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

COVID-19 Impact on Litigation in Idaho

“There are some decades where nothing happens; and there are weeks where decades happen.” The last few weeks have felt like decades in a lot of respects. As with seemingly everything else, every day brings a “new normal” to litigation in Idaho.  Our team wanted to provide you a quick summary on some of the... View Post

WHEN ‘TRUST ME, I’M A DOCTOR’ ISN’T ENOUGH…

August 26, 2019 Where many medical malpractice cases often turn into a “battle of the experts,” it is rarely enough that a witness meet just the basic statutory and evidentiary rule requirements, as the effectiveness of any medical expert is also directly impacted by his or her credibility, likability, persuasiveness, and other subjective qualities. An... View Post

IDAHO LEGISLATIVE REVIEW: IMPACT OF AMENDMENT TO I.C. §12-117 (ATTORNEY’S FEES, WITNESS FEES AND EXPENSES AWARDED IN CERTAIN INSTANCES)

June 25, 2018 I.C. §12-117 During the last legislative session, the Idaho Legislature adopted amendments to I.C. §12-117, which deals with attorney’s fees in administrative proceedings – including administrative judicial proceedings.  The amendments can be found in Senate Bill No. 1316 and will go into effect on July 1, 2018. AMENDMENTS The amendment adds a... View Post

EEOC ISSUES NEW ENFORCEMENT GUIDANCE ON NATIONAL ORIGIN DISCRIMINATION

December 13, 2016 Author:  Bobbi K. Dominick On November 21, 2016, the EEOC issued a new Enforcement Guidance covering national origin discrimination.  The last time the EEOC issued something on national origin discrimination was in 2002, and this guidance includes some important issues and significant legal developments that have occurred since then.  Employers would be... View Post

OSHA PUBLISHES FINAL RULE ESTABLISHING WHISTLEBLOWER PROTECTIONS UNDER THE AFFORDABLE CARE ACT

October 27, 2016 On October 12, 2016, the Occupational Safety and Health Administration (OSHA) published its final rule regarding employer whistleblower protections under §1558 of the Affordable Care Act (ACA) establishing procedures and time frames for handling retaliation complaints under the ACA. The ACA was enacted in an attempt to help decrease health care costs. ... View Post