November 2022

The facts. Donald Blaskiewicz, M.D., a highly trained neurosurgeon, was employed by the Spine Institute of Idaho, P.A. (“Spine Institute”) pursuant to a Professional Services Agreement (“PSA”). The PSA contained a non-compete clause that prohibited him from practicing medicine within 50 miles of the Spine Institute’s office for 18 months. Pursuant to the PSA, Blaskiewicz could avoid the non-compete by either paying the Spine Institute $350,000 or obtaining permission from the Spine Institute to practice medicine in the proscribed area. The district court concluded that the non-compete clause was against public policy and void as a matter of law. The Spine Institute appealed.

The issues. Three issues were on appeal: (1) whether the appeal was moot; (2) whether the district court had jurisdiction despite an arbitration provision; and (3) whether the district court erred in finding that the non-compete was unenforceable.Continue Reading Idaho Supreme Court Update: Blaskiewicz v. Spine Institute of Idaho, P.A.

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The facts. An assisted living facility partnered with a preferred pharmacy to offset software costs related to the tracking and delivery of residents’ prescription medications. The facility charged residents an extra $10 each month if they did not choose the preferred pharmacy. The lower court held that the arrangement violated the Idaho Residential Care or Assisted Living Act, which guarantees residents the “right to select the pharmacy or pharmacist of their choice.” The facility appealed.

The issues. Two issues were on appeal: (1) whether the Idaho Residential Care or Assisted Living Act prohibits the facility from charging residents $10 more per month if they did not select the preferred pharmacy, and (2) whether either party could recover attorney’s fees.Continue Reading Idaho Supreme Court Update: Grace at Twin Falls, LLC v. Jeppesen

The facts. The Idaho Department of Labor found that Nathaniel Sheehan was ineligible for unemployment insurance benefits and ordered him to repay benefits that he had received. During Sheehan’s initial protest, the Department advised Sheehan that it would email updates to him, but the Department instead mailed a notice of telephonic hearing to Sheehan’s…

The facts. A father allegedly consented to a sham marriage for his minor daughter to evade the magistrate court’s jurisdiction over a custody dispute with his ex-wife. The mother requested expedited relief to stop the sham marriage, but the magistrate court did not enter an order stopping the father from consenting to the marriage…

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Welcome to the Stoel Rives Appellate Law blog, dedicated to providing those in appellate law practices regular updates on significant decisions from courts of appeal within our regions of practice. It is our goal to build out this blog to be a handy resource for both keeping up to date on new decisions and quickly locating information about past decisions.