11 July 2018

10th Circuit reinstates qui tam case; vacates mine safety citation; affirms dismissal of malicious prosecution and related claims; and vacates order for lack of subject matter jurisdiction.

by William Gaskill

21 June 2018

10th Circuit allows personal injury claim to proceed; affirms ruling of no car insurance coverage; vacates removal order; holds subsidiary bank was entitled to tax refund in a bankruptcy case; and affirms denial of a motion to suppress.

by William Gaskill

7 May 2018

Utah Supreme Court holds district court lacked subject matter jurisdiction over a residential property tax exemption case.

by William Gaskill

5 April 2018

10th Circuit reveres grants of qualified immunity in part and holds the Creek Reservation has not been disestablished and a murder conviction and death sentence must therefore be set aside for lack of state court subject matter jurisdiction.

by William Gaskill

11 September 2017

Utah Supreme Court holds federal standard controls who is a parent under Indian Child Welfare Act; holds prosecutors can charge violation of the measurable amount statue with higher penalties instead of for DUI; holds failure to obtain a stay during appeal involving rights in in certain real property or file a lis pendis means loss of actionable interest in that property if it is lawfully conveyed to a third party during the pendency of the appeal; overrules per se admissibility for preliminary hearing testimony of unavailable witnesses; and affirms child sex abuse convictions and sentence.

by William Gaskill

1 September 2017

10th Circuit rejects vagueness challenge to mandatory career criminal sentencing guideline; holds federal courts have subject matter jurisdiction over tribal suit seeking injunction against state contract lawsuit; and vacates preliminary injunction against a tribal court suit involving same contract litigation.

by William Gaskill