Monthly Archives: June 2011

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

Posted on June 24, 2011 by Wendy Couture

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 … 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

Posted on June 24, 2011 by Wendy Couture

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 … 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

Posted on June 23, 2011 by Wendy Couture

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” … 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

Posted on June 23, 2011 by Wendy Couture

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 … 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

Posted on June 22, 2011 by Wendy Couture

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 … 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

Posted on June 21, 2011 by Wendy Couture

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 … 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

Posted on June 21, 2011 by Wendy Couture

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 … 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

Posted on June 21, 2011 by Wendy Couture

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 … 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

Posted on June 21, 2011 by Wendy Couture

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 … 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

Posted on June 17, 2011 by Wendy Couture

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: … 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

Posted on June 16, 2011 by Wendy Couture

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 … Continue reading →

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