17 January 2018

10th Circuit holds ski resort liability waiver bars suit for injury during ski lesson; affirms in part and reveres in part judgments in an oil and gas royalties case; affirms judgment notwithstanding verdict to defendant in cable set top box antitrust case; affirms ruling that certain regulations are void for going against plain language of Indian Gaming Regulatory Act; and limits value of real estate charitable deductions for trusts and estates to adjusted basis in property.

by William Gaskill

5 May 2017

!0th Circuit reverses denial of qualified immunity for prosecutor; affirmed denial of a motion to suppress; affirms dismissal of marijuana dispensary suit to enjoin IRS investigation of its business records; and affirms drug conspiracy conviction.

by William Gaskill

6 September 2016

10th Circuit allows managing partner to raise good faith defense in tax refund case rejected in the partnership level challenge to the tax assessment and affirms jury verdict in oil/gas well destruction case.

by William Gaskill

11 July 2016

Utah Court of Appels affirms a contempt judgment; upholds priority judgment in foreclosure case; holds a district court substantially complied with mandate after remand in a child custody case; holds jury instructions in criminal nonsupport case were not erroneous; and issues one other decision.

by William Gaskill

31 January 2015

In a busy day, the Utah Supreme Court allows wrongful death suits when the decedent already won a personal injury case; eliminated “improper purpose” intentional interference with economic relations claims; declared that the Utah Code does not list all the ways nonconsent can be proven in a rape case; refers an attorney to the ethics office for illegal fee;announces that comparative fault covers intentional torts as well as negligence; imposed a duty on gun owners to keep their guns from intoxicated people; says mechanic’s lien cannot inlcude attorney fees and issued 7 other decisions.

by William Gaskill

6 January 2015

10th Circuit adopts strict compliance rule for conservation easement charitable deductions.

by William Gaskill