July 28, 2021 Like the “unavoidable accident” defense, the “sudden emergency” doctrine has roots dating back to the early 20th century.1 The doctrine recognizes that, when a person is placed in a position of apparent peril or danger without time to consider the circumstances, and in an effort to avoid such danger steps in the... View Post

The “unavoidable accident” defense in negligence actions has roots dating back to the early 20th century in Idaho.1 It is generally defined as an unforeseeable and unavoidable event that was not caused by a negligent act or omission of any party in the lawsuit.2 For example, if there was evidence of uncertain weather conditions at... View Post

July 12, 2021 When someone is injured on your property and files suit, what does Idaho law say about the duty of care owed to the injured person to prevent their injury? In Packer v. Riverbend Communications and Dupuis v. E. Idaho Health Servs., Inc., the Idaho Supreme Court recently defined that duty for property... View Post

June 28, 2021 The push towards autonomous vehicles from tech and automobile companies in the United States remains strong. In the wake of two major accidents involving self-driving cars, legislators and trial lawyers alike have stalled legislation that would ramp up testing and production of autonomous vehicles until one question is answered: who is liable... View Post

June 9, 2021 If you are an insurer and intend to file an interpleader action1 related to an insurance claim or lawsuit between an insured and a third-party, you should know about the Fourth Circuit’s decision in AmGuard Insurance v. SG Patel and Sons II LLC et al., 20-1246, decided on June 7, 2021, and... View Post

May 7, 2020 There are two significant updates we would like to inform you about: the Idaho Supreme Court’s most recent order and Idaho Governor Brad Little’s announcement that Idaho will begin relaxing stay-at-home orders. IDAHO SUPREME COURT ORDER REGARDING OPERATIONS: On April 22, 2020, the Idaho Supreme Court provided its latest order regarding the... View Post

March 29, 2020 “There are some decades where nothing happens; and there are weeks where decades happen.” The last few weeks have felt like decades in a lot of respects. As with seemingly everything else, every day brings a “new normal” to litigation in Idaho.  Our team wanted to provide you a quick summary on... View Post

December 4, 2019 In Parkinson v. Bevis, 165 Idaho 599 (2019), the Idaho Supreme Court was faced with a case of first impression on whether an attorney can be sued for a breach of fiduciary duty as a separate cause of action from legal malpractice.  In this case, an attorney forwarded a confidential email from... View Post

August 26, 2019 Where many medical malpractice cases often turn into a “battle of the experts,” it is rarely enough that a witness meet just the basic statutory and evidentiary rule requirements, as the effectiveness of any medical expert is also directly impacted by his or her credibility, likability, persuasiveness, and other subjective qualities. An... View Post

August 26, 2019 On Tuesday, October 8, 2019, everyone will wake up and put their pants on one leg at a time, but those in the LGBT community will do so with the weight of the United States Supreme Court on their shoulders. After a hopefully hearty breakfast, attorneys and leaders in the LGBT community... View Post

June 25, 2018 I.C. §12-117 During the last legislative session, the Idaho Legislature adopted amendments to I.C. §12-117, which deals with attorney’s fees in administrative proceedings – including administrative judicial proceedings.  The amendments can be found in Senate Bill No. 1316 and will go into effect on July 1, 2018. AMENDMENTS The amendment adds a... View Post

December 13, 2016 On November 21, 2016, the EEOC issued a new Enforcement Guidance covering national origin discrimination.  The last time the EEOC issued something on national origin discrimination was in 2002, and this guidance includes some important issues and significant legal developments that have occurred since then.  Employers would be well advised to pay... View Post