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

21 June 2018

10th Circuit allows personal injury claim to proceed; affirms ruling of no car insurance coverage; vacates removal order; holds subsidiary bank was entitled to tax refund in a bankruptcy case; and affirms denial of a motion to suppress.

by William Gaskill

27 March 2017

Utah Supreme Court holds no professional liability coverage where negligent real estate associate was not paid through commission.

by William Gaskill

19 January 2017

10th Circuit affirms rejection of disability discrimination claim; reaffirms that Congress can criminalize intrastate child pornography production; approves a division of liability between two insurers of the same fire damaged building; and holds a certain part of Wasatch County, Utah is not Indian country.

by William Gaskill

30 August 2016

10th Circuit adopts rule for trade dress claims involving color; reverses summary judgment in a Freedom of Information Act case; and holds civil case cover sheet can trigger the removal to federal court clock.

by William Gaskill

22 August 2016

10th Circuit affirms finding of no coverage under auto policy.

by William Gaskill

5 August 2016

Utah Court of Appeals disavows recent cases allowing review of probation revocation after defendant is released from custody; reverses sexual battery conviction based on improperly admitted other bad acts evidence; affirms a condemnation order but remands for new valuation analysis; and held an incomplete roof was not a roof for purposes of a homeowners policy.

by William Gaskill

1 August 2016

10th Circuit holds denials of liability limitation in admiralty cases are appealable and holds insurance company only liable for the per accident amount under New Mexico case law.

by William Gaskill

8 April 2016

10th Circuit affirms ejectment order even though original land survey was later discarded and upholds finding of no insurance coverage in fatal car crash case.

by William Gaskill

14 March 2016

10th Circuit orders new trail as district court erred in construing coinsurance provision and excluding evidence about it at trial.

by William Gaskill

21 January 2016

10th Circuit holds state and federal drug agents lack authority to grant immunity from prosecution; affirms a felon in possession conviction; holds failing to raise personal jurisdiction defense in motions to dismiss or answer waives the defense; reversed summary judgment in insurance claim case; upholds rule of no reduction in back pay for increased wages in second job in labor case; finds pa down before consent search of car justified; affirms deportation order; and remands speedy trial case for additional analysis of whether case should be dismissed with prejudice.

by William Gaskill

25 August 2015

10th Circuit retains any benefit standard to evaluate substantive claims under the individuals with disabilities education Act; holds Oklahoma’s discretionary life sentence scheme for minor murders is constitutional; holds failure to prove causation means product liability case fails; and holds excess insurer had no duty to initiate settlement before primary insurance was exhausted; and affirms illegal hunting convictions and sentence.

by William Gaskill