We would like to inform you about an order recently issued by the Idaho Supreme Court that could have a significant impact on civil jury trials in Idaho. BACKGROUND As many of you are aware, on September 16, 2021, the Idaho Department of Health and Welfare activated Crisis Standards of Care (CSC) throughout the State...
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For a deceased plaintiff, the question involves not only when the plaintiff dies, but what caused the death, and what type of claims exist. As a general rule, the decedent’s claims belong to the estate, and thus a personal representative or special administrator should be appointed to pursue the claims. However, personal injury or property...
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In some circumstances, an employer may be on the hook for a discrimination claim brought by a current or former employee—even if the employer did not have discriminatory intent. Because a company’s subordinates act on behalf of their employer, a subordinate’s discriminatory motive can sometimes carry over to the employer itself. Thus, when the subordinate...
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A deceased plaintiff and a deceased defendant are vastly different things. In some respects, there are similarities, as the attorney needs to determine what claims and damages, or defenses transfer from the decedent to a substitute party. However, other things are very different. For example, if the plaintiff dies as a result of the tortious...
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24 states have been anticipating the change in college athletics that allows student-athletes to profit off their name, image, and likeness (NIL) by enacting legislation that will assist their universities in determining right from wrong. As for the other 26 states, they will rely on the preliminary, and vague, NIL rules provided by the NCAA. ...
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Idaho follows the general rule that evidence of post-accident repairs or alterations, or “subsequent remedial measures,” to show antecedent negligence is inadmissible at trial.1 Under Idaho R. Evid. 407, the evidence is also inadmissible to show a defect in a product or design or a need for a warning or instruction. People usually think of...
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Like the “unavoidable accident” defense, the “sudden emergency” doctrine has roots dating back to the early 20th century.1 The doctrine recognizes that, when a person is placed in a position of apparent peril or danger without time to consider the circumstances, and in an effort to avoid such danger steps in the way of another...
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The “unavoidable accident” defense in negligence actions has roots dating back to the early 20th century in Idaho.1 It is generally defined as an unforeseeable and unavoidable event that was not caused by a negligent act or omission of any party in the lawsuit.2 For example, if there was evidence of uncertain weather conditions at...
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When someone is injured on your property and files suit, what does Idaho law say about the duty of care owed to the injured person to prevent their injury? In Packer v. Riverbend Communications and Dupuis v. E. Idaho Health Servs., Inc., the Idaho Supreme Court recently defined that duty for property owners generally and...
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The push towards autonomous vehicles from tech and automobile companies in the United States remains strong. In the wake of two major accidents involving self-driving cars, legislators and trial lawyers alike have stalled legislation that would ramp up testing and production of autonomous vehicles until one question is answered: who is liable in the event...
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If you are an insurer and intend to file an interpleader action1 related to an insurance claim or lawsuit between an insured and a third-party, you should know about the Fourth Circuit’s decision in AmGuard Insurance v. SG Patel and Sons II LLC et al., 20-1246, decided on June 7, 2021, and its implications for...
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There are two significant updates we would like to inform you about: the Idaho Supreme Court’s most recent order and Idaho Governor Brad Little’s announcement that Idaho will begin relaxing stay-at-home orders. IDAHO SUPREME COURT ORDER REGARDING OPERATIONS: On April 22, 2020, the Idaho Supreme Court provided its latest order regarding the operation of Idaho’s...
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