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

ADDITIONAL TIPS ON HARASSMENT PREVENTION TRAINING

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... View Post

EMPLOYERS BEWARE: THE ARBITRATION AGREEMENT IN YOUR EMPLOYMENT CONTRACT MAY VIOLATE §7 AND §8 OF THE NATIONAL LABOR RELATIONS ACT

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... View Post