Monthly Archives: August 2011

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

Posted on August 24, 2011 by Wendy Couture

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 … 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

Posted on August 22, 2011 by Wendy Couture

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: … 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

Posted on August 21, 2011 by Wendy Couture

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 … 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

Posted on August 11, 2011 by Wendy Couture

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 … 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

Posted on August 4, 2011 by Wendy Couture

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 … 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

Posted on August 4, 2011 by Wendy Couture

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 … Continue reading →

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