The extent to which a loss scene can be altered before adversaries can legitimately cry spoliation has long been a mysterious battleground in the world of subrogation. In the case of In re Xterra Constr., LLC, No....more
7/11/2019
/ Abuse of Discretion ,
Breach of Contract ,
Destruction of Evidence ,
Discovery ,
Discovery Disputes ,
Duty to Preserve ,
Motion for Sanctions ,
Negligence ,
Spoliation ,
Subrogation ,
Vacated
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
7/11/2018
/ Attorney's Fees ,
Breach of Contract ,
Construction Defects ,
General Contractors ,
ID Supreme Court ,
Negligence ,
NORA ,
Notice Requirements ,
Site Remediation ,
Subcontractors ,
Subrogation ,
Vacated