27 June 2018

Utah Court of Appeals affirmed summary judgment to defendants in four credit card collections cases; holds amendment to trust void as a matter of law; affirms a probation revocation; affirms firearm and other convictions arising from a traffic stop and high speed chase; sets aside denial of a workers compensation claim; affirms rape convictions; affirms denial of a nonconforming use application; and issues one other decision.

by William Gaskill

2 May 2018

Utah Court of Appeals affirms defense judgments in construction loan dispute; reinstates claims against attorney in a trust case; holds no criminal restitution can be assessed for security bars added after a break in; affirms sex crime conviction; affirms a divorce decree; affirms admission of a confession and consecutive sentences in a different sex crime case; affirms denial of workers compensation funeral and burial benefits; and issues one other decision.

by William Gaskill

7 December 2017

Utah Supreme Court abrogates passive retailer defense in product liability cases; rejects constitutional challenge to time limits on workers’ compensation permanent and temporary total disability benefits; and declines to decide if the state constitutional exclusionary rule has a good faith exception.

by William Gaskill

21 September 2017

Divided Utah Supreme Court unable to adopt rule to distinguish industrial accident form occupational disease for workers compensation purposes.

by William Gaskill

24 August 2017

10th Circuit holds Wyoming’s workers compensation medivac payment schedule is preempted by federal law and affirms denial of a motion to suppress.

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

28 July 2017

Utah Court of Appeals affirms denial of motion to cancel alimony and child support; reverses dismissal of a post-conviction relief petition; remands denial of a worker’s compensation claim for analysis under correct legal standard; affirms consecutive sentences; and issues two other decisions.

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

7 November 2016

Utah Court of Appeals affirms summary judgment and bad faith attorney fee award in irrigation rights of way case and issues five other decisions.

by William Gaskill

29 April 2016

Utah Supreme Court upholds workers compensation excusive remedy immunity for general contractor in negligence claim by employee of subcontractor.

by William Gaskill

25 January 2016

Utah Court of Appeals affirms fraud conviction; delinquency adjudication based in part on hearsay; holds failure to intervene in administrative proceeding means no standing to appeal detrimental ruling; reversed assault and kidnapping conviction because of possibly erroneous district court answer to jury question; holds no evidence to support wrongful death claim means summary judgment for defendant; upholds sex abuse conviction; and issues three other decisions.

by William Gaskill

5 September 2015

Utah Supreme Court holds most objections to deposition testimony ae waived if not made at deposition and that accepting workers compensation benefits does not constitute an irrevocable election of remedies.

by William Gaskill