Idaho Law Blog

Legal Descriptions in Deeds Must Exactly Identify Sold Property

Published on: December 8, 2016 | by Racine Olson

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 to identify exactly what property is being conveyed. This description must be written in so that quantity, identity, or boundaries can be determined. The description must stand alone, without support from outside evidence.

In this recent decision, The David and Marvel Benton Trust v. McCarty, McCarty asserted that the following legal description in a quitclaim deed was sufficient:

The Time of Hearing Decides the Labor Market

Published on: December 8, 2016 | by Racine Olson

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 medical issues which included two prior back surgeries and the removal of his left lung. The claimant contended that he was totally and permanently disabled and sought recovery from both his employer and from the State of Idaho Industrial Special Indemnity Fund (ISIF). The Commission found that the claimant to have permanent disability of 95%, which meant that they did not find him to be totally and permanently disabled.

The Claimant appealed the Commission’s decision to the Idaho Supreme Court and argued the Commission correctly evaluated the permanent disability at the time he reached Maximum Medical Improvement (MMI) for his last injury as opposed to the actual date of the hearing in his Idaho Workers’ Compensation case. This was significant because his MMI date was in late 2005, which occurred during a job market boom as opposed to 2009, when his hearing was held and Idaho was in the midst of the Great Recession.

Employment Laws that Protect Veterans and Members of the Military

Published on: December 2, 2016 | by Racine Olson

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 Simple 3 Step Estate Plan

Published on: December 2, 2016 | by Racine Olson

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 a qualified estate planning attorney.

MAKE A LIST OF WHAT YOU OWN AND WHAT YOU OWE

Should There Be Limits to Tenant Lawsuits in Idaho?

Published on: December 2, 2016 | by Racine Olson

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 O’Neill took the unusual step of barring him from pursuing any more litigation against its past and current owners.

“I am both relieved and excited, not just for me, but for the fact the courts are willing to recognize that nobody should be permitted to use the system as a weapon,” said Meyer Muschel, a former owner of the building who had been sued.

The Federal Family and Medical Leave Act (FMLA)

Published on: November 30, 2016 | by Racine Olson

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 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave. Essentially this means that an employee who is covered by the FMLA can take up to 12 weeks of leave, that is unpaid, with an assurance that their job will be open and remaining for them when they return.

The FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interests of employers and promote equal employment opportunity for men and women.

The Flexibility of Estate Planning

Published on: November 30, 2016 | by Racine Olson

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 changing all the time. Below are three of the basic areas that illustrate how flexible estate planning can be.

OWNERSHIP AND USE OF PROPERTY

Landlord-Tenant Law and Restoration Agreements

Published on: November 30, 2016 | by Racine Olson

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 in before the modification occurred.

So the question arises, it is legal for a landlord to require a tenant to sign a “Restoration Agreement” when a modification is made. The answer to this questions is controlled by language in the Fair Housing Act itself. According to the applicable section of the Fair Housing Act:

9th Circuit Court of Appeals Decision

Published on: November 29, 2016 | by Racine Olson

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 responded, and allegedly used excessive force to effectuate Rice’s arrest.　 The ruling in favor of Murakami reverses Chief US District Judge Winmill’s ruling denying summary judgment to her for the Code 3 call, which we appealed, and which was reversed.　 Previously, Judge Winmill had granted partial summary judgment dismissing additional claims for traffic stop and arrest, holding there was probable cause to do so.　 If the procedural status on appeal is confusing to the reader, recall that an interlocutory appeal of a denial of summary judgment is allowed in such section 1983 actions before trial and final judgment, which is opposite the general rule.　 Risk Management, ISP, and Officer Murakami, and the AG’s office are/will be very pleased with this favorable circuit opinion in favor of their officer.

Probate is Not that Bad

Published on: November 28, 2016 | by Racine Olson

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 comes to probate. However, there are also a large number of individuals who have lived in Idaho their entire lives who for some reason feel it necessary to avoid probate

I found that when I actually talk to these clients I learn that their desire to avoid probate stems from information they have received from family or friends. I’m sure that these family and friends are well meaning, but I often find that the information they provide to my client is not accurate. It is my belief that there really are only three legitimate reasons to try and avoid probate.