NIL Update: NCAA D1 Council To Review Impact Of NIL On Student-Athletes

The NCAA Division 1 Board of Directors have instructed the Division 1 Council to prepare an extensive review on the impacts student-athletes are facing due to the new name, image, and likeness (NIL) landscape in college sports. Specifically, the Board of Directors are concerned with the influence of school choice, transfer opportunities, academics, and mental... View Post

Update Regarding The Impact Of Covid-19 On Civil Jury Trials

We would like to inform you about an order recently issued by the Idaho Supreme Court that could have a significant impact on civil jury trials in Idaho. BACKGROUND As many of you are aware, on February 15, 2022, the Idaho Department of Health and Welfare deactivated Crisis Standards of Care (CSC) throughout the State... View Post

Changes to UIM Law in Idaho

There have been attacks on UIM policies for years, with plaintiffs trying to obtain judicial rulings to increase payments under such policies. In 2019, the Idaho Supreme Court discussed UIM policies, and found that there were two types of coverage: “excess” and “difference in limits,” sometimes called “offset” coverage. Wood v. Farmers Ins. Co. of... View Post

Balancing Vaccine Mandates And Reasonable Accommodations

We previously addressed the Constitutionality of vaccine mandates as applied to the COVID-19 vaccine. While the case law thus far is primarily employer-friendly, it is important for employers with vaccine mandates to remember that in some circumstances, the Americans With Disabilities Act (the ADA) and Title VII of the Civil Rights Act (Title VII) require... View Post

Dog Bite Cases Part 2: The Home-Rule Doctrine

CITY AND COUNTY CODES AND DOG BITES Cities and counties have interjected themselves into the mix in dog bite cases. It seems that, with the exception of Idaho Code § 25-2810(11), most regulations and rules dealing with dogs are dealt with at the municipal or county level. For example, Ada County Code Title 5, Chapter... View Post

NIL Update: BYU, Miami Being Investigated For NIL Violations

In August of 2021, BYU announced it had structured a whole-team NIL deal with Built Bar, a protein bar company that would allow scholarship players to receive $1,000 for representing the company, while also paying non-scholarship athletes a stipend, up to the entire cost of tuition (See GF Sports Advisors’ prior blog post on this... View Post

Update Regarding The Impact Of Covid-19 On Civil Jury Trials

As of December 20, 2021, the Crisis Standards of Care (“CSC”) that were activated throughout Idaho based on the risk posed by COVID-19 were all deactivated. However, Idaho’s courts are still facing some challenges and no civil jury trials have been held in Idaho’s largest county, Ada County, since March 2020.   Back in September 2021,... View Post

Dog Bite Cases Part 1: Claims in Idaho

“[I]n Idaho, all dogs, regardless of breed or size, are presumed to be harmless domestic animals.” Bright v. Maznik. While dogs themselves are presumed to be harmless, the law in a dog bite case is anything but. One dog bite can lead to multiple alternative causes of action, including negligence, negligence per se, and strict... View Post

The Constitutionality Of Employer Covid-19 Vaccine Mandates

With the emergence of the Omicron variant of COVID-19, many employers, both public and private, are interested in their employees being vaccinated against COVID-19 to protect employees and patrons from virus transmission, and in turn, avoid potential liability for the same. To that end, a number of employers are either incentivizing or requiring vaccination against... View Post

PUBLIC UNIVERSITY STUDENTS’ FIRST AMENDMENT RIGHTS REGARDING THEIR USE OF PERSONAL SOCIAL MEDIA

Nearly every student in America is engaging with some form of social media on a daily basis. And, as many of us can attest—not everyone does so responsibly. As social media has evolved over the years, becoming nearly ever‑present, educational institutions have increasingly exercised authority over students’ social media expression. While this is often appropriate,... View Post

Jury Trials Suspended in Idaho

We would like to inform you about an order recently issued by the Idaho Supreme Court that could have a significant impact on civil jury trials in Idaho. BACKGROUND As many of you are aware, on September 16, 2021, the Idaho Department of Health and Welfare activated Crisis Standards of Care (CSC) throughout the State... View Post