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Editor In Chief:
Wendy Gerwick Couture
Associate Professor at the
University of Idaho
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Archive Articles
Category Archives: Hon. Warren E. Jones
Debt Recharacterization Is A Factual Issue and Cannot Be Resolved At Summary Judgment In the Face of Conflicting Evidence
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
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Equitable Subordination Will Not Be Applied Outside of the Bankruptcy Context
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
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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
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
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An Attorney Merely Owes a Duty to a Testamentary Beneficiary to Effectuate the Testator’s Intent As Expressed in the Testamentary Instruments
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
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Recovery for Unjust Enrichment Is Barred When An Enforceable Express Contract Covers the Same Subject Matter
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
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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
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
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A Change in Idaho’s Public Policy Can Invalidate a Preexisting Contractual Provision Only If The Policy Protects The “Public Good”
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
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Exhaustion Clauses in UIM Policies Are Void As Against Public Policy
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
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