Waiver of a Zoning Ordinance’s Height Restriction Requires a Variance, Not a Conditional Use Permit

Case:
Burns Holdings, LLC v. Teton County Bd. of Comm’rs, Case No. 38269-2010
Court:
Supreme Court of Idaho
Date Issued
January 25, 2012
Judge:
Opinion Author:  Eismann, Justice
Concurring in Opinion: Burdick, Chief Justice; J. Jones, Justice; W. Jones, Justice; Horton, Justice
Issue:
Whether a conditional use permit may be used to waive a zoning ordinance’s height restriction. Continue reading

Posted in Conditional Use Permit, Hon. Daniel T. Eismann, IDAHO BUSINESS LAW TOPIC, Idaho Code 67-6516, LAND USE, OPINION AUTHOR, Renee Karel, SUMMARY AUTHOR, Variance | Comments Off

A Real Estate Vendee’s Special Lien Securing the Amount Paid Toward the Purchase Price Does Not Secure Prejudgment Interest

Case:
Benz v. D.L. Evans Bank, Docket No. 37814
Court:
Supreme Court of Idaho
Date Issued:
January 25, 2012
Judge:
Opinion Author:  J. Eismann
Concurring in Opinion:  Burdick, Chief Justice; J. Jones, Justice; W. Jones, Justice; Horton, Justice
Issue:
Does a real estate vendee’s special lien securing the amount paid toward the purchase price also secure prejudgment interest? Continue reading

Posted in Hon. Joel D. Horton, OPINION AUTHOR, PROPERTY SECURITY, Scott Lindstrom, SUMMARY AUTHOR, Vendee's Special Lien, Vendee's Special Lien | Comments Off

Debt Recharacterization Is A Factual Issue and Cannot Be Resolved At Summary Judgment In the Face of Conflicting Evidence

Case:
Idaho Development, LLC v. Teton View Golf Estates, LLC, Docket No. 37123
Court:
Supreme Court of Idaho
Date Issued:   
December 12, 2011
Judges:
Opinion Author: W. Jones, Justice
Concurring in Opinion: Burdick, Chief Justice; Eismann, Justice; Horton, Justice
Specially Concurring: J. Jones, Justice
Issue:
Under what circumstances is it appropriate to grant summary judgment on the basis of recharacterizing a loan as a capital contribution? Continue reading

Posted in Debt Recharacterization, Hon. Warren E. Jones, IDAHO BUSINESS LAW TOPIC, Luke Howarth, OPINION AUTHOR, PROPERTY SECURITY, SUMMARY AUTHOR | Comments Off

Equitable Subordination Will Not Be Applied Outside of the Bankruptcy Context

Case:
Idaho Development, LLC v. Teton View Golf Estates, LLC, Docket No. 37123
Court:
Supreme Court of Idaho
Date Issued:   
December 12, 2011
Judge:
Opinion Author: W. Jones, Justice
Concurring in Opinion: Burdick, Chief Justice; Eismann, Justice; Horton, Justice
Specially Concurring: J. Jones, Justice
Issue:
Whether equitable subordination should be applied outside of the bankruptcy context. Continue reading

Posted in Equitable Subordination, Hon. Warren E. Jones, IDAHO BUSINESS LAW TOPIC, OPINION AUTHOR, PROPERTY SECURITY, SUMMARY AUTHOR, Van Lityouvong | Comments Off

There Is No 7th Amendment Right to a Jury Trial in a Nondischargeability Proceeding

Case:
Stanbrough v. Valle, Adv. No. 11-06051-TLM
Court:
United States Bankruptcy Court, District of Idaho
Date Issued:
February 6, 2012
Judge:
Terry L. Meyers, Chief U.S. Bankruptcy Judge
Issue:
Does the Seventh Amendment guarantee a litigant the right to a jury trial in a nondischargeability proceeding? Continue reading

Posted in BANKRUPTCY, Brian Schlect, Hon. Terry L. Myers, IDAHO BUSINESS LAW TOPIC, Nondischargeability, OPINION AUTHOR, Right to Jury Trial, SUMMARY AUTHOR | Comments Off

A Bankruptcy Court May Hear and Submit Proposed Findings of Fact and Conclusions of Law to the District Court Regarding a “Core” Matter Even if the Constitution Requires an Article III Judge to Finally Decide It

Case:
JustMed, Inc. v. Byce, No. 1:11-CV-00378-BLW
Court:
United States District Court for the District of Idaho
Date Issued:
December 14, 2011
Judge:
B. Lynn Winmill, Chief Judge, United States District Court
Issue:
When a Bankruptcy Court is faced with a matter that is “core” but must be finally determined by an Article III judge, does the Bankruptcy Court nevertheless have the constitutional authority to hear the matter and submit proposed findings of fact and conclusions of law to the District Court? Continue reading

Posted in BANKRUPTCY, Brian Schlect, Court's Authority, Hon. B. Lynn Winmill, IDAHO BUSINESS LAW TOPIC, OPINION AUTHOR, SUMMARY AUTHOR, Withdrawal of Reference | Comments Off

A Bankruptcy Court has Constitutional Authority to Determine the Nondischargeability of a Creditor’s State Law Claim

Case:
JustMed, Inc. v. Byce, No. 1:11-CV-00378-BLW
Court:
United States District Court for the District of Idaho
Date Issued:
December 14, 2011
Judge:
B. Lynn Winmill, Chief Judge, United States District Court
Issue:
Under Stern v. Marshall, must the District Court withdraw from the Bankruptcy Court an adversary proceeding that was initiated to resolve the nondischargeability of a creditor’s state law claim? Continue reading

Posted in BANKRUPTCY, Brian Schlect, Court's Authority, Hon. B. Lynn Winmill, IDAHO BUSINESS LAW TOPIC, OPINION AUTHOR, SUMMARY AUTHOR, Withdrawal of Reference | Comments Off

A Bankruptcy Court Has Constitutional Power to Enter Final Judgment on a Fraudulent Conveyance Claim Against a Creditor Who Filed a Proof of Claim

Case:
In re Bujak, Bankruptcy Case No. 10-03569-JDP
Gugino v. Canyon County, Adversary Proc. No. 11-6038-JDP
Court:
United States Bankruptcy Court, District of Idaho
Date Issued:
November 3, 2011
Judge:
Jim D. Pappas, United States Bankruptcy Court
Issue:
Under Stern v. Marshall, does a bankruptcy court lack the constitutional power to enter a final judgment in a fraudulent conveyance claim against a creditor who has filed a proof of claim? Continue reading

Posted in BANKRUPTCY, Brian Schlect, Court's Authority, Fraudulent Conveyance, Hon. Jim D. Pappas, IDAHO BUSINESS LAW TOPIC, OPINION AUTHOR, SUMMARY AUTHOR | Comments Off

A Representation Agreement Authorizing the Absolute Auction of Property Satisfies the Statute of Frauds

Case:
Wakelum v. Hagood, Docket No. 36940      
Court:
Idaho Supreme Court
Date Issued:   
October 28, 2011
Justices:
Opinion Author:  J. Jones, Justice
Concurring in Opinion:  Burdick, Chief Justice; Eismann, Justice; W. Jones, Justice; and Horton, Justice
Issue:
Does a Representation Agreement authorizing the absolute auction of property satisfy the statute of frauds? Continue reading

Posted in Hon. Jim Jones, IDAHO BUSINESS LAW TOPIC, Idaho Code 9-503, OPINION AUTHOR, Statute of Frauds, SUMMARY AUTHOR, Wendy Couture | Comments Off

Civil Rights Claims under the Fair Housing Act Are Within The Scope of A Policy Exclusion for Claims Arising Out of “Land Use Regulation”

Case:
County of Boise v. Idaho Counties Risk Management Program, Docket No. 37861
Court:
Idaho Supreme Court
Date Issued:   
November 30, 2011
Justices:
Opinion Author:  J. Jones, Justice
Concurring in Opinion:  Burdick, Chief Justice; Eismann, Justice; W. Jones, Justice; and Horton, Justice
Issue:
Are civil rights claims under the Fair Housing Act within the scope of a policy exclusion for claims arising out of “land use regulation”? Continue reading

Posted in E&O Policy Coverage, Hon. Jim Jones, IDAHO BUSINESS LAW TOPIC, INSURANCE, OPINION AUTHOR, SUMMARY AUTHOR, Wendy Couture | Comments Off

A Stock Redemption Agreement That Violates A Statutory Restriction on Source of Funds Is Illegal and Unenforceable

Case:
Taylor v. AIA Services Corp., Docket No. 36916      
Court:
Idaho Supreme Court
Date Issued:   
September 7, 2011
Justices:
Opinion Author:  Burdick, Chief Justice
Concurring in Opinion:  Eismann, Justice; Trout, Justice Pro Tem; Hosack, Justice Pro Tem
Concurring and Specially Concurring in Part:  J. Jones, Justice
Issue:
If a Stock Redemption Agreement violates a statutory restriction on the source of funds, is the Agreement unenforceable? Continue reading

Posted in CONTRACTS, CORPORATE GOVERNANCE, Hon. Roger S. Burdick, IDAHO BUSINESS LAW TOPIC, Illegality, OPINION AUTHOR, Public Policy, Stock Redemption Agreements, SUMMARY AUTHOR, Wendy Couture | Comments Off

If a Shareholder Vote is Required to Authorize the Use of Capital Surplus to Redeem Stock, the Authorization Must Be Explicit

Case:
Taylor v. AIA Services Corp., Docket No. 36916      
Court:
Idaho Supreme Court
Date Issued:   
September 7, 2011
Justices:
Opinion Author:  Burdick, Chief Justice
Concurring in Opinion:  Eismann, Justice; Trout, Justice Pro Tem; Hosack, Justice Pro Tem
Concurring and Specially Concurring in Part:  J. Jones, Justice
Issue:
If a shareholder vote is required to authorize the use of capital surplus to redeem stock, must that authorization be explicit? Continue reading

Posted in CORPORATE GOVERNANCE, Hon. Roger S. Burdick, IDAHO BUSINESS LAW TOPIC, OPINION AUTHOR, Shareholder Approval, SUMMARY AUTHOR, Wendy Couture | Comments Off

The Party Challenging the Enforceability of a Liquidated Damages Provision Bears the Burden of Proving That It Bears No Reasonable Relation to Actual Damages

Case:
Schroeder v. Partin, Docket No. 37228        
Court:
Idaho Supreme Court
Date Issued:   
August 4, 2011
Justices:
Opinion Author:  Horton, Justice
Concurring in Opinion:  Burdick, Chief Justice; Eismann, Justice; J. Jones, Justice; W. Jones, Justice
Issue:
When the enforceability of a liquidated damages clause is in issue, which party bears the burden of proof regarding whether the liquidated damages bear a reasonable relation to actual damages? Continue reading

Posted in CONTRACTS, Hon. Joel D. Horton, IDAHO BUSINESS LAW TOPIC, Liquidated Damages, OPINION AUTHOR, SUMMARY AUTHOR, Wendy Couture | Comments Off

An Employee’s Complaints about a Supervisor’s “Paramour Favoritism” Are Not Protected by the IHRA Anti-Retaliation Provision When the Favoritism Affects Both Sexes Equally

Case:
Patterson v. Dept. of Health and Welfare, Docket No. 37416           
Court:
Idaho Supreme Court
Date Issued:   
June 29, 2011
Justices:
Opinion Author:  J. Jones, Justice
Concurring in Opinion:  Eismann, Chief Justice; Burdick, Justice; W. Jones, Justice; Horton, Justice
Issue:
Whether an employee can assert a retaliation claim under the Idaho Human Rights Act when her supervisor’s affair with a co-worker results in alleged favoritism. Continue reading

Posted in Brad Sweat, EMPLOYMENT, Hon. Jim Jones, Hostile Work Environment, IDAHO BUSINESS LAW TOPIC, Idaho Human Rights Act, Idaho Human Rights Act, OPINION AUTHOR, Retaliation, STATUTES, SUMMARY AUTHOR | Comments Off

An Agreement Requiring a Property Owner to Construct and Maintain “A First Class Shopping Center” on the Property Does Not Require Every Lot to Contain Such a Shopping Center

Case:
Jacklin Land Company v. Blue Dog RV, Docket No. 37076
Court:
Supreme Court of Idaho
Date Issued:
June 29, 2011
Justices:
Opinion Author: Eismann, Chief Justice
Concurring in Opinion: Burdick, Justice; W. Jones, Justice; Horton, Justice
Issue:
Whether an agreement requiring a property owner to construct and maintain “a first class shopping center” on the property requires that every lot must contain such a shopping center or remain vacant. Continue reading

Posted in Hon. Daniel T. Eismann, IDAHO BUSINESS LAW TOPIC, Jane Gordon, LAND SALES, OPINION AUTHOR, Restrictive Covenants, SUMMARY AUTHOR | Comments Off

CC&R Provisions Apply to Lots if an Agreement Incorporates Them By Reference, Even if an Earlier Amendment to the CC&R’s Rendered Them Inapplicable to the Lots

Case:
Jacklin Land Company v. Blue Dog RV, Docket No. 37076
Court:
Supreme Court of Idaho
Date Issued:
June 29, 2011
Justices:
Opinion Author: Eismann, Chief Justice
Concurring in Opinion: Burdick, Justice; W. Jones, Justice; Horton, Justice
Issue:
If an Amendment renders Covenants, Conditions and Restrictions (CC&R’s) inapplicable to certain lots, and a subsequent agreement regarding those lots incorporates the CC&R’s by reference, do the incorporated CC&R’s apply to the lots? Continue reading

Posted in CC&Rs, Hon. Daniel T. Eismann, IDAHO BUSINESS LAW TOPIC, LAND SALES, Nolan Sorensen, OPINION AUTHOR, Restrictive Covenants, SUMMARY AUTHOR | Comments Off

A Household Exclusion in an Umbrella Policy Does Not Violate Public Policy

Case:
Farm Bureau Mutual Insurance Co. v. Schrock, Docket No. 37172
Court:
Supreme Court of Idaho
Date Issued:  
March 22, 2011
Justices:
Opinion Author: J. Jones, Justice
Concurring in Opinion:  Horton, Justice
Specially Concurring:  Burdick, Justice
Specially Concurring:  Eismann, Chief Justice
Issue
Whether a household exclusion in an umbrella policy violates public policy. Continue reading

Posted in Hon. Jim Jones, Household Exclusion, IDAHO BUSINESS LAW TOPIC, INSURANCE, Jeff Street, OPINION AUTHOR, Public Policy, SUMMARY AUTHOR, Umbrella Policy | Comments Off

A Party Can Bring a Suit Against a Guarantor Even if the Underlying Borrower Is Not a Named Defendant

Case:
Mountain West Bank v. Idaho Fence Co., Inc. Case No. CV-2010-10203
Court:
Kootenai County District Court
Date Issued:
May 20, 2011
Judge:
John T. Mitchell, District Judge
Issue:
Whether a party may institute a suit against a guarantor if the underlying borrower is not a named defendant in the suit. Continue reading

Posted in Guaranties, Hon. John T. Mitchell, IDAHO BUSINESS LAW TOPIC, Ky Martin Papke, OPINION AUTHOR, PROPERTY SECURITY, SUMMARY AUTHOR | Comments Off

Under the IPPEA, Constructive Discharge Occurs on the Date That Employee Provides Notice of Intent to Resign, Not on the Effective Date of the Resignation

Case
Patterson v. Idaho Department of Health and Welfare, Docket No. 37416
Court:
Supreme Court of Idaho
Date Issued:
June 29, 2011
Justices:
Opinion Author:  J. Jones, Justice
Concurring in Opinion:  Eismann, Chief Justice; Burdick, Justice; W. Jones, Justice; Horton, Justice
Issue:
Whether an employee’s constructive discharge claim under the Idaho Protection of Public Employees Act accrues on the date of resignation notice or on the effective date of resignation. Continue reading

Posted in Constructive Discharge, Hon. Jim Jones, IDAHO BUSINESS LAW TOPIC, Idaho Protection of Public Employees Act, OPINION AUTHOR, Scott Lindstrom, SUMMARY AUTHOR | Comments Off

The “One-Action” Rule of I.C. § 45-1503 Does Not Protect the Guarantor of an Obligation Secured by a Deed of Trust

Case:
Mountain West Bank v. Idaho Fence Co., Inc., Case No. CV-2010-10203
Court:
Kootenai County District Court
Date Issued:
May 20, 2011
Judge:
John T. Mitchell, District Judge
Issue:
Under I.C. § 45-1503, may the guarantors of a commercial loan secured by a deed of trust require the beneficiary creditor to foreclose the deed before seeking a judgment against them? Continue reading

Posted in Brian Schlect, Guaranties, Hon. John T. Mitchell, IDAHO BUSINESS LAW TOPIC, Idaho Trust Deed Act, Idaho Trust Deed Act, Non-Judicial Foreclosure, One-Action Rule, OPINION AUTHOR, PROPERTY SECURITY, STATUTES, SUMMARY AUTHOR | Comments Off

A Tenant in a Multi-Tenant Shopping Center Owes No Duty to Warn Invitees of Hazards Located Near the Entrance to the Tenant’s Business, Where the Area is Not Part of the Leased Premises or Under the Tenant’s Control

Case:
McDevitt v. Sportsman’s Warehouse, Inc., Docket No. 37244          
Court:
Idaho Supreme Court
Date Issued:
May 27, 2011
Judges:
Opinion Author:  W. Jones, Justice
Concurring in Opinion:  Eismann, Chief Justice; Burdick, Justice; J. Jones, Justice; and Horton, Justice
Issue:
Whether a tenant in a multi-tenant shopping center has a duty to warn invitees of hazards located near an entrance to the tenant’s business. Continue reading

Posted in Aaron Hooper, Hon. Warren E. Jones, IDAHO BUSINESS LAW TOPIC, OPINION AUTHOR, Premises Liability, SUMMARY AUTHOR | Comments Off

By Its Plain Language, A Deed of Trust that Secures “All Additional Amounts Owing to the Lender” Is Not Limited to the “Maximum Amount” Stated in the Deed

Case:
The Marina at Black Rock, LLC v. Idaho Independent Bank, Case No. CV 2011 3177
Court:
District Court of the First Judicial District of the State of Idaho in and for the County of Kootenai
Opinion Title:
Memorandum Decision and Order Denying Plaintiff’s Motion for Preliminary Injunction
Date Issued:   
May 11, 2011
Judge:
John T. Mitchell, District Judge
Issue:
Whether a deed of trust that secures obligations “up to the maximum amount of $1,600,000.00” and “all additional amounts owing to the lender” is limited to the stated maximum amount. Continue reading

Posted in Deed Interpretation, Hon. John T. Mitchell, IDAHO BUSINESS LAW TOPIC, Idaho Trust Deed Act, Non-Judicial Foreclosure, OPINION AUTHOR, PROPERTY SECURITY, Renee Karel, SUMMARY AUTHOR | Comments Off

Evidence of Construction Defects Is Relevant in a Lien Foreclosure Proceeding

Case:
Perception Construction Management, Inc. v. Bell, Docket No. 36955
Court:
Idaho Supreme Court
Date Issued:
June 29, 2011
Judges:
Opinion Author:  Horton, Justice
Concurring:  Eismann, Chief Justice; Burdick, Justice; and W. Jones, Justice
Specially Concurring:  J. Jones, Justice
Issue:
Whether an architect’s and a plumber’s opinions about the presence of construction defects are relevant in a lien foreclosure proceeding. Continue reading

Posted in Construction Liens, Hon. Joel D. Horton, IDAHO BUSINESS LAW TOPIC, Jeff Butler, OPINION AUTHOR, SUMMARY AUTHOR | Comments Off

The One-Action Rule is Not Violated When a Trustee Brings Suit Against a Debtor While Non-Judicially Foreclosing on Property Securing the Guarantor’s Obligation

Case:
The Marina at Black Rock, LLC v. Idaho Independent Bank, Case No. CV 2011 3177
Court:
District Court of the First Judicial District of the State of Idaho in and for the County of Kootenai
Opinion Title:
Memorandum Decision and Order Denying Plaintiff’s Motion for Preliminary Injunction
Date Issued:   
May 11, 2011
Judge:
John T. Mitchell, District Judge
Issue:
Whether a trustee violates the one-action rule by suing an underlying debtor for breach of contract while simultaneously non-judicially foreclosing on property securing the guarantor’s obligation. Continue reading

Posted in Guaranties, Hon. John T. Mitchell, IDAHO BUSINESS LAW TOPIC, Idaho Trust Deed Act, Idaho Trust Deed Act, Luke Howarth, Non-Judicial Foreclosure, One-Action Rule, OPINION AUTHOR, PROPERTY SECURITY, STATUTES, SUMMARY AUTHOR | Comments Off

An Attorney Merely Owes a Duty to a Testamentary Beneficiary to Effectuate the Testator’s Intent As Expressed in the Testamentary Instruments

Case:
Soignier v. Fletcher, Docket No. 37123
Court:
Supreme Court of Idaho
Date Issued:   
June 30, 2011
Judges:
Opinion Author: W. Jones, Justice
Concurring in Opinion: Burdick, Justice; J. Jones, Justice; Horton, Justice
Specially Concurring: Eismann, Chief Justice
Issue:
Whether an attorney breached a duty of care to a beneficiary by drafting a will that left her residual interests in “any trusts,” where the decedent no longer owned any trust interests. Continue reading

Posted in Hon. Warren E. Jones, IDAHO BUSINESS LAW TOPIC, OPINION AUTHOR, Professional Malpractice, SUMMARY AUTHOR, TORTS, Van Lityouvong | Comments Off

Time Limit for Asserting A UFTA Claim Is A Statute of Repose and Thus Cannot Be Tolled

Case:
Klein v. Capital One Fin. Corp., Case No. 4:10-CV-00629-EJL
Court:
United States District Court, District of Idaho
Date Issued:
July 29, 2011
Title of Opinion:
Memorandum Order
Judge:
Edward J. Lodge, United States District Judge
Issue:
Whether the four-year time limit to bring a claim under Idaho’s Uniform Fraudulent Transfer Act can be tolled under the doctrine of adverse domination. Continue reading

Posted in Hon. Edward J. Lodge, IDAHO BUSINESS LAW TOPIC, Idaho Uniform Fraudulent Transfer Act, OPINION AUTHOR, STATUTES, SUMMARY AUTHOR, Wendy Couture | Comments Off

Federal Equity Receiver for Entity Has Standing to Pursue Claims Under UFTA Against Entity’s Transferees

Case:
Klein v. Capital One Fin. Corp., Case No. 4:10-CV-00629-EJL
Court:
United States District Court, District of Idaho
Date Issued:
July 29, 2011
Title of Opinion:
Memorandum Order
Judge:
Edward J. Lodge, United States District Judge
Issue:
Whether a corporation’s receiver, appointed in federal enforcement actions, has standing to pursue claims against the corporation’s transferees under Idaho’s Uniform Fraudulent Transfer Act. Continue reading

Posted in Hon. Edward J. Lodge, IDAHO BUSINESS LAW TOPIC, Idaho Uniform Fraudulent Transfer Act, SUMMARY AUTHOR, Wendy Couture | Comments Off

The FCRA Does Not Require A Creditor to Conduct an Investigation After a Debtor, As Opposed to a Credit Reporting Agency, Notifies the Creditor that the Debt Is Disputed

Case:
Fitzgerald v. PNC, Case No. 10-CV-452-BLW
Court:
United States District Court for the District of Idaho
Opinion Title:
Memorandum Decision and Order
Date Issued:
April 22, 2011
Judge:
Chief Judge B. Lynn Winmill, United States District Judge
Issue:
Whether the Federal Credit Reporting Act requires a creditor to conduct an investigation after a debtor, as opposed to a credit reporting agency, notifies the creditor that the debt is disputed. Continue reading

Posted in Federal Credit Reporting Act, Federal Credit Reporting Act, Hon. B. Lynn Winmill, IDAHO BUSINESS LAW TOPIC, Ky Martin Papke, OPINION AUTHOR, PROPERTY SECURITY, STATUTES, SUMMARY AUTHOR | Comments Off

A Debtor Does Not Have A Private Cause of Action Against a Creditor under the FCRA if a Creditor Fails to Inform Credit Reporting Agencies that the Debtor Disputes the Debt

Case:
Fitzgerald v. PNC, Case No. 10-CV-452-BLW
Court:
United States District Court for the District of Idaho
Opinion Title:
Memorandum Decision and Order
Date Issued:
April 22, 2011
Judge:
Chief Judge B. Lynn Winmill, United States District Judge
Issue:
Whether a debtor has a private cause of action against a creditor under the Federal Credit Reporting Act if, after the debtor notifies the creditor that the debt is disputed, the creditor fails to inform the credit reporting agencies. Continue reading

Posted in Federal Credit Reporting Act, Federal Credit Reporting Act, Hon. B. Lynn Winmill, IDAHO BUSINESS LAW TOPIC, Ky Martin Papke | Comments Off

A Beneficiary of a Deed of Trust is Not a “Debt Collector” Under the FDCPA When It Acquired the Interest Before the Debt Was In Default

Case:
Fitzgerald v. PNC, Case No. 10-CV-452-BLW
Court:
United States District Court for the District of Idaho
Opinion Title:
Memorandum Decision and Order
Date Issued:
April 22, 2011
Judge:
Chief Judge B. Lynn Winmill, United States District Judge
Issue:
Whether the beneficiary of a deed of trust is a “debt collector” under the Fair Debt Collections Practices Act when it acquired the interest before the debt was in default. Continue reading

Posted in Fair Debt Collection Practices Act, Fair Debt Collection Practices Act, Hon. B. Lynn Winmill, IDAHO BUSINESS LAW TOPIC, Ky Martin Papke, PROPERTY SECURITY, STATUTES | Comments Off

A Purchase Agreement Provision Providing for the Transfer of Subsequent Proceeds Does Not Merge Into A Warranty Deed

Case:
Fuller v. Callister, Docket No. 37035
Court:
Supreme Court of Idaho
Date Issued:  
May 6, 2011
Justices:
Opinion Author: R. Burdick, Justice
Concurring in Opinion: Eismann, Chief Justice; J. Jones, Justice; Horton, Justice
Issue
Whether a purchase agreement provision providing for the buyer to transfer proceeds of a subsequent sale to the original seller merges into a warranty deed. Continue reading

Posted in CONTRACTS, Hon. Roger S. Burdick, IDAHO BUSINESS LAW TOPIC, Jeff Street, LAND SALES, Merger | Comments Off

A Purchaser is Not Unjustly Enriched If It Pays a Lower Price for Property Subject to Restrictive Covenants and Then Sells The Property for a Profit to Another Purchaser Who Can Condemn the Covenants

Case:
Harris Family Limited Partnership v. Brighton Investments LLC, Docket No. 36410         
Court:
Supreme Court of Idaho
Date Issued:   
March 18, 2011
Judge:
Opinion Author:  Justice Joel D. Horton
Concurring in Opinion:  Eismann, Chief Justice; Burdick, Justice; J. Jones, Justice; W. Jones, Justice
Issue:
Whether a purchaser is unjustly enriched if it pays a lower price for property subject to restrictive covenants and then sells the property for a profit to another purchaser who can condemn the covenants. Continue reading

Posted in CONTRACTS, Eminent Domain, Hon. Joel D. Horton, IDAHO BUSINESS LAW TOPIC, LAND SALES, Luke Howarth, Restrictive Covenants, Unjust Enrichment | Comments Off

The Conveyance of Property Burdened by Restrictive Covenants, with Knowledge that Subsequent Purchasers Intend to Exercise Eminent Domain to Condemn the Covenants, Does Not Breach the Covenants

Case:
Harris Family Limited Partnership v. Brighton Investments LLC, Docket No. 36410         
Court:
Supreme Court of Idaho
Date Issued:   
March 18, 2011
Judge:
Opinion Author:  Justice Joel D. Horton
Concurring in Opinion:  Eismann, Chief Justice; Burdick, Justice; J. Jones, Justice; W. Jones, Justice
Issue:
Whether the conveyance of property burdened by restrictive covenants, with knowledge that subsequent purchasers intend to exercise eminent domain to condemn the covenants, breaches the covenants. Continue reading

Posted in Aaron Hooper, CONTRACTS, Eminent Domain, Good Faith & Fair Dealing, Hon. Joel D. Horton, IDAHO BUSINESS LAW TOPIC, LAND SALES, Restrictive Covenants | Comments Off

Recovery for Unjust Enrichment Is Barred When An Enforceable Express Contract Covers the Same Subject Matter

Case:             
Thomas v. Thomas, Docket No. 36857
Court:
Supreme Court of Idaho
Date Issued:
February 2011
Judge:
Opinion Author:  W. Jones, Justice
Concurring in Opinion: Eismann, Chief Justice; Burdick, Justice; J. Jones, Justice; Horton, Justice
Issue
Whether an unjust enrichment claim is barred when a subsequent express contract between the parties covers the same subject matter. Continue reading

Posted in CONTRACTS, Hon. Warren E. Jones, IDAHO BUSINESS LAW TOPIC, OPINION AUTHOR, Scott Lindstrom, SUMMARY AUTHOR, Unjust Enrichment | Comments Off

Absent “Actual Evidence” of Forgery or That A Contract Was Signed On A Date Other Than That Stated, There Is Insufficient Evidence to Create A Genuine Issue of Fact About Whether or When A Contract Was Signed

Case            
Thomas v. Thomas, Docket No. 36857
Court:
Supreme Court of Idaho
Date Issued:
February 2011
Judge:
Opinion Author:  W. Jones, Justice
Concurring in Opinion: Eismann, Chief Justice; Burdick, Justice; J. Jones, Justice; Horton, Justice
Issue
When is there sufficient evidence to create a genuine issue of fact regarding whether, and when, a contract was signed? Continue reading

Posted in Execution, Hon. Warren E. Jones, IDAHO BUSINESS LAW TOPIC, Scott Lindstrom, Unjust Enrichment | Comments Off

A Streamlined “Primary Duties” Test Applies to the FLSA’s “Highly Compensated Employee” Exemption From Overtime Pay

Case:
Wood v. Kinetic Systems, Inc., Case No. 1:09-CV-579-CWD           
Court:
United States District Court for the District of Idaho
Opinion Title:
Order
Date Issued:   
April 19, 2011
Judge:
Candy W. Dale, United States Magistrate Judge
Issue:
Whether the “primary duties” test must be satisfied when an employer seeks to exempt a highly compensated employee from overtime pay under the FLSA. Continue reading

Posted in Brad Sweat, EMPLOYMENT, Fair Labor Standards Act, FLSA Exemptions, Hon. Candy W. Dale, IDAHO BUSINESS LAW TOPIC, OPINION AUTHOR | Comments Off

A Blanket Mechanic’s Lien Against An Entire Property Should Be Equitably Apportioned Based On Acreage

Case:
American Bank v. BRN Development, Inc., Case No. CV-09-2619
Court:
District Court of the First Judicial District of the State of Idaho in and for the County of Kootenai
Opinion Title:
Memorandum Decision and Order Re: Sundance Investments, LLLP’s Motion for Summary Judgment
Date Issued:   
April 15, 2011
Judge:
John P. Luster, District Judge
Issue:
Whether a blanket mechanic’s lien against an entire property, consisting of several parcels, can be enforced in toto against a single parcel. Continue reading

Posted in Equitable Apportionment, Hon. John P. Luster, IDAHO BUSINESS LAW TOPIC, Idaho Code 45-501, Mechanic's Liens, Nolan Sorensen, PROPERTY SECURITY, STATUTES | Comments Off

A Law Firm That Is Not Licensed to Practice Law Can Nonetheless Be Liable for The Malpractice of One of Its Attorneys

Case:
Stephen v. Sallaz & Gatewood, Chtd., Docket No. 36322
Court:
Supreme Court of Idaho
Date Issued:
March 17, 2011
Justices:
Opinion Author:  J. Jones, Justice
Concurring in Opinion: Eismann, Chief Justice; Burdick, Justice; W. Jones, Justice; Horton, Justice
Issue:
Whether a law firm that is not licensed to practice law can nonetheless be liable for the malpractice of one of its attorneys. Continue reading

Posted in Entity Liability, Hon. Jim Jones, Idaho Business Corporation Act, IDAHO BUSINESS LAW TOPIC, Idaho Code 5-219, Idaho Uniform Partnership Act, Jeff Butler, Professional Malpractice, TORTS | Comments Off

Although An Eventual Deficiency Judgment May Be Greater Than Contract Damages, the Award of Specific Performance to the Vendor in a Land Sale Contract Is Not An Improper Windfall

Case:
Fazzio v. Mason, Case No. 36068     
Court:
Supreme Court of Idaho
Date Issued:   
March 21, 2011
Judges:
Opinion Author:  Burdick, Justice
Concurring in Opinion: Eismann, Chief Justice; J. Jones, Justice; W. Jones, Justice; Horton, Justice
Issue:
Whether it is an abuse of discretion for a court to award specific performance to the vendor in a land sale contract if the eventual deficiency judgment awarded to the vendor may be greater than contract damages. Continue reading

Posted in CONTRACTS, Deficiency Judgments, Hon. Roger S. Burdick, IDAHO BUSINESS LAW TOPIC, LAND SALES, PROPERTY SECURITY, Renee Karel, Specific Performance, Specific Performance | Comments Off

Annexation of Property Is A Material Alteration, Which Supports An Award of Specific Performance to the Vendor in a Land Sale Contract

Case:
Fazzio v. Mason, Case No. 36068     
Court:
Idaho Supreme Court
Date Issued:   
March 21, 2011
Judges:
Opinion Author:  Burdick, Justice
Concurring in Opinion: Eismann, Chief Justice; J. Jones, Justice; W. Jones, Justice; Horton, Justice
Issue:
Whether it is an abuse of discretion for a court to award specific performance to the vendor in a land sale contract if the buyer has annexed the property in anticipation of the sale. Continue reading

Posted in CONTRACTS, Hon. Roger S. Burdick, IDAHO BUSINESS LAW TOPIC, LAND SALES, Renee Karel, Specific Performance, Specific Performance | Comments Off

Even If the Buyer Has Been Unable to Obtain Financing At the Time of Decision, An Award of Specific Performance to the Vendor in a Land Sale Contract Is Not An Abuse of Discretion

Case:
Fazzio v. Mason, Case No. 36068     
Court:
Supreme Court of Idaho
Date Issued:   
March 21, 2011
Judges:
Opinion Author:  Burdick, Justice
Concurring in Opinion: Eismann, Chief Justice; J. Jones, Justice; W. Jones, Justice; Horton, Justice
Issue:
Whether it is an abuse of discretion for a court to award specific performance to the vendor in a land sale contract if the buyer has been unable to obtain financing at the time of decision. Continue reading

Posted in CONTRACTS, Hon. Roger S. Burdick, IDAHO BUSINESS LAW TOPIC, LAND SALES, Renee Karel, Specific Performance, Specific Performance | Comments Off

A Death Caused By Natural Causes That A Hospital Negligently Failed To Treat Is Not An “Accidental Death” Within The Scope of An AD&D Policy

Case:
Dumoulin v. CUNA Mutual Group, Docket No. 36828
Court:
Supreme Court of Idaho
Date Issued:
March 16, 2011
Justices:
Opinion Author:  Horton, Justice
Concurring in Opinion:  Eismann, Chief Justice; Burdick, Justice, J. Jones, Justice; W. Jones, Justice
Issue:
Whether a death caused by natural processes that a hospital negligently failed to treat is an “accidental death” within the scope of an accidental death and dismemberment insurance policy. Continue reading

Posted in AD&D Policy Coverage, Hon. Joel D. Horton, IDAHO BUSINESS LAW TOPIC, INSURANCE, Jane Gordon, OPINION AUTHOR | Comments Off

An Insurance Policy Entered Into By An Individual Who Has Been Adjudicated to Be Incapacitated Is Void

Case:
Rogers v. Household Life Insurance Co., Docket No. 36746
Court:
Supreme Court of Idaho
Date Issued:
March 18, 2011
Justices:
Opinion Author: Horton, Justice
Concurring in Opinion: Eismann, Chief Justice; Burdick, Justice; J. Jones, Justice; W. Jones, Justice
Issue:
Is a life insurance policy contract void, or merely voidable, when the individual who contracts with the insurance company has been adjudicated to be incapacitated at the time that he or she enters into the contract? Continue reading

Posted in Brian Schlect, CONTRACTS, Hon. Joel D. Horton, IDAHO BUSINESS LAW TOPIC, Incapacity, Incapacity, INSURANCE, Term Life Insurance | Comments Off

A Mere Assignment of a Purchase Agreement, Without a Novation, Does Not Relieve the Assignor of Its Obligations Under The Agreement

Case:
Fuller v. Callister, Docket No. 37035
Court:
Supreme Court of Idaho
Date Issued:   
May 6, 2011
Justices:
Opinion Author: R. Burdick, Justice
Concurring in Opinion: Eismann, Chief Justice; J. Jones, Justice; Horton, Justice
Issue:
Whether the assignment of a purchase agreement relieves the assignor of liabilities and obligations under the agreement. Continue reading

Posted in Assignment, Assignment, Hon. Roger S. Burdick, IDAHO BUSINESS LAW TOPIC, LAND SALES, Novation, Novation, Van Lityouvong | Comments Off

Mere Compliance With The Idaho Trust Deed Act’s Procedural Requirements Is Insufficient To Establish A Party’s Substantive Right to Institute Non-Judicial Foreclosure Proceedings

Case:
Armacost v. HSBC Bank USA, Case No. 10-CV-274-EJL-LMB     
Court:
United States District Court for the District of Idaho
Opinion Title:
Report and Recommendation
Date Issued:   
February 9, 2011
Judge:
Honorable Larry M. Boyle, United States Magistrate Judge
Issue:
Whether mere compliance with the Idaho Trust Deed Act’s procedural requirements is sufficient to establish a party’s substantive right to institute non-judicial foreclosure proceedings. Continue reading

Posted in Hon. Larry M. Boyle, IDAHO BUSINESS LAW TOPIC, Idaho Trust Deed Act, Idaho Trust Deed Act, Non-Judicial Foreclosure, PROPERTY SECURITY, Wendy Couture | Comments Off

Instituting Non-Judicial Foreclosure Proceedings Without The Substantive Right To Do So Is Potentially Actionable Under the Fair Debt Collection Practices Act

Case:
Armacost v. HSBC Bank USA, Case No. 10-CV-274-EJL-LMB     
Court:
United States District Court for the District of Idaho
Opinion Title:
Report and Recommendation
Date Issued:   
February 9, 2011
Judge:
Honorable Larry M. Boyle, United States Magistrate Judge
Issue:
Whether instituting non-judicial foreclosure proceedings without the substantive right to do so is potentially actionable under the Fair Debt Collection Practices Act. Continue reading

Posted in Fair Debt Collection Practices Act, Fair Debt Collection Practices Act, Hon. Larry M. Boyle, IDAHO BUSINESS LAW TOPIC, Non-Judicial Foreclosure, PROPERTY SECURITY, STATUTES, Wendy Couture | Comments Off

A Change in Idaho’s Public Policy Can Invalidate a Preexisting Contractual Provision Only If The Policy Protects The “Public Good”

Case:
Hill v. Am. Family Mut. Ins. Co., Case No. 36311    
Court:
Supreme Court of Idaho
Date Issued:   
January 5, 2011
Judges:
Opinion Author:  W. Jones, Justice
Concurring in Opinion:  Burdick, Justice; J. Jones, Justice
Dissenting Opinion Author:  Eismann, Chief Justice
Concurring in Dissent:  Horton, Justice
Issue:
Whether a change in Idaho’s public policy can invalidate a preexisting contractual provision. Continue reading

Posted in CONTRACTS, Hon. Warren E. Jones, IDAHO BUSINESS LAW TOPIC, INSURANCE, Public Policy, Public Policy, UIM Policy Coverage, Wendy Couture | Comments Off

Exhaustion Clauses in UIM Policies Are Void As Against Public Policy

Case:
Hill v. Am. Family Mut. Ins. Co., Case No. 36311    
Court:
Supreme Court of Idaho
Date Issued:   
January 5, 2011
Judges:
Opinion Author:  W. Jones, Justice
Concurring in Opinion:  Burdick, Justice; J. Jones, Justice
Dissenting Opinion Author:  Eismann, Chief Justice
Concurring in Dissent:  Horton, Justice
Issue:
Whether an exhaustion clause, conditioning UIM benefits on the exhaustion of the tortfeasor’s insurance policy, is void as against public policy. Continue reading

Posted in Exhaustion Clauses, Hon. Warren E. Jones, IDAHO BUSINESS LAW TOPIC, INSURANCE, Public Policy, UIM Policy Coverage, Wendy Couture | Comments Off

Claims Based on the Establishment of an Account Are Outside the Scope of an Attorney Fee Provision for Claims Based on the “Handling” of an Account

Case:
Wattenbarger v. A.G. Edwards & Sons, Inc., Case No. 36245          
Court:
Supreme Court of Idaho
Title of Opinion:
Substitute Opinion (withdrawing the Court’s previous opinion filed June 28, 2010)
Date Issued:   
December 23, 2010
Justices:
Opinion Author:  Justice Jim Jones
Concurring:  Chief Justice Daniel Eismann; Justice Roger S. Burdick; Justice Warren Jones; Justice Joel Horton
Issue:
Whether claims based on the establishment of allegedly unsuitable accounts were within the scope of an attorney fees provision for claims based on the “handling” of an account. Continue reading

Posted in Attorney Fee Provision, CONTRACTS, Hon. Jim Jones, IDAHO BUSINESS LAW TOPIC, Wendy Couture | Comments Off

Economic Loss Rule Bars Negligence Claim Where the Damaged Property Was Dependent on the Property That Was the Subject of the Transaction

Case:
Crandall v. Seagate Tech., Case No. 1:10-CV-128-MHW   
Court:
United States District Court, District of Idaho
Title of Opinion:
Memorandum Decision and Order
Date Issued:   
January 25, 2011
Judge:
Mikel H. Williams, United States Magistrate Judge
Issue:
Whether the economic loss rule bars a negligence claim for damage to property, where the damaged property was dependent on the property that was the subject of the transaction. Continue reading

Posted in Economic Loss Rule, Hon. Mikel H. Williams, IDAHO BUSINESS LAW TOPIC, TORTS, Wendy Couture | Comments Off