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

Idaho’s Non-Economic Damages Cap

Every July 1, the non-economic damages cap is adjusted to account for inflation and the average annual wage. As expected, this year we saw the largest increase in the past 19 years (7.84%) from $399,430.74 (2021) to $430,740.03. Please click here to view a chart with historical non-economic cap information. Idaho Statute Section 6-1603 is... View Post

Jury Finds Nurse Guilty Of Homicide After Fatal Medical Error

July 6, 2022 RaDonda Vaught, a licensed nurse in the state of Tennessee, was found guilty of criminally negligent homicide and gross neglect this spring after mistakenly giving a patient the paralyzing drug vecuronium rather than Versed. Prosecutors in the case did not allege that Vaught intended to hurt the patient or was impaired by... View Post

Insurance And Attorney Fees

June 28, 2022 Idaho’s attorney fee rules begin with the principle that everyone pays for their own attorney. Stated another way, “Idaho follows the ‘American Rule’ of attorney fees, which requires a party requesting attorney fees on appeal to cite either statutory or contractual authority in support.” Mortensen v. Stewart Title Guar. Co., 149 Idaho... View Post

DOG-BITE RELATED INJURIES ARE ON THE RISE IN IDAHO

May 12, 2022 Here are some of the highlights from the Idaho Department of Health & Welfare’s recent press release that states dog-bite related injuries are on the rise in Idaho. DOG BITE CLAIMS IN IDAHO – PART 1 “[I]n Idaho, all dogs, regardless of breed or size, are presumed to be harmless domestic animals.”... View Post

The Complex Relationship Between An Insurer And An Insured

May 2, 2022 The relationship between an insurer and an insured is difficult to describe. In part, it is contractual in nature, because the insurance agreement between the insurer and the insured is a written contract. However, it is not purely contractual, which often results in somewhat unexpected outcomes in what seem to be normal... View Post