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

Dealing With A Wrongful Death Claim

For a deceased plaintiff, the question involves not only when the plaintiff dies, but what caused the death, and what type of claims exist. As a general rule, the decedent’s claims belong to the estate, and thus a personal representative or special administrator should be appointed to pursue the claims. However, personal injury or property... View Post

How To Avoid Acting As The “Cat’s Paw” In Employment Decisions

In some circumstances, an employer may be on the hook for a discrimination claim brought by a current or former employee—even if the employer did not have discriminatory intent. Because a company’s subordinates act on behalf of their employer, a subordinate’s discriminatory motive can sometimes carry over to the employer itself. Thus, when the subordinate... View Post

Name, image, likeness: how blurred are the lines?

24 states have been anticipating the change in college athletics that allows student-athletes to profit off their name, image, and likeness (NIL) by enacting legislation that will assist their universities in determining right from wrong. As for the other 26 states, they will rely on the preliminary, and vague, NIL rules provided by the NCAA. ... View Post

Name, Image, and Likeness: What’s Next for Idaho Student Athletes

On June 30, 2021, the National Collegiate Athletic Association (NCAA) for the first time granted its student-athletes the ability to benefit from their name, image, and likeness.  The NCAA’s decision came on the heels of a damning United States Supreme Court opinion issued on June 21, 2021. Nat’l Collegiate Athletic Ass’n v. Alston, 141 S.... View Post