Thoughts on Proof of Loss

Idaho Code § 41-1839 is a terrifying statute. Under that statute, any insurer who fails to pay someone amounts owed within 30 days after a proof of loss has been furnished (or within 60 days if the policy is for uninsured or underinsured motorist coverage) must pay attorney fees. This language seems very straightforward, but... View Post

Interlocutory Appeal in Idaho: Is There a Better Process?

Few options for interlocutory review of trial court decisions exist in Idaho, and the options that are available are difficult to obtain. As a result, litigators are often stuck with non-final rulings from the trial court until an appeal as a matter of right is available. Of course, there are many good reasons for that.... View Post

Has The Research Changed Regarding The Importance Of Jury Size?

In the most recent edition of Voir Dire, Erica Boyce, a researcher for The National Center for State Courts reviewed the empirical research conducted on jury size during the past 20 years. This research was prompted by the American Board of Trial Advocates (ABOTA) in the wake of the pandemic’s effects on empaneling juries.  Boyce... View Post

Effective Uses Of Zoom For Litigation

Courts and law firms around the United States had to adapt during the COVID-19 pandemic in more ways than one. The difficulty of social distancing, mask mandates, and emergency orders especially took a toll on litigators and their clients. Given these difficulties, a wide array of legal proceedings such as depositions, mediations, and hearings moved... View Post

NIL Update: “Collectives” On The Rise Boasting Tax Exemptions

It has been over a year since the National Collegiate Athletic Association (NCAA) suspended its amateurism rules allowing student-athletes across the country to profit from their name, image, and likeness (NIL). Since then, Congress has not passed federal legislation that would put all universities on an “even” playing field, leaving individual states to determine how... View Post

Jurors Hand Down $75 Million Verdict Against Georgia Physicians

Jurors in Buckelew, et al. v. Womack, et al., a Georgia case, weighed the evidence against multiple healthcare providers after Plaintiff Jonathan Bucklew suffered a stroke and was left with “locked-in syndrome” in the emergency room, a syndrome that leaves the body completely paralyzed other than eye and cognitive functions. Jurors handed down a $75... View Post

When Precedent Isn’t Precedent

In the legal world, we often think in terms of precedent or stare decisis. This general rule requires that when the Supreme Court has decided on an issue, that ruling applies to all future cases on the same issue. “When there is controlling precedent on questions of Idaho law the rule of stare decisis dictates... View Post

Mistakes To Avoid When Allowing Employees To Hybrid Work

The year 2020 (and the then-new pandemic) changed the global workforce in several major ways. Most notably, many employers who previously required all employees to work on-site were forced to experiment with remote and hybrid work. Through this experiment-of-circumstance, many employers have learned that it is possible to successfully manage employees from afar. In addition,... View Post

Idaho’s Non-Economic Damages Cap

Every July 1, the non-economic damages cap is adjusted to account for inflation and the average annual wage. As expected, this year we saw the largest increase in the past 19 years (7.84%) from $399,430.74 (2021) to $430,740.03. Please click here to view a chart with historical non-economic cap information. Idaho Statute Section 6-1603 is... View Post

Jury Finds Nurse Guilty Of Homicide After Fatal Medical Error

RaDonda Vaught, a licensed nurse in the state of Tennessee, was found guilty of criminally negligent homicide and gross neglect this spring after mistakenly giving a patient the paralyzing drug vecuronium rather than Versed. Prosecutors in the case did not allege that Vaught intended to hurt the patient or was impaired by any substance when... View Post

Insurance And Attorney Fees

Idaho’s attorney fee rules begin with the principle that everyone pays for their own attorney. Stated another way, “Idaho follows the ‘American Rule’ of attorney fees, which requires a party requesting attorney fees on appeal to cite either statutory or contractual authority in support.” Mortensen v. Stewart Title Guar. Co., 149 Idaho 437, 447–48, 235... View Post