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

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

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

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

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

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

January 26, 2023 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... View Post

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