3 July 2017

10th Circuit holds attorney fee calculation in diversity common fund cases is controlled by state law; affirms dismissal of challenge to state attorney discipline decision; and rejects challenge to Kansas regulation requiring certain applications of termite pesticide.

by William Gaskill

12 June 2017

10th Circuit holds tribal lands are not subject to eminent domain for utility rights of way and affirms award of black lung benefits.

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

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

1 August 2016

Utah Court of Appeals affirms rejection of expert testimony as disclosure sanction; holds trial and appellate counsel ineffective in arson case; concludes showing up at preliminary injunction hearing is not an appearance in a case which can prevent default form being entered; reminds trial judge extrinsic evidence is admissible in support of mistake claim in a contract dispute; affirms rejection of disability benefits claim; holds district court judges can, but are not required to, revisit prior rulings in a de novo trial on appeal from justice court; held no duty for lessee to maintain parking lot in slip and fall case; holds credit card processing error does not make electronic filing of complaint ineffective; and issue one other decision.

by William Gaskill

23 May 2016

10th Circuit holds omitting facts about a claim against federal government in administrative claim waives all claims based on the omitted facts.

by William Gaskill

1 September 2015

10th Circuit holds bar on post-sentence withdrawal of guilty plea is jurisdictional; that eyewitness identification based on 30 year old memories of torturer does violate due process; and allows as applied challenges to conditions of supervised release which have not been appealed.

by William Gaskill

21 January 2015

10th Circuit holds Federal Tort Claim Act statute of limitations still jurisdictional; that actual knowledge or the reasonable person standard can prove a statement against interest and issues one other published opinion.

by William Gaskill