Category: Idaho Supreme Court

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Cases of First Impression Part Three: Statute of Limitations for Foreclosure

In Baughman v. Wells Fargo Bank, 2017 Opinion 50 (May 26, 2017) (slip op.), the Supreme Court addressed a matter of first impression related to the statute of limitations in Idaho Code § 5-214A. In this case, the plaintiffs filed suit to prevent foreclosure by arguing that the foreclosure proceeding was barred by the statute … Continue Reading

Cases of First Impression Part Two: Limits of Sovereign Immunity

This Spring, the Idaho Supreme Court issued several opinions addressing issues of first impression. Below are the highlights from a second opinion addressing such an issue, Tucker v. State. In Tucker v. State, 2017 Opinion 38 (Apr. 28, 2017) (slip op.), as a matter of first impression, the Supreme Court concluded that sovereign immunity does … Continue Reading

Idaho Supreme Court Addresses Issues of First Impression

This Spring, the Idaho Supreme Court issued several opinions addressing issues of first impression. Below are the highlights from one of these opinions, Westover v. Cundick. We’ll discuss the other cases that have addressed new issues in the coming weeks. In Westover v. Cundick, 2017 Opinion 33 (Apr. 14, 2017) (slip op.), the Supreme Court … Continue Reading

Idaho Supreme Court Justice candidates are announced

Today the Idaho Judicial Council announced 15 candidates for the position of Idaho Supreme Court Justice. The position was created with the retirement of Justice Daniel Eismann. The candidates include one Idaho Court of Appeals judge, six district court judges, and eight practicing lawyers. They are: BEVAN, G. RICHARD, is a District Judge of the … Continue Reading

Idaho Supreme Court Refuses to Modify the Workers Compensation Exclusive Remedy Doctrine

In order to provide near certain relief for employees injured in the course of employment, the Idaho Worker’s Compensation Act withdrew the common law remedies workers traditionally held against their employers. This compromise limits employers’ liability in exchange for providing sure and speedy relief for injured workers and is encapsulated in Idaho Code § 72-209, … Continue Reading
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