Idaho Law Blog

BY BRENT O. ROCHE Work Accidents and the Marek Decision – When Can Employees Sue Their Employers For Personal Injuries? In its recent decision in Marek v. Hecla, Limited, the Idaho Supreme affirmed summary judgment in favor of the mine/employer and dismissed a wrongful death claim arising from the collapse…

By Joseph G. Ballstaedt  In Idaho, almost every employee is an at-will employee, which means he has no contract with his employer establishing how long the employment relationship will last or limiting why he can be fired. At-will employees can be fired for almost any reason and, conversely, can quit…

How often on a congested interstate do you hear sirens approaching, and then see the emergency lights approach from behind your vehicle? When an emergency vehicle approaches on a busy freeway, what should drivers do to respond in a safe and lawful manner? Idaho Code §42-625 reads as follows: “(1)…

By Lane V. Erickson, Attorney In the course of being an estate planning attorney for nearly two decades I can tell you that I often have clients who want to have more than one of their children named as a co-personal representative. Whenever this happens I have a lengthy discussion…

By Lane V. Erickson, Attorney I’ve come to understand that my estate planning clients are always well-meaning, but often make mistakes in their estate planning simply because they don’t understand the legal effect of their actions. One of the areas that I find is often a concern is when an…

The Idaho State Police (ISP) report that a single-vehicle crash caused injuries to a 21 year-old driver on November 16, 2016 at approximately 3:30 p.m. The accident happened near the Franklin Road exit in Ada County. A female from Kuna, who was driving a 2005 Toyota Scion, left the lane…

By Fred Lewis In Fairchild v. Kentucky Fried Chicken, 159 Idaho 208 (2015), on November 13, 2004 16 year old Terence Fairchild was employed by Kentucky Fried Chicken as a cook. He was carrying garbage to a dumpster when he slipped on ice and fell, striking his knees on a…

By Lane V. Erickson, Attorney My employer clients often ask me if they can be held liable for injuries or damages caused by their employees while they are working. Whenever I begin discussing this question with my clients I always like to start with a scene from the movie, Joe…

By Lane V. Erickson, Attorney Misrepresentation is just another word for fraud. Misrepresentation, either intentional or through negligence simply means there was a failure to communicate. This section will first define the types of misrepresentation that exist in Idaho and will then discuss the basic elements of agency law, which…