Jury Trials Suspended in Idaho

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... View Post

Dealing With A Wrongful Death Claim

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... View Post

How To Avoid Acting As The “Cat’s Paw” In Employment Decisions

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... View Post

Name, image, likeness: how blurred are the lines?

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. ... View Post

IDAHO RULE OF EVIDENCE 407: TO FIX OR NOT TO FIX

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... View Post

NEGLIGENCE DEFENSES: SUDDEN EMERGENCY DOCTRINE

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... View Post

NEGLIGENCE DEFENSES: UNAVOIDABLE ACCIDENT DEFENSE

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... View Post

WHO IS TO BLAME? THE QUESTION THAT’S HOLDING UP LEGISLATION AUTHORIZING THE USE OF MORE AUTONOMOUS VEHICLES ON U.S. ROADS

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... View Post

April 23rd Update: COVID-19 Impact on Litigation in Idaho

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... View Post