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

29 March 2018

Utah Court of Appeals remands claims for wrongful termination for cause and attorney fees; reverses summary judgment in a slip and fall case; affirms denial of motion to withdraw guilty plea; affirms denial of a motion to amend a complaint; affirmed termination of a father’s parental rights; reverses some convictions which arose from a crime spree involving shooting police officers; affirms dismissal of state tort claim act case; and affirms local zoning decision.

by William Gaskill

12 March 2018

Utah Court of Appeals reverses denial of motions to amend complaints.

by William Gaskill

5 January 2018

10th Circuit reverses denial of qualified immunity motion; affirms a criminal forfeiture order; affirms denial of spoliation remedy; reverses denial of a motion to suppress; affirms rejection of motion to amend qui tam complaint; affirms drug convictions; affirms reinstatement of disability benefits; and vacates a preliminary injunction.

by William Gaskill

24 March 2017

Utah Supreme Court affirms summary judgment rejecting mining road claim.

by William Gaskill

27 February 2017

Utah Court of Appeals holds stating topics a non-retained expert will cover is insufficient notice of anticipated testimony; affirms grant of new trial for legal error; affirms dismissal of securities fraud case; and rejects effort to set aside default judgment.

by William Gaskill

23 December 2015

10th Circuit upholds qualified immunity when plaintiff wouldn’t give identification at airport checkpoint; reinstates racially hostile work environment claim; holds possessing stolen car in Oklahoma is a crime of moral turpitude for immigration purposes; upholds life sentence in drug case; holds sovereign immunity bars claims by descendants of massacre survivors; and affirms judgment for manufacturer fatal ATV rollover case.

by William Gaskill

4 November 2014

10th Circuit adopts good cause standard for motions to amend complaint after scheduling order deadline and issues three other decisions.

by William Gaskill