By Fred J. Lewis On December 30, 2016, the Idaho Supreme Court gave injured workers a late Christmas gift in the form of a decision holding that employers that are negligent waive their right to reimbursement on their subrogated claim to the proceeds of a third-party settlement or verdict. In…
Idaho Law Blog
Holding the Will of a Person Who Has Died
By Lane V. Erickson, Attorney In an ideal world a person who has completed their Last Will and Testament will keep the original deposited with their attorney. This makes it so easy for a family once that person passes away to get the original Last Will and Testament and to…
Semi Accident Backs Up Traffic on I-84 near Nampa
Idaho State Police and the Nampa Police Department report a crash involving a semi truck occurred on Wednesday, December 28, 2016 at approximately 9:40 a.m. near the Garrity exit just east of milepost 38. The eastbound lanes of I-84 were completely blocked for a brief time and motorists were advised…
What is Considered On Duty Time for Employees In Idaho
By Lane V. Erickson, Attorney Both Idaho law and applicable Federal Law require that an employer pay an employee for all hours worked. Sometimes it is clear what is considered on duty time. However, sometimes it is not. In Idaho, hours worked does not include: time to be spent by…
Can a Murderer Receive Property from the Person they Kill?
By Lane V. Erickson, Attorney Is an estate planning attorney I enjoy watching television murder mysteries. It’s like a game of Clue. I am often surprised however by the number of times I am asked the question can a person who commits a murder receive property under the will of…
Fog & Freezing Fog Develops in Parts of the Treasure Valley
Several accidents were reported during the morning commute on I-84 Thursday morning, December 22nd. As dense fog and freezing fog rolled into parts of the Treasure Valley, motorists were instructed by ISP, ITD and local police departments to be sure to slow down. Visibility was reduced in certain areas to…
Negligent Hiring and Negligent Supervision
By Lane V. Erickson, Attorney In Idaho, employers have a duty to protect others from the foreseeable harmful conduct of its employees. The two types of cases that are usually brought against an employer when an employee engages in intentionally harmful conduct to others are negligent hiring and negligent supervision.…
The Statute of Limitations for a Non-Judicial Foreclosure
By Lane V. Erickson, Attorney One of the first things to consider when preparing to foreclose non-judicially on real estate is whether you have a legal right to do so. If you have waited too long to exercise your right to foreclose, you may have lost your right. When it…
Idaho Workers’ Compensation Claimants Can Usually Choose Their Doctor
By Fred J. Lewis We, as Americans, love to choose the doctor who will treat us for medical problems. This streak of independence has killed most universal health care or single-payer plans that have been advanced by various politicians over the last 50-60 years. Idaho Code Section 72-432 (7) allows…
Idaho comparative fault
By Patrick N. George Accidents are almost never just a simple matter of one person being at fault and paying for the injuries caused. Usually both parties bear some responsibility and attorney’s, judges, and ultimately juries are the ones who end up assigning the percentage of fault to each side.…