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, or the exclusive remedy provision. Recently, in two closely watched cases, Marek v. Hecla, Limited, 2016 Opinion 132 (November 18, 2016) and Barrett v. Hecla Mining Co., 2016 Opinion 133 (November 18, 2016), the Idaho Supreme Court provided guidance on a narrow exception to this provision under Idaho Code § 72-209(3). Section 72-209(3) allows an employee to pursue common law claims against an employer in a narrow circumstance: “where the injury or death is proximately caused by the willful or unprovoked physical aggression of the employer, its officers, agents, servants or employees.”
Continue Reading Idaho Supreme Court Refuses to Modify the Workers Compensation Exclusive Remedy Doctrine

The Idaho Supreme Court recently instructed that to preserve issues regarding the reasonableness of attorney fee awards for appeal, objections must be stated with particularity in a motion to disallow costs. In Fagen, Inc. v. Rogerson Flats Wind Park, LLC, 2016 Opinion No. 8 (Jan. 26, 2016), following judgment, the plaintiff filed a memorandum

Two recent cases before the Idaho Supreme Court highlight the procedure—and the importance of following the procedure—for securing an award of attorney fees on appeal.

The first case is City of Challis v. Consent of the Governed Caucus, 2015 Opinion No. 92 (Sept. 25, 2015). There, the Court awarded attorney fees and costs to the Caucus. In doing so, the Court clarified that it was the Supreme Court’s duty, not the duty of the district court, “to determine an appropriate award of fees and costs incurred on appeal . . . .” The Court explained: “In the event that the Caucus timely submits a memorandum of costs and fees” under I.A.R. 40(c) and 41(d), the Court is responsible for evaluating “that memorandum, and any objections thereto, to determine an appropriate award of attorney fees and costs.” (Emphasis added.) Pursuant to the Idaho Appellate Rules, a timely submission means that a memorandum for costs and attorney fees is filed “[w]ithin 14 days of the filing and announcement of the opinion on appeal.” See I.A.R. 40(c), 41(d).Continue Reading The Idaho Supreme Court Just Awarded Your Client Attorney Fees on Appeal; Don’t Forget to Timely File a Memorandum of Costs