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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“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...
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In Parkinson v. Bevis, 165 Idaho 599 (2019), the Idaho Supreme Court was faced with a case of first impression on whether an attorney can be sued for a breach of fiduciary duty as a separate cause of action from legal malpractice. In this case, an attorney forwarded a confidential email from a client to...
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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...
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August 26, 2019 On Tuesday, October 8, 2019, everyone will wake up and put their pants on one leg at a time, but those in the LGBT community will do so with the weight of the United States Supreme Court on their shoulders. After a hopefully hearty breakfast, attorneys and leaders in the LGBT community...
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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...
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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...
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November 23, 2016 On Monday, November 22, a Federal District Judge in Texas issued an injunction against the Department of Labor’s (DOL) new overtime rule. This injunction comes just 10 days before the new overtime rules were set to take effect. The overtime rule has been a hot button issue since 2014 when President Obama...
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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. ...
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October 24, 2016 There have been several studies analyzing different training methods for harassment prevention. We do not know the whole picture of what works and what doesn’t because there are so many variables. What do we know? We know from the research that training can change attitudes. (Antecol, H. & Cobb-Clark, D. Does sexual...
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October 13, 2016 On September 20, 2016, 21 states united to file suit against the United States Department of Labor (DOL) challenging the constitutionality of the new overtime rules it issued under the Fair Labor Standard Act (FLSA). The final rule is set to take effect on December 1, 2016. On May 18, 2016, after...
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September 19, 2016 In Morris v. Ernst & Young, a panel for the Ninth Circuit recently entered into a circuit split when it sided with the 7th Circuit and National Labor Relations Board (NLRB) in affirming the NLRB’s determination that “Concerted Action Waivers” required by employers as a condition of employment, violate §7 and §8...
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