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issue preclusion

22 December 2017

Utah Court of Appeals affirms denial of real estate license renewal; affirmed summary judgment in breach of trust case; and affirms a burglary 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

1 August 2016

Utah Court of Appeals affirms rejection of expert testimony as disclosure sanction; holds trial and appellate counsel ineffective in arson case; concludes showing up at preliminary injunction hearing is not an appearance in a case which can prevent default form being entered; reminds trial judge extrinsic evidence is admissible in support of mistake claim in a contract dispute; affirms rejection of disability benefits claim; holds district court judges can, but are not required to, revisit prior rulings in a de novo trial on appeal from justice court; held no duty for lessee to maintain parking lot in slip and fall case; holds credit card processing error does not make electronic filing of complaint ineffective; and issue one other decision.


by William Gaskill

21 April 2015

Utah Supreme Court holds it is error to exclude expert witnesses exposed to confidential information and to exclude their replacements for late designation and holds law firm’s third try at attorney fees barred by issue preclusion.


by William Gaskill

24 March 2015

United States Supreme Court adopts rule for securities material misrepresentation claims based on statements of opinion and holds trademark administrative rulings can have issue preclusive effects.


by William Gaskill

24 January 2015

Utah Court of Appeals holds rape defendant provided insufficient detail of his sexual history with victim to overcome rape shield and issues 6 other decisions.


by William Gaskill

23 December 2014

10th Circuit holds Marvel Comics claim collaterally estopped and issues one other published opinion.


by William Gaskill

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