car rear ending case; remands a divorce case for fact-finding; and issues one other decision.


by William Gaskill

6 December 2016

United States Supreme Court holds patent infringement damages can be based on smartphone components as well as complete smartphones; affirms an insider trading conviction based on tips form defendant’s brother in law; and holds no automatic dismissal of qui tam suit if sealed complaint is disclosed.


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

In course of affirming judgments in trade secret act case, the Utah Supreme Court adopts rule on when factual issues may be revisited after appellate remand, adopts rule to determine when a purported trade secret is not readily ascertainable, explains when an attorney fee award can be based on a contingent fee agreement, identifies which choses in action qualify for 10% interest and clarifies causation element in legal malpractice claims.


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

18 December 2015

Utah Court of Appeals upholds a deficiency judgment and issues 6 other decisions.


by William Gaskill

30 August 2015

Divided Utah Supreme Court holds disclosure of information protected by a nondisclosure agreement creates a presumption of harm.


by William Gaskill

28 July 2015

Utah Supreme Court holds plaintiffs with a contract implied in law claim which only seeks money damages entitled to a jury trial on that claim.


by William Gaskill

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