January 4, 2022 “[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... View Post

December 7, 2021 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... View Post

November 24, 2021 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... View Post

November 16, 2021 Did you know that a person (or his/her insurer) can make a payment for medical expenses, subrogation interests, etc., to an injured party at any time before or during litigation without adversely affecting the outcome of litigation? Under Idaho Code § 41-1840, a party’s (or insurer’s) payment for bodily injury or property... View Post

September 23, 2021 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)... View Post

September 22, 2021 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... View Post

September 15, 2021 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,... View Post

September 7, 2021 A deceased plaintiff and a deceased defendant are vastly different things. In some respects, there are similarities, as the attorney needs to determine what claims and damages, or defenses transfer from the decedent to a substitute party. However, other things are very different. For example, if the plaintiff dies as a result... View Post

August 26, 2021 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... View Post

August 18, 2021 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.... View Post

August 13, 2021 Personal injury and property damage claims survive death, but only in a limited fashion. Under Idaho Code § 5-327(1), punitive and exemplary damages are barred when sought against a decedent (i.e., the deceased defendant). DAMAGES AND CLAIMS THAT ABATE ON DEATH OF THE CLIENT Under Idaho Code § 5-327(2), a deceased plaintiff’s... View Post

July 30, 2021 Idaho follows the general rule that evidence of post-accident repairs or alterations, or “subsequent remedial measures,” to show antecedent negligence is inadmissible at trial.1 Under Idaho R. Evid. 407, the evidence is also inadmissible to show a defect in a product or design or a need for a warning or instruction. People... View Post