United States of America v. Sergio Cisneros-Guzman, a/k/a Salomon Hernandez Medina

Smalley was employed at an assisted living facility and worked alone as the overnight caregiver. The victim, F.B., was a 102-year-old patient at the facility who had arthritis, wore
hearing aids, and spoke with a low voice. Her hands were deformed from the arthritis, she could only eat with a large-handled spoon, and she had difficulty swallowing. F.B. could not walk, sit up, stand, dress ... More...    $0 (05-13-2018 - ID)

Investigative journalism has long been a fixture in the American press, particularly with regard to food safety.1 In the early 1900s, Upton Sinclair highlighted conditions in the meat-packing industry in The Jungle, a novel based on his time working incognito in a packing plant.2 This case also originates in the agricultural sector�a secretly-filmed expos� of the operation of an Idaho dairy fa... More...    $0 (01-09-2018 - ID)

This case arises from Richard Gomez’s breach of a real estate agreement for the sale and purchase of residential real estate from Todd Phillips in his capacity as Trustee of Trust “A” of the Elliott Family Trust. Phillips appeals the Ada County district court’s denial of Phillips’s request to recover actual damages. After a bench trial, the district court held that Phillips’s claim for breach of c... More...    $0 (11-08-2017 - ID)

Bryana Bible stopped paying her student loan but later  agreed to a rehabilitation program, governed by 34 C.F.R.  §682.405, under which she paid $50 a month (not enough to cover even half of the monthly interest) in anticipation that  she would eventually resume making full payments, after  which the note would be sold to a new private lender. When  signing the rehabilitation contract, Bible prom... More...    $0 (10-11-2015 - ID)

While somewhat convoluted in its background, this appeal stems from a dispute over amounts due and owing under a state highway contract. Debco Construction and ITD entered into a contract whereby Debco agreed to provide construction services on a state highway project in Twin Falls, Idaho, known as the Washington Street Project. The contract included a process (Specifications) for adjustment of t... More...    $0 (09-26-2015 - ID)

The victim entered a psychiatric hospital on January 30, 2009, and David Aaron Knutsen (Defendant), who was thirty-one years old, was already at the facility. The victim, who was a twenty-two-year-old woman with a full-scale IQ of 72, had been admitted to the hospital because
2
she was depressed and suicidal. Defendant had checked himself into the hospital for thirty-six hours to have... More...    $0 (08-24-2015 - ID)

This is an appeal out of Ada County from a declaratory judgment holding that TracFone
is a telecommunication provider under Idaho Code section 31-4802(15)(d). We affirm that
judgment.

I.
Factual Background.
TracFone Wireless, Inc., is a non-facilities-based commercial mobile radio service
provider (a pure wireless reseller) that provides prepaid wireless telecommunicat... More...    $0 (06-23-2015 - ID)

This action stems from attempts by the Water Users’ Association of the Broadford Slough and Rockwell Bypass Lateral Ditches, Inc. (Association) to collect assessments from Big Wood Ranch, LLC (BWR) for maintenance performed by the Association on the Broadford Slough (Slough) and Rockwell Bypass (Bypass), which are conduits for the delivery of surface water to property owned by BWR and some of it... More...    $0 (03-02-2015 - ID)

Both Idaho and Nevada have passed statutes and enacted constitutional
amendments preventing same-sex couples from marrying and refusing to recognize
same-sex marriages validly performed elsewhere.2 Plaintiffs, same-sex couples
1A disposition in Jackson v. Abercrombie, Nos. 12-16995 & 12-16998, is
forthcoming separately.
2Idaho Const. Art. III, § 28 (“A marriage between a man... More...    $0 (10-07-2014 - ID)

This is a permissive appeal out of Ada County from an order denying the appellants’ motions for summary judgment. The central issue is whether an attorney who, as counsel for a corporation, issues an opinion letter stating that a stock redemption agreement does not violate the law can be held liable to the shareholder whose stock was redeemed if the opinion was incorrect and the redemption agree... More...    $0 (08-27-2014 - ID)

This case arises from the breach of a residential construction agreement. Homeowners Louis and Patricia Caravella appeal from the district court’s judgment, following a court trial, dismissing their fraud counterclaim against respondents, Frontier Development Group, LLC (FDG) and Michael Horn, FDG’s owner/manager. The Caravellas also appeal from the district court’s decision that Horn was no... More...    $0 (08-28-2014 - ID)

EISMANN, Justice.
This is an appeal out of Ada County from an order denying a motion to compel nonparties to a contract to arbitrate pursuant to an arbitration clause in the contract. We affirm the order of the district court.
I.
Factual Background.
2
In February 2010, Mark Boling, an attorney residing in California, received a packet dated February 1, 2010, from Clearwater Rea... More...    $0 (02-11-2014 - ID)

Appellant, Charles DeGroot and DeGroot Farms, LLC (collectively “DeGroot�), appeals the district court’s entry of summary judgment on its claims against Standley Trenching, Inc. d/b/a Standley & Co. (“Standley�), relating to the construction and installation of a manure handling system at the DeGroot dairy. Beltman Construction, Inc., d/b/a Beltman Weldling and
2
Construction (â€... More...    $0 (03-28-2014 - ID)

The Board of Trustees of the Mountain Home School District No. 193 (“Boardâ€�) appeals the district court’s denial of the Board’s request for attorney fees. This case arose when School District employee Terri Sanders claimed that the Board breached its contract with her by hiring a candidate less qualified than her for a teaching position that Sanders had also applied for. After a jury found... More...    $0 (04-07-2014 - ID)

This appeal arises from Internet Auto Rent & Sales, Inc.’s, termination of an employee, Tina Venable. Venable appeals the district court’s grant of summary judgment against her on her claim of wrongful discharge in violation of public policy and denial of her motion for reconsideration. Both Venable and Internet Auto request attorney fees on appeal.
I.
BACKGROUND
Internet Auto Rent... More...    $0 (06-17-2014 - ID)

This is an appeal from the district court’s order of attorney fees against the defendants, Aeroplanes Over Idaho (“AOI�) and Holbrook Maslen (“Defendants�), in a dispute arising from the claim of lien filed by AOI on a PT-23 Fairchild airplane (“Fairchild�) owned by the Idaho
Aviation Hall of Fame (“IAHOFâ€�) and transferred to the Idaho Military Historical Society (“IMHSâ€�)... More...    $0 (06-17-2014 - ID)

This Industrial Commission appeal deals with the extent of subrogation rights of an employer or its surety. The claimant, Rubio Izaguirre, settled with a third-party tortfeasor following a work-related automobile accident. His employer and surety asserted a right of subrogation against the entirety of that settlement, minus only a deduction for attorney fees and costs. Izaguirre argued that subrog... More...    $0 (08-30-2013 - ID)

A builder sued a homebuyer in a Utah state district court for failing to pay some charges for his home’s construction; the homebuyer counterclaimed, alleging that the construction was defective. Shortly before the Utah state court rendered a judgment, the homebuyer sued the builder in an Idaho state district court, seeking to void the builder’s allegedly fraudulent transfer of a ranch and appu... More...    $0 (01-29-2013 - ID)

were opposed to the LCO because of the potential harms to the neighboring farms and to the Minidoka National Historic Site petitioned the district court for review of the Board’s decision on remand from the district court. The district court affirmed the Board’s approval of the permit, finding in the process that four of the organizations concerned with the effects on the Minidoka National His... More...    $0 (07-06-2012 - ID)

This appeal involves a dispute over whether Capstar Radio Operating Company, (“Capstarâ€�), holds an easement over the property of Douglas and Brenda Lawrence. Capstar filed a Motion for Summary Judgment, alleging in the alternative, that an easement existed based on the theory of either an easement by implication, an easement by necessity, or a prescriptive easement. The district court filed it... More...    $0 (05-29-2012 - ID)

This is an appeal from a judgment holding that records relating to a contract executed by a county, a former county prosecuting attorney, and a city under which the prosecuting attorney would perform prosecutorial services for the city using county employees are not public records subject to disclosure under the Public Records Act. We hold that such records are public records, but in this case the... More...    $0 (01-05-2012 - ID)

Greenbriar Estates Homeowner’s Association (Greenbriar HOA or the HOA) and developer Asbury Park, LLC assert conflicting interests in a Greenbriar Estates Subdivision (Greenbriar Estates or the subdivision) lot upon which Asbury Park constructed storage facilities. The district court granted partial summary judgment in favor of Asbury Park. Greenbriar HOA appeals and asserts that the district co... More...    $0 (01-11-2012 - ID)

The issues raised on this appeal are: (1) whether the district court abused its discretion in determining that Respondent was the prevailing party for the purpose of awarding attorney fees below; (2) whether the jury verdict dismissing Appellant’s counterclaim for breach of a grazing lease was not supported by the evidence; (3) whether the district court erred in declining to grant Appellant’s... More...    $0 (11-23-2011 - ID)

Lesia Knowlton appeals the Industrial Commission’s determination that she is not entitled to workers’ compensation benefits because she failed to demonstrate that her medical symptoms were causally related to an accident that occurred during the course of her employment. We affirm.

I.

Factual and Procedural Background

During all times relevant to this appeal, Lesia Knowlto... More...    $0 (06-26-2011 - ID)

This is an appeal from a summary judgment holding that the defendants violated restrictive covenants in a commercial development. Because the district court misapplied the applicable law, we vacate the judgment.

I.

Factual Background

Jacklin Land Company (Jacklin) owned real property near Interstate 90 in Post Falls that it developed into a commercial, professional, and indust... More...    $0 (06-29-2011 - ID)

Janet Bell Nightengale brought a medical malpractice action against Dr. Kevin Timmel, an emergency room doctor who treated her in July 2007. Dr. Timmel failed to diagnose a clot in one of Nightengale’s vascular arteries. That condition cut off circulation to Nightengale’s left arm, eventually requiring its amputation above the elbow. At trial, the jury returned a special verdict finding that D... More...    $0 (07-11-2011 - ID)

This is a medical malpractice case arising from a cataract operation performed by Dr. Scott Pressman on plaintiff-appellant Franz Suhadolnik. The Suhadolniks appeal the district court’s summary judgment order in favor of Respondents based on its determination that the Appellants’ expert, Dr. Hofbauer, failed to adequately inform himself on the local standard of care. We affirm.

I.
More...    $0 (05-25-2011 - ID)

This case arises out of a construction project to improve the intersection of Maple Grove Road and Ustick Road. Thomas Curtis, D.D.S., (Dr. Curtis) and his wife owned interests in three parcels of real property located in Block 1 in the Fairbanks Subdivision, which is the northeast quadrant of the intersection. They owned Lot 19, on which was constructed a dental office. In addition, they owned an... More...    $0 (02-02-2011 - ID)

Kirby Vickers challenges the Idaho Transportation Department’s (ITD) decision to grant his neighbor, Dr. Edward Savala, a permit to expand an encroachment onto Highway 55. This permit is conditioned on Dr. Savala implementing certain additional safety features. Vickers claims that the ITD is not authorized to issue conditional-encroachment permits and that the new approach would impermissibly de... More...    $0 (02-08-2011 - ID)

David D. Smith appeals from the district court’s decision to deny his request for costs and attorney fees he incurred while compelling Washington County to issue him a residential building permit.

II. FACTUAL AND PROCEDURAL BACKGROUND

In the fall of 2006, David D. Smith, the appellant, bought an eighty-acre parcel near Midvale, Idaho. Sometime in early 2007, Smith sought a permit f... More...    $0 (10-06-2010 - ID)

This is an appeal from a judgment against a general partner for wrongful dissociation, breach of a noncompete clause, breach of the covenant of good faith and fair dealing, intentional interference with prospective contractual relations or business expectations, breach of fiduciary duties, and civil conspiracy. We vacate the judgment and remand this case for further proceedings.

I. BACKGROU... More...    $0 (10-21-2009 - ID)

This is an appeal from the district court‘s entry of judgment notwithstanding the verdict (j.n.o.v.) in favor of respondents in a medical malpractice case after the district court found that the appellants‘ expert testimony regarding causation was scientifically unreliable. Because we find that the district judge impermissibly weighed the evidence in considering respondents‘ motion and that ... More...    $0 (10-13-2009 - ID)

This is an appeal from an order permanently enjoining arbitration regarding a construction contract on the ground that the claims alleged in the arbitration were barred by res judicata. The party seeking arbitration had asserted a counterclaim for construction defects in a prior arbitration and that counterclaim had been denied by the arbitrators. The district court held that the award barred all ... More...    $0 (09-30-2009 - ID)

This appeal arises from a contract for the sale of logs to be used in the construction of a cabin. Following a bench trial, the district court concluded that Appellant Dana McCandless breached the contract by failing to deliver the logs within a reasonable time and awarded damages and attorney fees to Respondent Brenda Borah. We affirm and award attorney fees on appeal.

I. FACTUAL AND PROCE... More...    $0 (04-02-2009 - ID)

Appellants Bob and Rhonda Backman (the Backmans) seek access to their property in Bonner County via roadways that pass over land owned by Respondents Thomas and Debra Lawrence, James and Linda Spagon, Keith and Priscilla Lloyd, Bruce and Deborah Johnson, Weston Millward, Gregory and Theresa Zirwes, Christopher Bessler, Patrick and Michelle McKenna, Christopher and Susan Grant, and Kevin Schrader (... More...    $0 (05-12-2009 - ID)