14 May 2018

Utah Court of Appeals affirms summary judgment in UDOT negligence case and issues two other decisions.

by William Gaskill

8 May 2018

Utah Court of Appeals affirms convictions and sentences arising from spousal kidnapping; reverses child sex abuse convictions; holds prefilling procedures in medical malpractice suits do not toll the one-year state tort claim limitation period; reversed a criminal restitution order; and issues one other decision.

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

26 February 2018

Utah Supreme Court adopts federal summary judgment standard for burdens of persuasion.

by William Gaskill

7 December 2017

Utah Court of Appeals holds school district immune when teacher sexually abuses student; affirms denial of two motions to suppress; affirms denial of motion to release a lis pendis; and issued one other decision

by William Gaskill

24 August 2017

Utah Supreme Court holds failed payment by credit card does not affect timeliness of electronically filed complaint.

by William Gaskill

18 August 2017

Utah Court of Appeals reverses termination of corrections officer; affirms divorce property division; vacates homicide conviction for inadequate voir dire; affirms criminal sentence; affirms criminal restitution award; affirms breach of contract judgment and associated attorney fee award; and holds sex abuse claimant failed to given timely state tort claim notice.

by William Gaskill

27 April 2017

Utah Court of Appeals holds vexatious litigant determination can be based on behavior in cases other that the one where the vexatious litigant motion was filed; holds juvenile courts can retain jurisdiction over paternity suits when mother voluntarily relinquishes her rights; finds ineffective assistance of counsel for failing to move for mistrial when drug task force member prospective juror s says she knows defendant through her work during voir dire; rejects permanent disability claim where aggravated preexisting condition had resolved before permanent disability occurred; affirms permanent guardianship; rejects post-conviction relief claim for lack of briefing; rejects appeal in a breach of contract case for inadequate briefing; affirms dismissal of premises liability and negligence claims against a city; affirms denial of motion to reinstate time to appeal murder conviction; affirms workers compensation benefits award; affirms exclusion of parts of an expert witness’ deposition; affirms dismissal of tort claims arising form negative online review of attorney; affirms prescriptive use right to a mountain driveway but rejects right to park on the driveway; and issues two other decisions.

by William Gaskill

1 November 2016

Utah Court of Appeals affirms entry of stalking injunction and issues four other decisions.

by William Gaskill

29 August 2016

Utah Supreme Court holds savings statute does not apply to tort claims against Utah government entities; holds five years into a paternity suit that there is no subject matter jurisdiction over case; and rejects claims against settlement of R.C. Wiley founder’s estate.

by William Gaskill

10 March 2016

Utah Supreme Court holds letter rejecting tort claim against state agency did not restart the limitations period.

by William Gaskill

12 June 2015

Utah Supreme Court adopts premises liability as governing rule on negligent failure to maintain highway claims and holds exclusions to immunity waivers are subject to proximate causation analysis.

by William Gaskill