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
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
When key issues are left to the sound discretion of the trial court, and the trial court carefully weighs the evidence in deciding those issues, should the party on the wrong side of the decision appeal? That is a difficult and recurring question facing appellants. A recent Idaho Supreme Court decision suggests that appellate attorneys … Continue Reading
State of Idaho v. Grathol, 2015 Opinion No. 17 (Feb. 11, 2015) provides guidance to appellate practitioners on when an award of attorney fees on appeal may be allowed under Idaho Code § 12-121. Grathol is an eminent domain case. An issue on appeal was whether the Idaho Transportation Department, as the condemnor, was entitled … Continue Reading
