By Joseph G. Ballstaedt A few days ago, the Idaho Supreme Court issued a decision that reaffirms an Idaho rule concerning property descriptions. The Court held that a conveyance deed is not enforceable unless the property description in the deed describes the property so that it is possible for someone…
By Fred J. Lewis On March 7, 2012, the Idaho Supreme Court decided the case of Brown v. The Home Depot. In this case the claimant had slipped on the snow covered steps while working for Home Depot and hurt his back. This Idaho Workers’ Compensation claimant had significant preexisting…
By Lane V. Erickson, Attorney Federal law has made an effort to protect those who serve in our Armed Forces. Particularly, federal law concerning the employment of members of the military provides protections above those normally given to regular employees. According to the Federal Department of Labor: The employment rights…
By Lane V. Erickson, Attorney Estate planning does not have to be complex. In fact, many of my clients are surprised when We complete their estate planning for them and they can see how simple it really was. Below is a simple three-step estate plan that anyone can accomplish through…
By Lane V. Erickson, Attorney As reported by the New York Post, a tenant of a famed Bowery flophouse has been banned from suing his landlord. Roland Davis, 65, had already sued the Whitehouse Hotel at 338-340 Bowery 23 times in seven years, losing every time, when Manhattan Judge Kelly…
By Lane V. Erickson, Attorney Employers are often covered by federal employment laws that provide certain protections for employees. One of the laws that exist that is applicable to many employers is the Family and Medical Leave Act (FMLA). The FMLA is designed to provide certain employees with up to…
By Lane V. Erickson, Attorney I’ve been an estate planning attorney now for nearly two decades. One of the first things I discovered about estate planning when I first began practicing was how flexible estate planning can be. Flexibility in estate planning is really important because a person’s circumstances are…
By Lane V. Erickson, Attorney Whenever a “Reasonable Modification” has been made to a property rented to a tenant, the issue of restoring the property comes up. In most instances, the landlord has a right to “restore” or to have the tenant restore the premises to the condition they were…
memo-decision-11-29-16 9th CCA received today. We successfully defended ISP officer Janet Murakami in a civil rights action under 42 USC, sec. 1983, through State of Idaho Risk Management Program. The opinion holds she was entitled to qualified immunity for a Code 3 call for emergency backup form other officers, who…
By Lane V. Erickson, Attorney Recently there seems to be a trend by my estate planning clients to avoid probate at all costs. It is true that a number of my recent clients have recently moved to Idaho from other states whose laws are vastly different than Idaho’s when it…