Justice John Stegner Announces Retirement From Idaho Supreme Court

May 16, 2023 Justice John Stegner, who has been on the Idaho Supreme Court since 2018, announced that he will be retiring from the bench on October 31, 2023.  In his letter to Idaho Governor Brad Little, Justice Stegner called retirement a “bittersweet decision” and cited the disparity in pay between judges and attorneys in... View Post

NCAA Issues Its First NIL Infraction

May 4, 2023 On February 24, 2023, the National Collegiate Athletic Association (NCAA) handed out its first Negotiated Resolution after it charged the University of Miami Women’s Basketball with a Level II violation for issues related to name, image, and likeness (NIL). Not only is this the first NIL infraction case, but its target is... View Post

Insurance Companies Should Be Aware Of Idaho Code § 29-113 

April 25, 2023 Insurance companies may often feel incentivized to seek early settlement with a person who has suffered a personal injury. However, in Idaho, there is a potential risk that insurers should be aware of before doing so. Under Idaho Code § 29-113, a person who enters into an agreement within 15 days after... View Post

Thoughts on Proof of Loss

March 21, 2023 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... View Post

Interlocutory Appeal in Idaho: Is There a Better Process?

February 28, 2023 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... View Post

Effective Uses Of Zoom For Litigation

December 13, 2022 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,... View Post

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

December 8, 2022 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... View Post

Jurors Hand Down $75 Million Verdict Against Georgia Physicians

November 1, 2022 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... View Post

When Precedent Isn’t Precedent

September 21, 2022 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... View Post

Mistakes To Avoid When Allowing Employees To Hybrid Work

August 3, 2022 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... View Post