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expert witness testimony

8 May 2018

Utah Court of Appeals affirms convictions and sentences arising from spousal kidnapping; reverses child sex abuse convictions; holds prefilling procedures in medical malpractice suits do not toll the one-year state tort claim limitation period; reversed a criminal restitution order; and issues one other decision.


by William Gaskill

12 February 2018

Utah Supreme Court affirms rejection of defective construction claims and reverses a murder conviction.


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

8 September 2015

Divided Utah Supreme Court holds eliciting identification evidence on cross examination waived reliability challenges to the testimony.


by William Gaskill

8 December 2014

10th Circuit holds factual inference but not fraud on market theory can satisfy commonality requirement in RICO class action suits and issues two other published opinions.


by William Gaskill

17 October 2014

Utah Court of Appeals holds exclusionary rule does not apply in child welfare cases, that claim preclusion applies in civil stalking cases and issues six other decisions


by William Gaskill

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