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

27 August 2016

Utah Supreme Court recognizes filial consortium cause of action when the injured child is a minor.

by William Gaskill

1 August 2016

10th Circuit holds denials of liability limitation in admiralty cases are appealable and holds insurance company only liable for the per accident amount under New Mexico case law.

by William Gaskill

10 August 2015

In the last seven days, the Utah Supreme Court adopted the restatement rule for entities holding persons in custody, but, held claim for injuries inflicted by inmate in work release program barred by governmental immunity; held attorney’s ethical obligation to report wrongdoing to supervisors is not a basis for a wrongful termination claim; and reiterates the state need only prove probable cause at preliminary hearings.

by William Gaskill

30 April 2015

In a busy day, Utah Court of Appeals finds no error in refusal to appoint Spanish speaking counsel; orders new trial in a case where a jury instruction which lowered mens rea requirement from willful to reckless; holds district court must look to totality of the circumstances in case where a former NBA player wants to lower his child support payments; holds district court must independently determine if a prenuptial agreement is fraudulent; affirms a child sex abuse conviction; and issues 7 other decisions

by William Gaskill

21 February 2015

Utah Court of Appeals holds ambiguous record means no waiver of right to counsel and issues 6 other decisions.

by William Gaskill

9 January 2015

Utah Supreme Court holds physicians have no duty to consult with nurse practitioners before the nurse prescribes medicine.

by William Gaskill

2 January 2015

Utah Court of Appeals holds that when police evaluate a person in distress and take steps to protect, a tort claim against the officers’ employers will lie if the officers act unreasonably and issues five other decisions.

by William Gaskill

21 November 2014

Utah Supreme Court retains but limits public duty doctrine and issues one other decision.

by William Gaskill