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

26 April 2018

Utah Supreme Court affirms termination of a guardianship.

by William Gaskill

30 March 2018

10th Circuit rejects challenges to Colorado legal marijuana regime and affirms dismissal of a defamation complaint arising from a dateline NBC expose.

by William Gaskill

20 March 2018

United States Supreme Court holds state courts continue to have exclusive jurisdiction over class action suits brought under the Securities Act of 1933.

by William Gaskill

9 February 2018

10th Circuit holds reduction of sentence does not restart habeas clock; affirms conviction for interfering with a flight crew; holds challenge to mandatory crime of violence sentencing guideline is untimely; rejects a challenge to black lung survivor benefits; holds arbitration provision in gaming compact unenforceable and orders it severed; and affirms rejection of claims arising from accidental tear gas exposure in a prison.

by William Gaskill

2 February 2018

10th Circuit affirms wire fraud convictions; reverses order to reimburse Indian housing authorities with future appropriations; and affirms judgments entered in a Kansas mineral rights case.

by William Gaskill

31 January 2018

Utah Supreme Court holds restitution orders of the Board of Pardons and parole are not subject to judicial review.

by William Gaskill

24 January 2018

United States Supreme Court holds state limitations periods are suspended when state law claims are litigated in federal court; reverses finding of no probable cause to arrest and denial of qualified immunity; and holds challenges to a rule defining the waters of the United States must be field in district court.

by William Gaskill

3 January 2018

Utah Court of Appeals affirms two separate orders terminating parental rights; vacates and remands a criminal restitution order; and affirms an indemnity judgment.

by William Gaskill

24 October 2016

Utah Supreme Court adopts rule for determining what a dangerous weapon is for aggravated robbery cases; rejects an inevitable discovery argument in a suppression case; rejects effort to modify 1910 water rights decree through post-judgment motion; and denies petition for extraordinary relief, but, order rules committees to consider removing categorical bar to new trial or relief from judgment motions based on newly discovered evidence found after the applicable deadlines while an appeal is pending.

by William Gaskill

19 April 2016

The United States Supreme Court requires Nevada to apply its damages cap to claims against California tax authorities and holds a Maryland program to encourage new power plants preempted by Federal Power Act.

by William Gaskill

27 May 2015

10th Circuit holds failure to verify EEOC claim does not strip district court of jurisdiction over resulting suit; affirmed denial of a motion to suppress; and affirms clawback of attorney fees paid by Ponzi scheme.

by William Gaskill