Category Archives: STATUTES

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

Posted on April 14, 2012 by Wendy Couture

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; … 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 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

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

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

Posted on September 19, 2011 by Wendy Couture

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, … 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

Posted on September 18, 2011 by Wendy Couture

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 … 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

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

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

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

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

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

Posted on July 27, 2011 by Wendy Couture

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 … 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

Posted on July 19, 2011 by Wendy Couture

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

Posted on July 19, 2011 by Wendy Couture

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 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

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

Posted on March 24, 2011 by Wendy Couture

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 … 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

Posted on March 23, 2011 by Wendy Couture

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

WARN Act Prohibits the Termination of Warned Employees During the Notice Period, Even if Fewer Than 50 Employees Are Affected

Posted on October 8, 2010 by Wendy Couture

Court Rules that the WARN Act Prohibits the Termination of Warned Employees During the Notice Period, Even if Fewer Than 50 Employees Are Affected

Whether an employer could terminate employees who were given a WARN Act notice within the 60-day notice period, so long as the number of terminated employees did not exceed the 50 required to trigger the notice requirement. Continue reading →

Posted in Hon. Justin L. Quackenbush, IDAHO BUSINESS LAW TOPIC, STATUTES, WARN Act, Wendy Couture | Comments Off

Privity of Contract Is Not Always A Prerequisite for Liability Under the Idaho Consumer Protection Act

Posted on October 3, 2010 by Wendy Couture

Case: Voorhies v. North Idaho Group, LLC, Case No. S-CV-2008-993 Court: District Court of the First Judicial District of the State of Idaho in and for the County of Bonner Title of Order: Memorandum Decision and Order Denying Defendant Arrowhead … Continue reading →

Posted in Hon. John T. Mitchell, IDAHO BUSINESS LAW TOPIC, Idaho Consumer Protection Act, OPINION AUTHOR, STATUTES, SUMMARY AUTHOR, Wendy Couture | Comments Off