By Lane V. Erickson, Attorney Landlords often have potential tenants or current tenants who are or become disabled physically or otherwise. When this occurs, the Fair Housing Act requires a landlord to make a reasonable accommodation for the tenant in most circumstances. My landlord clients often ask me what a…
Idaho Law Blog
Pre-Paid Funeral as Part of Your Estate Plan
By Lane V. Erickson, Attorney There are just about as many different types of estate plans as there are people. What this really means is that there is a great deal of flexibility in the type and content of the estate plan that you choose. Estate planning is really designed…
Unemployment Benefits Likely Gone If You Quit Your Job Without a Good Reason
By Joseph G. Ballstaedt In Idaho, if you leave your job voluntarily (rather than being fired), you are not eligible for unemployment benefits unless you left for “good cause connected with [your] unemployment.” The term “good cause” does not have an exact definition, and what constitutes good cause will depend…
Wildlife Collision Season Is Upon Us
It is the time of year with weather changes, mating and hunting seasons upon us when the likelihood that an Idaho driver will collide with wildlife, especially deer increases. ITD reports that injuries and fatalities spike during the months of October, November, and December due to deer versus vehicle collisions.…
Estate Planning, Hoping for the Best But Planning for the Worst
By Lane V. Erickson, Attorney Estate planning is the process where you put into writing the objectives that you have that you want to accomplish and the distributions of property that will occur when you pass away. I feel that my job as an estate planning attorney is to identify…
ADA Accommodations – Animals Assisting Tenants
By Lane V. Erickson, Attorney A reasonable accommodation, when it comes to landlord and tenant relationships, occurs when there is a change in rules, policies, practices, or services so that a person with a disability will have an equal opportunity to use and enjoy a dwelling unit or common space.…
Sixth District Judges Discuss Due Process
By Joseph G. Ballstaedt A somewhat common saying in the legal profession is that a good lawyer knows the law, but a great lawyer knows the judge. Whether or not you agree with this saying, it can’t hurt to know what local judges are stressing to lawyers in the community.…
Snake River Plain and Eastern Magic Valley Brace for First Snowfall
Work Accidents and the Marek Decision – When Can Employees Sue Their Employers For Personal Injuries?
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…
The Public Policy Exception to At-Will Employment
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…