Category: Idaho Appellate Practice

The Stoel Rives’ Idaho Appellate Practice Blog provides regular updates on appellate practice before the Idaho appellate courts. Our goal is to build a resource on the procedures, rules, and practices of handling appeals before the Idaho Supreme Court and Idaho Court of Appeals. We intend to provide updates on new decisions, rule changes, and other matters of interest effecting practice before Idaho’s appellate courts.
The summaries of the cases on the blog are prepared by Christopher Pooser, who practices in Stoel Rives’ Boise, Idaho, office.
Subscribe to Idaho Appellate Practice RSS Feed

Idaho Supreme Court Update: Blaskiewicz v. Spine Institute of Idaho, P.A.

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 … Continue Reading

Idaho Supreme Court Update: Grace at Twin Falls, LLC v. Jeppesen

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 … Continue Reading

Idaho Supreme Court Update: Sheehan v. Sun Valley Company

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 P.O. … Continue Reading

Idaho Supreme Court Update: Gray v. Gray

The facts. Mom and Dad were married, had a child, and divorced. As part of the divorce, the parties reached a visitation arrangement that gave Mom primary custody of the child and Dad visitation. Mom later relocated to Costa Rica with the child. Mom made the decision to relocate unilaterally, without informing Dad and without … Continue Reading

Idaho Supreme Court Update: Carver v. Hornish

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 until … Continue Reading

Reminder: Amendments to the Idaho Appellate Rules and Idaho Rules of Civil Procedure go into effect July 1, 2017

In May, we wrote about amendments to the Idaho Appellate Rules that go into effect July 1, 2017. You can link to the blog post here. The changes impact I.A.R. 11.1, 12.1, 12.2, 25, 27(f), 28(g), 32(b), 33, 34(a), 34.1, and 40. Key amendments address the submission of electronic briefs (they are now mandatory), the … Continue Reading

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

Amendments to the Idaho Appellate Rules address electronic briefs, standard transcripts in criminal appeals, and appealable judgments from the magistrate courts

The Idaho Supreme Court recently announced amendments to Idaho Appellate Rules 11.1, 12.1, 12.2, 25, 27(f), 28(g), 32(b), 33, 34(a), 34.1, and 40. The changes go into effect July 1, 2017. Attorneys handling appeals before the Supreme Court should note that the submission of electronic briefs will be mandatory. Criminal appellate attorneys will want to … Continue Reading

Idaho Supreme Court amends Idaho Rule of Civil Procedure 54 to address changes to Idaho Code § 12-121

In response to the Idaho Supreme Court’s controversial decision in Hoffer v. Shappard, 160 Idaho 868, 380 P.3d 681 (2016), the Idaho legislature amended Idaho Code § 12-121 (effective March 1, 2017). The statute now reads: In any civil action, the judge may award reasonable attorney’s fees to the prevailing party or parties when the … 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

Idaho Supreme Court announces significant change to standard for attorney fees under Idaho Code § 12-121

The Idaho Supreme Court announced a new standard for an award of attorney fees under Idaho Code § 12-121. See Hoffer v. Shappard, 2016 Opinion No. 105 (Idaho Sept. 28, 2016). Section 12-121 reads: “In any civil action, the judge may award reasonable attorney’s fees to the prevailing party or parties, provided that this section … Continue Reading

Objections to Attorney Fees Must Be Particular to Avoid Waiving Issue On Appeal

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 of … Continue Reading

The Idaho Supreme Court proposes amendments to Idaho Appellate Rule 5, Special Writs and Proceedings

Idaho Appellate Rule 5 sets forth procedures for special writs and other proceedings over which the Idaho Supreme Court has original jurisdiction. The Court recently proposed adding five new subsections to the rule.  The amendments address the form of the Court’s denial of a petition for a writ of mandamus or prohibition or issuance of … Continue Reading

The Idaho Supreme Court Just Awarded Your Client Attorney Fees on Appeal; Don’t Forget to Timely File a Memorandum of Costs

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 … Continue Reading

Notes from ‘An Appellate Practice CLE’ – Part 2: motions for an extension of time, motions for an overlength brief, avoiding delays in appeals, cross-appeals, and more

In a post earlier this week, I relayed notes and practice pointers on Idaho appellate practice gathered from An Appellate Practice CLE, held on October 9, 2015. Here are some additional notes from the CLE: First motions for an extension of time to file a brief are granted 99.99% of the time. Typically, extensions are … Continue Reading

An award of attorney fees under Idaho Code § 12-120(3) may be proper in an action for declaratory or injunctive relief

Must a party seek to “recover” on a commercial transaction before attorney fees are allowed under Idaho Code § 12-120(3)? Stated differently, does an action for declaratory or injunctive relief preclude attorney fees under the statute? The Idaho Supreme Court addressed those questions in Idaho Transportation Department v. Ascorp, Inc., 2015 Opinion No. 94 (Sept. … Continue Reading
LexBlog