1 August 2016

Utah Court of Appeals affirms rejection of expert testimony as disclosure sanction; holds trial and appellate counsel ineffective in arson case; concludes showing up at preliminary injunction hearing is not an appearance in a case which can prevent default form being entered; reminds trial judge extrinsic evidence is admissible in support of mistake claim in a contract dispute; affirms rejection of disability benefits claim; holds district court judges can, but are not required to, revisit prior rulings in a de novo trial on appeal from justice court; held no duty for lessee to maintain parking lot in slip and fall case; holds credit card processing error does not make electronic filing of complaint ineffective; and issue one other decision.

by William Gaskill

2 May 2016

Utah Court of Appeals upholds consecutive sentences resulting in a 70 year minimum sentence; affirms rejection of torts claims in foreclosure case; upholds determination that online product advocates are employees for unemployment insurance purposes; declines to decide what the statute of limitations is for collection action involving credit card account; holds effort to reopen mineral rights portion of estate is time barred; holds added plaintiff entitled to full deficiency judgment in foreclose action; and issues five other decisions.

by William Gaskill

13 January 2016

10th Circuit holds no property interest in remaining on Kansas’ list of preapproved construction aggregate suppliers and affirms default judgment in securities fraud case.

by William Gaskill

23 July 2015

In the last seven days, the Utah supreme Court holds escrow agents owe fiduciary duties to third party beneficiaries; that title companies are liable in many instances when escrow agents improperly disburse funds; that district court judges can serve as both magistrates and judges in the same case; that Utah’s civil case arbitration statute provides the sole means to rescind the decision to arbitrate, but, does not apply to claims that can be brought as a different suit; that post-conviction relief statutes apply to all proceedings before a trail court not just formal trial claims; affirmed discovery sanction default judgment; and reminds lawyers that stealing client funds will result in disbarment.

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