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$0
(03-06-2023 - ID)
Robert Martin v. City of Boise
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The law, in its majestic equality, forbids rich
and poor alike to sleep under bridges, to beg
in the streets, and to steal their bread.
Anatole France, The Red Lily
We consider whether the Eighth Amendments
prohibition on cruel and unusual punishment bars a city from
p... More...
$0
(09-04-2018 - ID)
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Mary Lou Wiser v. United States of America
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Boise, ID - Mary Lou Wiser sued the United States of America on a Federal Tort Claims Act personal injury negligence theory.... More...
$0
(08-09-2019 - ID)
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David D. Reynolds v. United States of America
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Boise, ID - David D. Reynolds sued The United States of America on a Federal To... More...
$0
(06-26-2019 - ID)
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Animal Legal Defense Fund, et al. v. Lawrence G. Wasden
District of Idaho Federal Courthouse - Boise, Idaho
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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)
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United States of America v. Theodore Pena
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Boise, ID - Meridian Man Sentenced to 12 Months in Prison for Oxycodone Distribution
Theodore Pena, 66, of Meridian, Idaho, was sentenced to 12 months in prison and three years of supervised release for distributing oxycodone. Senior U.S. District Judge Edward J. Lodge also ordered that Pena forfeit $3,200 in drug proceeds.
According to evidence presented at the entry of plea ... More...
$0
(09-06-2016 - ID)
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United States of America v. Jennifer R. Ransom
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Boise, ID - Former Executive of Nuclear Power Company Sentenced
Jennifer R. Ransom, 41, of Meridian, Idaho, was sentenced today in United States District Court to 30 months in prison followed by three years of supervised releasethe first six months of which is home confinement--for the crime of securities fraud, U.S. Attorney Wendy J. Olson announced. Senior United States District Judge... More...
$0
(01-07-2016 - ID)
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State Of Idaho v. Doris Nepa Hays
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At 11:30 p.m., Ponderay City Police Officer Brian Koch stopped Hays for exceeding the speed limit. Upon making contact, Officer Koch noticed that Hays appeared to be very nervous. He asked her questions about her nervousness and destination. Hays provided Officer Koch with her drivers license and registration, but she did not have proof of valid insurance. Officer Koch informed Hays that alth... More...
$0
(10-15-2015 - ID)
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Greater Boise Auditorium District v. Frazier
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The District is a governmental subdivision that is organized under Idaho Code section 674901 and operates in Boise. The District currently operates the Boise Centre, a convention center in Downtown Boise. The District seeks to expand operations by acquiring a new facility (hereinafter the Centre Facility) being constructed near the Boise Centre. But the District, as a governmental subdivision, is ... More...
$0
(10-15-2015 - ID)
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Sky Canyon Properties v. The Golf Club at Black Rock, LLC
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This is an appeal from the district courts denial, upon remand, of Appellants Memorandum of Attorney Fees and Costs. Appellant argues that the district court erred in ruling
2
that the court did not have jurisdiction to award fees and costs on remand. We agree with appellant and reverse.
I. FACTUAL AND PROCEDURAL BACKGROUND
In prior proceedings, this Court reversed the district c... More...
$0
(10-05-2015 - ID)
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State Of Idaho v. Kurtis Thomas Kelly
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The basic facts in this case are undisputed. A uniformed officer was dispatched around 1:30 a.m. to a bar in response to a call reporting a fight. The officer saw Kelly sitting on the sidewalk in handcuffs. The officer had the handcuffs removed and questioned Kelly. The officer determined that Kelly was intoxicated and needed to go home. One of his friends, who was sober, offered to drive Kel... More...
$0
(09-30-2015 - ID)
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State Of Idaho v. Robert Michael Williston
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Williston was arrested for felony domestic battery and attempted strangulation after his wife reported that he had slapped her, kicked her in the face, and choked her after a night of drinking. The victim suffered injuries consistent with her allegations, including significant throat trauma consistent with being choked. Pursuant to a plea agreement, Williston pled guilty to attempted strangulati... More...
$0
(09-29-2015 - ID)
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American Bank v. BRN Dev. & Taylor Eng.
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This case arises from the failed Black Rock North Development project undertaken by BRN in Coeur dAlene. BRN was formed by Marshall Chesrown, who served as CEO, to develop a high-end 325-unit residential and golf course community on the west side of Lake Coeur dAlene. The project was known as Black Rock North. American Bank was the lender for this project. The project required that BRN obtain ... More...
$0
(08-20-2015 - ID)
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State v. Azad Haji Abdullah
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On November 14, 2002, the grand jury sitting in Ada County indicted Abdullah on one count of murder in the first degree, a felony, Idaho Code sections 18-4001 to -4003; one count of arson in the first degree, a felony, Idaho Code section 18-802; three counts of attempted murder in the first degree, a felony, Idaho Code sections 18-4001 and 18-306; and one count of injury to a child, a felony, Idah... More...
$0
(08-12-2015 - ID)
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Dennis Ray Hennefer v. Blaine County School District #61
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The appellant, Blaine County School District #61 (School), appeals from a jury verdict and post-trial orders favoring the respondents, Dennis and Maryann Hennefer, the parents of Austin Hennefer, who died in a T-bone type automobile accident while performing a three-point turnabout at the instruction of Jeffrey Mecham, a School driver training instructor. The jury returned a special verdict, findi... More...
$0
(03-30-2015 - ID)
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Duane R. Mueller v. Carolyn Hill
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This is an appeal out of Bonner County from a judgment awarding damages for common law trespass and attorney fees for statutory trespass. We affirm the judgment except for $1,000 of the damages awarded and remand for the entry of an amended judgment.
I.
Factual Background.
Duane Mueller and his wife owned a 20-acre parcel of rural real property (Mueller Parcel) in Bonner County. They l... More...
$0
(02-26-2015 - ID)
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Peggy Cedillo v. Farmers Insurance Company of Idaho
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This appeal arose from an arbitration decision regarding Peggy Cedilloâs underinsured motorist insurance policy with Farmers Insurance Company of Idaho (âFarmersâ) and damages for injuries she suffered in a motorcycle accident. After the arbitrator issued his final award, Farmers provided the arbitrator evidence that Farmers had already paid Cedillo the total amount of remaining damages. The... More...
$0
(03-03-2015 - ID)
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Walter c. Minnick v. Hawley Troxell Ennis and Hawley, L.L.P.
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Walter Minnick and A.K. Lienhart Minnick, husband and wife (collectively Minnicks), brought a professional malpractice action against the law firm Hawley Troxell Ennis and Hawley, LLP (Hawley Troxell), alleging negligence in rendering services in connection with a real estate development project. On motion of Hawley Troxell for summary judgment, the district court dismissed the action as time-barr... More...
$0
(01-09-2015 - ID)
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Tracy Sales v. Stacie Peabody
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Tracy Sales brought suit against spa owner Stacie Peabody, claiming that she contracted a toe infection as a result of a pedicure performed at the spa. The district court granted summary judgment against Sales after concluding that she had failed to present sufficient evidence of causation. The district court also denied Salesâ motion for reconsideration based on the ground that she had not adeq... More...
$0
(09-19-2014 - ID)
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Samuel J. Zylstra v. State of Idaho and Boise State University
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This is an action for recovery of damages against the State of Idaho. The district court dismissed the action on motion of the State for summary judgment. We affirm.
I. NATURE OF THE CASE
This case was brought under the Idaho Tort Claims Act asserting negligence by a public university in allowing a student-athlete to return to competition after sustaining a head injury. Plaintiff, Samuel Z... More...
$0
(10-29-2014 - ID)
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Susan Latta v. C.L. Otter, "Butch"; Governor of the State of Idaho
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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 (âA marriage between a man... More...
$0
(10-07-2014 - ID)
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Mark Van v. Portneuf Medical Center, Inc.
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Mark Van appeals an adverse jury verdict on his claim against Portneuf Medical Center (PMC) for an alleged violation of the Idaho Protection of Public Employees Act, Idaho Code sections 6-2101â2109 (the âWhistleblower Actâ). The jury determined that Van engaged in activity protected by the Whistleblower Act but that the termination of his employment did not result from the protected activity... More...
$0
(08-01-2014 - ID)
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Saint Alphonsus Diversified Care, Inc. v. MRI Associates, L.L.P.
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This is an appeal out of Ada County by Saint Alphonsus Regional Medical Center from a jury verdict awarding damages totaling $52,084,513 against it for breach of contract and tortious conduct regarding MRI Associates, LLP, and its two limited partnerships that owned and operated magnetic resonance imaging scanners. The respondents also cross-appealed the $4.6 million judgment obtained by Saint Alp... More...
$0
(08-04-2014 - ID)
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Idaho Department of Health & Welfard v. Cathie Peterson
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This case arose out of the Department of Health and Welfareâs (IDHW) attempt to recover Medicaid benefits from Melvin Petersonâs estate that were paid during his lifetime. At issue is whether any part of a real estate transfer from Melvin Peterson to his daughter Cathie Peterson is subject to Medicaid recovery.
I. FACTUAL AND PROCEDURAL BACKGROUND
The relevant facts of this case are no... More...
$0
(08-13-2014 - ID)
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Reed J. Taylor v. Richard A. Riley
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This is a permissive appeal out of Ada County from an order denying the appellantsâ 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)
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Ryan Conner, et al. v. Bryan F. Hodges, M.D.
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Jami and Ryan Conner appeal the district courtâs grant of summary judgment dismissing their claims for medical malpractice, breach of contract, and loss of consortium. The Conners allege that Jami unexpectedly became pregnant due to Dr. Bryan Hodgesâ negligent performance of a bilateral tubal ligation. The district court concluded that the medical malpractice claim was barred by the two-year s... More...
$0
(08-22-2014 - id)
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William P. Teurlings v. Mallory E. Larson
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This appeal arises from an action filed against Mallory Martinez1, a National Guard member, by William Teurlings. Teurlings alleged he suffered personal injury and economic damage resulting from a vehicle collision caused by Martinezâs negligence. Martinez moved for summary judgment asserting immunity under I.C. § 6-904(4), which provides immunity to National Guard members for claims arising ou... More...
$0
(02-10-2014 - ID)
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CUMIS Insurance Society, Inc. v. Wade Massey
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This appeal arises from a negligence action filed by CUMIS Insurance Society (CUMIS), the subrogee of Icon Federal Credit Union (Icon), against Wade Massey and his business, Capitol West Appraisals (Capitol). All parties moved for summary judgment. The district court granted Masseyâs motion and dismissed CUMISâs claims after deciding CUMIS failed to establish that Massey owed a duty of care to... More...
$0
(02-10-2014 - ID)
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Clearwater REI, LLC v. Mark Boling
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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)
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William J. Waters v. All Phase Construction
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This is an appeal from the Industrial Commission in a workerâs compensation proceeding in which the Commission held that the claimant had failed to prove that symptoms occurring after his industrial accident were caused by the accident, where following his industrial accident he had been twice injured in non-industrial accidents and refused to provide the medical records regarding those injuries... More...
$0
(03-18-2014 - ID)
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Jamee Lee Wade v. Bryan F. Taylor
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This appeal arises from a Petition for Access to Public Records filed by Jamee Wade seeking the disclosure of investigatory records in the possession of the Canyon County Prosecuting Attorneyâs Office (CCPA). The district court ordered CCPA to produce the records pursuant to the request, but limited disclosure to Wade and his counsel. CCPA timely appealed. We vacate the judgment of the district ... More...
$0
(03-18-2014 - ID)
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Saint Alphonsus Diversified Care, Inc. v. MRI Associates, LLP
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This is an appeal out of Ada County by Saint Alphonsus Regional Medical Center from a jury verdict awarding damages totaling $52,084,513 against it for breach of contract and tortious conduct regarding MRI Associates, LLP, and its two limited partnerships that owned and operated magnetic resonance imaging scanners. The respondents also cross-appealed the $4.6 million judgment obtained by Saint Alp... More...
$0
(06-17-2014 - ID)
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Tina Venable v. Internet Auto Rent & Sales, Inc.
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This appeal arises from Internet Auto Rent & Sales, Inc.âs, termination of an employee, Tina Venable. Venable appeals the district courtâs 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)
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Karrin Massey v. Conagra Foods, Inc.
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This appeal arises out of a products liability case. In early June of 2007, Karrin Massey consumed at least one, but perhaps several, poultry pot pies that were manufactured by ConAgra Food, Inc. and sold under the Banquet brand name. Soon after, Karrin, who was six months pregnant at the time, developed salmonellosis. After an outbreak of salmonella was linked to Banquet pot pies, it was discover... More...
$0
(06-17-2014 - ID)
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John Gustav Block v. City of Lewiston
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John Block appeals the district courtâs grant of summary judgment dismissing his negligence and gross negligence claims against the City of Lewiston. We affirm the district court.
2
I. FACTUAL AND PROCEDURAL BACKGROUND
In 2005, Block purchased property in Lewiston, Idaho, from Jack Streibick for real estate development. Block then submitted an application to resubdivide the property ... More...
$0
(06-17-2014 - ID)
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Dennis Lyle Akers v. D.L. White Construction, Inc.
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This appeal arises from a bench trial concerning an easement and trespass dispute. David and Michelle White, and D.L. White Construction, Inc. appeal from the district courtâs judgment regarding the scope and location of the Whitesâ easement across Dennis and Sherrie Akersâ property and the district courtâs award of compensatory and punitive damages for trespass and emotional distress. We ... More...
$0
(02-07-2014 - ID)
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Melaleuca, Inc. v. Rick Foeller
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In 1999, Rick and Natalie Foeller apparently1 entered into an agreement with Melaleuca of Canada, Inc., under which the Foellers were to act as independent marketing executives in exchange for monthly commission payments. In 2008, the Foellers breached this agreement but Melaleuca continued to pay them commissions because it was unaware of the breach. Upon learning of the breach, Melaleuca sued to... More...
$0
(02-07-2014 - ID)
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