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relation back

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

9 March 2018

10th Circuit affirms disgorgement order; affirms rejection of claims against ski resort for injuries from ski accident; affirms rejection of attack on an enhanced sentence; affirms denial of motion of suppress; reverses denial of qualified immunity in First Amendment retaliation case; and affirms drug and other convictions.


by William Gaskill

7 June 2017

Utah Supreme Court holds party holding undivided interest in note was properly added as plaintiff after statute of limitations ran and was entitled to the whole deficiency under the note.


by William Gaskill

2 May 2016

Utah Court of Appeals upholds consecutive sentences resulting in a 70 year minimum sentence; affirms rejection of torts claims in foreclosure case; upholds determination that online product advocates are employees for unemployment insurance purposes; declines to decide what the statute of limitations is for collection action involving credit card account; holds effort to reopen mineral rights portion of estate is time barred; holds added plaintiff entitled to full deficiency judgment in foreclose action; and issues five other decisions.


by William Gaskill

22 February 2016

Utah Court of Appeals affirmed termination of alimony based on cohabitation; affirms property division in divorce case as well as affirming rejection of fraud and legal malpractice claims in related cases; holds triable issue as to modification of at will contract require remand for trial; holds adding parties to case means no relation back; and issues one other decision.


by William Gaskill

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