13 August 2018

10th Circuit rejects state court jurisdiction over Indian casino slip and fall claim; remanded of motion to dismiss indictment for analysis under correct legal standard; reinstates First Amendment retaliation claim in part; affirms summary judgment in whistle-blower case; affirms Clean Air Act abatement plan approval; reinstates claim for punitive damages against judge in sexual harassment case; affirms judgment to insurer in breach of contract/bad faith case; affirms sex trafficking conviction; and affirms dismissal of securities fraud claims.

by William Gaskill

3 August 2018

Utah Court of Appeals affirms burglary and sex abuse convictions; affirms denial of motion to withdraw a nolo plea; affirms a rape conviction; affirms dismissal of a complaint as untimely; and remanded a child relocation motion for independent decision-making by district court.

by William Gaskill

23 July 2018

Utah Court of Appeals affirms termination of a father’s parental rights and affirms denial of a motion for new trial.

by William Gaskill

19 July 2018

Utah Supreme Court holds successor district court judges can revisit nonfinal orders entered in a case.

by William Gaskill

9 July 2018

Utah Supreme Court holds therapist have limited duty to parents to not recklessly create false memories or other false claims of sexual abuse; affirms murder conviction; and affirmed summary judgment in failure to procure insurance claim.

by William Gaskill

5 July 2018

10th Circuit affirms illegal entry sentence; affirms denial of business expenses deductions to marijuana company; and rejects habeas relief in death penalty case.

by William Gaskill

11 June 2018

Utah Court of Appeals vacates and remands criminal restitution order; holds suspending driver’s license is not an enforcement mechanism for civil judgment unrelated to use or ownership of motor vehicle; affirmed murder conviction; affirms summary judgment to attorney in legal malpractice case on limitations grounds; affirms summary judgment to county in wrongful death case under public duty doctrine; and holds tier designations in civil suits can only be changed by motion to amend not as issues tried by consent.

by William Gaskill

30 May 2018

Utah Court of Appeals affirms a rape conviction; reverses child sex abuse convictions and remands case for a new trial; affirms alimony award; sets aside municipal employee suspension and remands case; and affirms denial of a motion to suppress.

by William Gaskill

21 May 2018

Utah Court of Appeals affirms theft conviction; holds district court erred in excluding certain evidence at summary judgment in environmental cleanup case; affirmed an obstruction of justice conviction; and affirmed aggravated murder convictions.

by William Gaskill

18 April 2018

10th Circuit affirms imposition of a criminal fine; affirms a restitution order; and rejects two challenges to criminal sentences.

by William Gaskill

28 February 2018

Utah Court of Appeals adopts control and dominion test to identify transferees under fraudulent transfer act; affirms a divorce decree; instates a breach of fiduciary duty defense in breach of lease action; affirms attempted murder conviction on remand from Utah Supreme Court; 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