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ID Supreme Court

Stoel Rives - Notice of Appeal

Idaho Supreme Court Update: The Court Clarifies How to Add a Request for Punitive Damages

In Davis v. Blast Properties, Inc., the Idaho Supreme Court clarified the standard trial courts should apply when deciding whether to grant a party leave to seek punitive damages. The Court held that trial courts are not...more

Stoel Rives - Notice of Appeal

Idaho Supreme Court Update: The Court’s Original Jurisdiction Is Limited, But The Legislature’s Regulation Of Executive Rulemaking...

On January 29, 2024, the Idaho Supreme Court issued an opinion in Idaho State Athletic Commission v. Office of the Administrative Rules Coordinator. In the decision, the Court held that it does not have original jurisdiction...more

Holland & Hart - Health Law Blog

No More EMTALA Exception to Idaho’s Total Abortion Ban

The Ninth Circuit Court of Appeals has ended the EMTALA exception to Idaho’s total abortion ban, I.C. 18-622. In 2022, the US Department of Justice (DOJ) sued the state of Idaho, claiming that EMTALA preempted the total...more

Holland & Hart LLP

No More EMTALA Exception to Idaho's Total Abortion Ban

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The Ninth Circuit Court of Appeals has ended the EMTALA exception to Idaho’s total abortion ban, I.C. 18-622. In 2022, the US Department of Justice (DOJ) sued the state of Idaho, claiming that EMTALA preempted the total...more

Holland & Hart - Health Law Blog

Idaho’s Amended Abortion Laws: Summary and Updated FAQs

The Idaho legislature has amended Idaho’s abortion laws. This health law update briefly summarizes key changes and updates our FAQs to address the new developments. Total Abortion Ban. The Idaho legislature addressed...more

Stoel Rives - Notice of Appeal

Idaho Supreme Court Update: The Risks of Cross Appeals

We recently addressed the Idaho Supreme Court’s decision in 616 Inc. v. Mae Properties, LLC, No. 49190 (Feb. 8, 2023), and specifically the essential elements of a lease. The decision also includes an important appellate...more

Stoel Rives - Notice of Appeal

Idaho Supreme Court Update: Attorney’s Fees in Real Estate Litigation Under Idaho Code § 12-120(3)

On February 14, 2023, the Court released a unanimous decision in Treasure Valley Home Solutions, LLC v. Chason. This post will focus on the Court’s analysis of when a real estate transaction is a commercial transaction such...more

Stoel Rives LLP

Idaho’s Supreme Court Raises New Questions About the Essential Elements of a Lease

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Idaho’s Supreme Court recently issued a new opinion discussing the requirements to form a valid lease agreement. Unfortunately, the case raises as many questions as it answers....more

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Idaho Abortion Laws: Idaho Supreme Court Upholds Laws but Offers Important Clarifications

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On January 5, 2023, the Idaho Supreme Court upheld Idaho’s near Total Abortion Ban (I.C. § 18-622), its 6-Week Abortion Ban (I.C. 18-8804 to -8805), and its related Civil Liability Law (I.C. § 18-8807). Planned Parenthood v....more

White and Williams LLP

Part of the Whole: Idaho District Court Holds Economic Loss Rule Bars Tort Claims Related to Water Supply Line that was Part of...

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In Safeco Ins. Co. of Ill. v. LSP Prods. Grp., 2022 U.S. Dist. LEXIS 139566, the United States District Court for the District of Idaho (District Court) considered whether the plaintiff’s tort claims against the manufacturer...more

Holland & Hart LLP

Idaho Abortion Laws: Status and Updated Analysis

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The turmoil over Idaho abortion laws continues. On August 12, 2022, the Idaho Supreme Court ruled that Idaho’s total abortion ban will take effect August 25, 2022. It also lifted the stay on Idaho’s Texas-style statute that...more

Stoel Rives LLP

The Idaho Supreme Court Is Making It Easier to Inadvertently Lose Property Rights

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While the Idaho legislature has been making it harder to lose real property rights through carelessness or inaction, the Idaho Supreme Court has been making it easier. In Idaho, and most other states, it has long been the law...more

Faegre Drinker Biddle & Reath LLP

A Bridge Too Far: Reliance on Malfunction Theory Rejected When the Alleged Failure is a Known Risk of the Product

In some circumstances, a plaintiff lacking direct evidence of an identifiable, specific defect may be permitted to use circumstantial evidence to prove that a product malfunctioned and create a triable inference of a product...more

White and Williams LLP

Idaho Supreme Court Tells Wine Bottle Manufacturer to Stop Whining Over Personal Jurisdiction

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In Griffin v. Ste. Michelle Wine Estates Ltd., No. 47703, 2021 Ida. LEXIS 127, the Supreme Court of Idaho considered whether an Italian wine bottle manufacturer’s contacts with Idaho were sufficient under the Due Process...more

Stoel Rives LLP

Recent Cases Show How Idaho Courts Can Salvage Oral Real Estate Agreements

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Two recent opinions of the Idaho Supreme Court, both filed on the same day, concern what the Court described in one those cases as “a sadly familiar story: an oral real estate transaction gone terribly wrong.”...more

Carlton Fields

Preserving Arguments: Playing “Hide the Ball” Can Be Costly

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A state high court recently issued a stark reminder to litigants of their duty to clearly bring to the court’s attention the arguments and evidence upon which they rely in order to both survive summary judgment and preserve...more

Foster Garvey PC

Shark Tank – Be Aware of the Deadly Creatures in the State and Local Tax Waters

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Earlier this year, the Idaho Supreme Court, in Noell Industries, Inc. v. Idaho State Tax Comm’n, --- P.3d ---- (2020), ruled that gain from the sale of membership interests in a limited liability company that had business...more

Bradley Arant Boult Cummings LLP

Persistence Pays Off in Sale of Idaho Pass-Through Entity

Retired Navy SEALs apparently have a persistence that other taxpayers may not have. Case in point (literally)—Noell Industries, Inc. v. Idaho State Tax Commission, decided on May 22, 2020, by the Idaho Supreme Court. ...more

Stoel Rives LLP

Idaho Real Estate & Development Law Update: Recent Idaho Case Highlights Risks of Dealing with Warranty Deeds and Unsurveyed Land

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The recent Idaho Supreme Court case of Nielson v. Talbot, Docket No. 44864 (Idaho 2018), highlights some risks of dealing in land that has not been surveyed and of using warranty deeds....more

Buchalter

Buchalter Prevails in Supreme Court for the State of Idaho on Behalf of Public Airport

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On February 26, 2019, the Idaho Supreme Court issued a unanimous decision in favor of Buchalter’s client, Bonner County, owner and operator of Sandpoint Airport in Idaho. In an action originally seeking tens of millions of...more

White and Williams LLP

Supreme Court of Idaho Rules That Substantial Compliance With the Notice and Opportunity to Repair Act Suffices to Bring Suit

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In Davison v. Debest Plumbing, Inc., 416 P.3d 943 (Ida. 2018), the Supreme Court of Idaho addressed the issue of whether plaintiffs who provided actual notice of a defective condition, but not written notice as stated in the...more

Stoel Rives - World of Employment

Idaho Supreme Court Adopts New Standard for Defining “Cause” in Employment Cases

On June 28, 2018, the Idaho Supreme Court issued an opinion in a case entitled Lunneborg v. My Fun Life that outlines how cause will be defined in employment cases. Simply put, this case could be a real game changer for...more

Stoel Rives LLP

Debtor May Be Entitled to Credit for “Reasonable Value” of Property Purchased by Lender at Mortgage Foreclosure Sale

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In Idaho, it has long been understood that a secured creditor that has foreclosed a mortgage may be able to also get a judgment against the debtor for the remainder of the debt, if the proceeds of the foreclosure sale are not...more

Stoel Rives LLP

Idaho Real Estate & Development Law Update: In Idaho, an Easement Owner Has the Duty to Maintain the Easement, Even if the...

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A recent case in the Idaho Supreme Court serves as a good reminder that Idaho takes a somewhat unique approach to allocating responsibility for easement maintenance. In Fletcher v. Lone Mountain Road Association, Docket No....more

Stoel Rives LLP

Idaho Real Estate & Development Law Update: How Much Diligence is Due?

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All buyers of real estate know they need to do their homework. That process is sometimes called “due diligence.” But how much diligence is due? The recent decision of the Idaho Supreme Court in Tiller White, LLC v. Canyon...more

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