13 February 2017

Utah Court of Appeals reinstates fraud and related claims against broker in business purchase case; affirms denial of claim to public employee’s life insurance benefits; affirms use of post judgment interest rate for prejudgment interest damages in negligence case; and issues two other decisions.

by William Gaskill

2 November 2016

10th Circuit holds that Texas national banks can do trust deed foreclosures in Utah even though Utah state law prohibits such foreclosures and affirms judgment for fraudulent insurance claims.

by William Gaskill

28 June 2016

10th Circuit holds no need for deposition to issue third party subpoena in trademark administrative proceeding; affirms denial of habeas claim based on juror communication with husband; affirms dismissal of derivative suit; affirms admission of uncharged child molestation evidence at rape trial; affirms denial of qualified immunity to officer who shot and killed a dog; rejects a malicious prosecution claim; upholds a tax levy; and holds US Air force Academy entitled to protection under Colorado’s recreational use statute.

by William Gaskill

22 February 2016

Utah Court of Appeals affirmed termination of alimony based on cohabitation; affirms property division in divorce case as well as affirming rejection of fraud and legal malpractice claims in related cases; holds triable issue as to modification of at will contract require remand for trial; holds adding parties to case means no relation back; and issues one other decision.

by William Gaskill

26 December 2015

Utah Court of Appeals holds fraud in creating contract can make forum selection clause unenforceable; that there was no proper basis to deny judgment creditor’s request for information from Department of Workforce Services; that treating physic testimony was weak on causation, but, strong enough to defeat summary judgment; and issued one other decision.

by William Gaskill

25 July 2015

10th Circuit affirms wire and mail fraud convictions and reverses sentence based on losses unconnected to the fraud.

by William Gaskill

21 February 2015

Utah Court of Appeals holds ambiguous record means no waiver of right to counsel and issues 6 other decisions.

by William Gaskill