Idaho Supreme Court Update: Latvala v. Green Enterprises, Inc.
The facts. This case was previously before the Idaho Supreme Court in Latvala v. Green Enterprises, Inc., 168 Idaho 686, 485 P.3d 1129 (2021) (Latvala I). It concerns the scope of a prescriptive...
View ArticleIdaho Supreme Court Update: Originalism in Idaho
On January 5, 2023, the Idaho Supreme Court issued its opinion in Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky v. State of Idaho. In a 3-2 decision, the Court upheld three...
View ArticleIdaho Supreme Court Update: A trial court’s oral ruling granting an order is...
On January 6, 2023, the Idaho Supreme Court issued its decision in Katseanes v. Katseanes. The decision addresses the enforceability of a trial court’s oral rulings and appellate review of criminal...
View ArticleIdaho’s Supreme Court Raises New Questions About the Essential Elements of a...
Idaho’s Supreme Court recently issued a new opinion discussing the requirements to form a valid lease agreement. Unfortunately, the case raises as many questions as it answers. In 616 Inc. v. Mae...
View ArticleIdaho Supreme Court Update: Idaho’s catch-all statute of limitations revokes...
On January 25, 2023, the Court issued a substitute opinion in Easterling v. HAL Pacific Properties. The decision, which was decided 3-2, provides insights into the Court’s views on statutory...
View ArticleIdaho Supreme Court Update: Attorney’s Fees in Real Estate Litigation Under...
On February 14, 2023, the Court released a unanimous decision in Treasure Valley Home Solutions, LLC v. Chason. This post will focus on the Court’s analysis of when a real estate transaction is a...
View ArticleIdaho Supreme Court Update: The Risks of Cross Appeals
We recently addressed the Idaho Supreme Court’s decision in 616 Inc. v. Mae Properties, LLC, No. 49190 (Feb. 8, 2023), and specifically the essential elements of a lease. The decision also includes an...
View ArticleWashington Supreme Court Unanimously Rejects the Apex Doctrine
In Stratford v. Umpqua Bank, No. 100717-5 (Sept. 14, 2023) (slip op.), the Washington Supreme Court rejected the application of the “apex doctrine” in Washington. The apex doctrine has been adopted by...
View ArticleThe Mood Swings on Insurer Bad-Faith in Oregon: An Analysis of the Oregon...
The Oregon Supreme Court has long held the legislature did not create a private right of action under the Unfair Claims Settlement Practices Act (ORS 746.230). Policyholders could bring a tort claim...
View ArticleIdaho Supreme Court Update: The Court’s original jurisdiction is limited, but...
On January 29, 2024, the Idaho Supreme Court issued an opinion in Idaho State Athletic Commission v. Office of the Administrative Rules Coordinator. In the decision, the Court held that it does not...
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