Appellate

For the 10th year in a row, Gjording Fouser is the only law firm in Idaho to receive the highest ranking possible, tier 1, in the appellate category in U.S. News-Best Lawyers.  Collectively, our attorneys have represented clients in more than 25 appeals before the Idaho Supreme Court, Idaho Court of Appeals and the Ninth Circuit Court of Appeals.  The cases involve issues such as: complex commercial litigation, insurance coverage, medical malpractice, environmental, employment, product liability, professional liability, and governmental defense.

90% of our attorneys have served as either a staff attorney or a judicial extern and this experience and familiarity with Idaho’s appellate courts allows our team to carefully assess the merit of the case and the probability of creating favorable or unfavorable legal precedent.  We also judiciously evaluate whether there is reputational risk for the client before pursuing any appeal.

Below are some of the recent cases we have argued before the Idaho Supreme Court.

  • Cedillo v. Farmers Insurance Company (2017)– This case involved a bad faith claim against Farmers Insurance Company. In this case, Cedillo was injured while riding her boyfriend’s motorcycle. She made a claim against his insurance, and then sought under-insured motorist coverage from her own insurer, Farmers. Farmers made a payment to Cedillo, which she deemed inadequate, and she made further demands for payment. An arbitration occurred which resulted in additional payments to Cedillo and an award of attorney fees. Cedillo then filed this bad faith claim arguing that Farmers improperly handled her claim. We successfully defended Farmers on the bad faith claim, showing that the claim was fairly debatable, and even though additional payments were awarded in arbitration, that did not constitute bad faith.
  • Crawford v. Guthmiller (2018) – This case involved a car accident where the plaintiff failed to timely serve the Complaint and Summons on our client. Plaintiff was attempting service but was continually serving the wrong address. When the plaintiff moved to extend the service deadline, we filed a special appearance to challenge service, contending that there was no good cause to extend the service deadline. The district court agreed and dismissed the case. On appeal, we contended that attempting to serve the incorrect address did not constitute good cause, and the Supreme Court agreed, upholding the dismissal.
  • Dickinson Frozen Foods, Inc. v. J.R. Simplot Company (2019) – In this case, Dickinson Frozen Foods alleged that Simplot defamed Dickinson in a lawsuit that Simplot filed in Washington against other entities. Dickinson also argued that Simplot breached a non-disclosure agreement between Dickinson and Simplot when Simplot made the allegedly defamatory statements against Dickinson in the Washington lawsuit. We successfully defended Simplot on the defamation claim by showing that the litigation privilege applies, and on the breach of contract claim, by showing that the non-disclosure agreement did not relate to the comments made in the Washington lawsuit. We also obtained fees and costs for Simplot related to the defense of the breach of contract claim
  • Morrison v. St. Luke’s Regional Medical Center, Ltd. (2016) – This medical malpractice case arose from a failure to timely set an appointment with a cardiologist. The plaintiffs claimed that the hospital should have expedited the scheduling procedure for a gentleman who was discharged from the emergency room with instructions to see a cardiologist. However, while waiting for an appointment, the gentleman had a heart attack and died. The case proceeded through trial, and St. Luke’s and its agents were found not to have breached the standard of care. We successfully defended against all post-trial motions, and the resolution was upheld on appeal.
Back to Practice Areas