5 January 2018

10th Circuit reverses denial of qualified immunity motion; affirms a criminal forfeiture order; affirms denial of spoliation remedy; reverses denial of a motion to suppress; affirms rejection of motion to amend qui tam complaint; affirms drug convictions; affirms reinstatement of disability benefits; and vacates a preliminary injunction.

by William Gaskill

7 December 2017

Utah Supreme Court abrogates passive retailer defense in product liability cases; rejects constitutional challenge to time limits on workers’ compensation permanent and temporary total disability benefits; and declines to decide if the state constitutional exclusionary rule has a good faith exception.

by William Gaskill

21 November 2017

Utah Court of Appeals affirms a deficiency judgment; affirms aggravated assault and use of dangerous weapon in a fight convictions; affirms denial of a motion to suppress; reverses order of protective supervision; rejects claim for increased disability benefits for willful safety violation; rejects challenges to a sentence and restitution order; and issues two other decisions.

by William Gaskill

23 October 2017

10th Circuit rejects challenge to enhanced felon in possession sentence; reveres calculation of disability benefits as administrator of the policy acted arbitrarily and capriciously; reverses order excluding damages evidence as discovery sanction; and rejects sufficiency of the evidence challenge to bank fraud and identity theft convictions.

by William Gaskill

19 October 2017

Utah Court of Appeals affirms summary judgment in a breach of contract case; holds cities owe no duty to maintain streetlights; grants rehearing and affirms summary judgment as plaintiff failed to preserve argument relied upon by panel in initial reversal; affirms denial of permanent disability benefits; and affirms rejection of plat amendment.

by William Gaskill

13 September 2017

Utah Court of Appeals affirms drug conviction; affirms a probation revocation; affirms entry of a protective order; affirms award of total permanent disability benefits; vacates a criminal restitution award; affirms denial of petition for extraordinary relief; affirms lewdness conviction and issues one other decision

by William Gaskill

28 July 2017

Utah Supreme Court holds applying statue of repose to Utah and county claims to rights of way over federal land absurd and adopts substantial limitation standard for worker’s compensation permanent disability claims and rejects two claims under that standard.

by William Gaskill

30 May 2017

United States Supreme Court holds military disability benefits awarded after a divorce decree are not subject to division; holds venue for corporate defendants in patent infringement cases is where the corporation is incorporated; and rejects the 9th Circuit’s provocation rule in excessive force claims.

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

28 February 2017

10th Circuit affirms child pornography sentence and holds a district court erroneously reversed denial of disability benefits.

by William Gaskill

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

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