Combatting The Nuclear Verdict

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

Tips And Tricks: Utilizing The Idaho Transportation Department’s (Itd) Search Function

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 (  Another discovery tool Idaho attorneys should utilize is the Idaho Transportation Department’s (ITD) search function. Sometimes a public... View Post

How to use the substantial factor jury instruction

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

Idaho’s Non-Economic Damages Cap Increased 6.5% in 2023

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

Public Records Requests: The Underutilized Discovery Tactic

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

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