Monthly Archives: December 2011

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

Posted on December 12, 2011 by Wendy Couture

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 … 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”

Posted on December 4, 2011 by Wendy Couture

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 … 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

Posted on December 4, 2011 by Wendy Couture

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 … 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

Posted on December 4, 2011 by Wendy Couture

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 … 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

Posted on December 3, 2011 by Wendy Couture

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 … 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

Posted on December 3, 2011 by Wendy Couture

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: … 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

Posted on December 3, 2011 by Wendy Couture

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 … 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

Posted on December 3, 2011 by Wendy Couture

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 … 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