Category Archives: OPINION AUTHOR

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

Posted on April 13, 2012 by Wendy Couture

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 … 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

Posted on March 28, 2012 by Wendy Couture

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 … 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

Posted on March 28, 2012 by Wendy Couture

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 … 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

Posted on March 26, 2012 by Wendy Couture

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 … 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

Posted on February 18, 2012 by Wendy Couture

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 … 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

Posted on February 18, 2012 by Wendy Couture

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 … 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

Posted on January 26, 2012 by Wendy Couture

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 … 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

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

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

Posted on September 24, 2011 by Wendy Couture

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 … 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

Posted on September 20, 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: Whether a party may institute a suit against a guarantor if the underlying … 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

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

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

Posted on September 2, 2011 by Wendy Couture

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 … 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

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

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

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 | 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

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 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

Posted on July 6, 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 a purchase agreement provision … 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

Posted on July 6, 2011 by Wendy Couture

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; … 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

Posted on July 6, 2011 by Wendy Couture

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; … 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

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

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

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 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”

Posted on February 23, 2011 by Wendy Couture

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 … 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

Posted on February 21, 2011 by Wendy Couture

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 … 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

Posted on February 11, 2011 by Wendy Couture

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 … 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

Posted on February 9, 2011 by Wendy Couture

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 … Continue reading →

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