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statute of repose
2 July 2018
Utah Supreme Court holds time barred construction defect case commenced when complaint filed.
by William Gaskill
28 June 2018
Utah Supreme Court affirms summary judgment to landowner in wrongful death case and holds medical malpractice pre-litigation process tolls repose period.
by William Gaskill
28 July 2017
Utah Supreme Court holds applying statue of repose to Utah and county claims to rights of way over federal land absurd and adopts substantial limitation standard for worker’s compensation permanent disability claims and rejects two claims under that standard.
by William Gaskill
13 July 2017
United States Supreme Court holds filing a securities class action suit does not toll statute of repose for individual claims; ineffective assistance by appellate counsel cannot provide cause to overcome procedural bar; and holds defendants seeking new trial through claims of ineffective assistance based on failure to object to closed voir dire error must prove prejudice.
by William Gaskill
23 October 2015
Utah Court of Appeals holds three year period to petition to probate a will is a statue of repose not subject to equitable tolling.
by William Gaskill
14 May 2015
Utah Court of Appeals holds being arm’s length from a bag of drugs and denying ownership of the bag does not equal constructive possession of the bag; that construction defect cases are subject to a six year statute of repose; and issues three other decisions.
by William Gaskill
