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Editor In Chief:
Wendy Gerwick Couture
Associate Professor at the
University of Idaho
College of Law SEARCH THIS SITE
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- Hon. Daniel T. Eismann
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- Hon. John P. Luster
- Hon. John T. Mitchell
- Hon. Justin L. Quackenbush
- Hon. Larry M. Boyle
- Hon. Mikel H. Williams
- Hon. Roger S. Burdick
- Hon. Terry L. Myers
- Hon. Warren E. Jones
- SUMMARY AUTHOR
- IDAHO BUSINESS LAW TOPIC
Archive Articles
Category Archives: Wendy Couture
A Representation Agreement Authorizing the Absolute Auction of Property Satisfies the Statute of Frauds
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
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Civil Rights Claims under the Fair Housing Act Are Within The Scope of A Policy Exclusion for Claims Arising Out of “Land Use Regulation”
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
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A Stock Redemption Agreement That Violates A Statutory Restriction on Source of Funds Is Illegal and Unenforceable
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
If a Shareholder Vote is Required to Authorize the Use of Capital Surplus to Redeem Stock, the Authorization Must Be Explicit
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
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The Party Challenging the Enforceability of a Liquidated Damages Provision Bears the Burden of Proving That It Bears No Reasonable Relation to Actual Damages
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
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Time Limit for Asserting A UFTA Claim Is A Statute of Repose and Thus Cannot Be Tolled
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
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Federal Equity Receiver for Entity Has Standing to Pursue Claims Under UFTA Against Entity’s Transferees
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
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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
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
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Instituting Non-Judicial Foreclosure Proceedings Without The Substantive Right To Do So Is Potentially Actionable Under the Fair Debt Collection Practices Act
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
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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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
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
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Economic Loss Rule Bars Negligence Claim Where the Damaged Property Was Dependent on the Property That Was the Subject of the Transaction
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
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Intentional Infliction of Emotional Distress Claim Asserted Against Insured And Settled Before Trial Was Not Covered by CGL Policy
Case: Blue Cross of Id. Health Serv., Inc. v. Atl. Mut. Ins. Co., Case No. 1:09-CV-246-CWD Court: United States District Court, District of Idaho Title of Opinion: Memorandum Decision and Order re: (1) Defendants’ Motion for Partial Summary Judgment, etc. … Continue reading
Posted in CGL Policy Coverage, Hon. Candy W. Dale, IDAHO BUSINESS LAW TOPIC, INSURANCE, Wendy Couture
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WARN Act Prohibits the Termination of Warned Employees During the Notice Period, Even if Fewer Than 50 Employees Are Affected
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
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Privity of Contract Is Not Always A Prerequisite for Liability Under the Idaho Consumer Protection Act
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
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