Every July 1, the non-economic damages cap is adjusted to account for inflation and the average annual wage as calculated by the Idaho Industrial Commission. In 2025, we see a modest increase versus the trend over the previous three years. The 2025 increase is 3.77%, representing an increase of $18,500.59.  Though a modest increase, for... View Post

In a recent decision, the Idaho Supreme Court overturned a lower court’s ruling in a medical malpractice case, highlighting the importance of procedural integrity in the state’s prelitigation screening process for medical malpractice claims. According to Idaho Code, a mandatory hearing process for all medical malpractice claims is required. The Idaho State Board of Medicine... View Post

The legal landscape in the Northwest continues to be shaped by multi-million-dollar settlements and verdicts, often referred to as “nuclear verdicts.” A recent case from Washington state exemplifies this ongoing trend – a stark reminder of the high stakes involved in medical malpractice litigation. In Milana Richardson et. al. v. State of Washington et. al.,... View Post

Earlier this year, the Idaho Supreme Court upheld a ruling in Lanningham v. Farm Bureau Mutual Insurance Company of Idaho, that clarified underinsured motorist (UIM) coverage limitations. The court affirmed that non-resident adult children do not qualify as “insured” under their parent’s UIM policy and that an insured’s estate cannot claim benefits for wrongful death.... View Post

Every July 1, the non-economic damages cap is adjusted to account for inflation and the average annual wage as calculated by the Idaho Industrial Commission. As expected, we saw another large increase, 6.9%, from $458,728.65 in 2023 to $490,512.33 in 2024.  The non-economic damages cap is rising at a faster pace than ever before. From... View Post

The Gjording Fouser team attended the Idaho Association of Defense Counsel’s (IADC) annual meeting where Jill Cranston Rice, a partner at Dinsmore & Shohl LLP in West Virginia, gave a presentation titled “Not Just Monopoly Money: Combating Nuclear Jury Verdicts.”  Below is a summary of Ms. Cranston Rice’s presentation. WHAT IS A “NUCLEAR VERDICT?” Nuclear... View Post

This appeal arose from a legal malpractice case brought by Plaintiff Holly Rich. An important issue addressed by the Idaho Supreme Court was whether the district court erred in declining to consider Rich’s supplemental expert witness disclosure. Under Idaho Rule of Civil Procedure 26(e)(2), parties are not permitted to diverge from intended testimony in the... View Post

As our team discussed in a prior blog post, public records requests are a fantastic tool to include in an attorney’s arsenal for obtaining discovery. (See Public Records Requests: The Underutilized Discovery Tactic – Gjording Fouser (gfidaholaw.com)).  Another discovery tool Idaho attorneys should utilize is the Idaho Transportation Department’s (ITD) search function. Sometimes a public... View Post

The issue of causation seems like it should be easy: in every negligence case, the plaintiff must prove, “a causal connection between the defendant’s conduct and the resulting injury.”[1] Sometimes expert testimony may be required[2], but even then, the concept of connecting the defendant’s actions with the resulting damages seems like a simple proposition. However... View Post

Every July 1, the non-economic damages cap is adjusted to account for inflation and the average annual wage. As expected, we saw another large increase, 6.5%, from $430,740.03 in 2022 to $458,728.65 in 2023. Idaho Statute Section 6-1603 is silent on the date/event (time of injury, time of complaint, time of verdict) that attaches to... View Post

There are many statutes that deal with attorney fees in cases involving governmental entities. Three examples include Idaho Code § 12-117, which awards attorney fees in any case involving, “as adverse parties a state agency or a political subdivision and a person,” I.C. § 6-918A, which provides for attorney fees in tort claims act cases,... View Post

Attorneys have many methods of obtaining discovery in their arsenals. However, it appears that one obvious method is underutilized in the legal community: public records requests (PRRs). PRRs have many benefits and used correctly, can provide useful records to support the defense in certain cases. WHAT IS A PRR? A PRR is a request made... View Post