The 2023 Moody v. Oregon Community Credit Union decision reshaped Oregon’s bad-faith insurance law, allowing policyholders to claim emotional distress damages under Oregon’s Unfair Claim Settlement Practices Act (ORS 746.230) without proving physical impact. This ruling has since expanded insurer
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Idaho Supreme Court Update: The Court Clarifies How to Add a Request for Punitive Damages
In Davis v. Blast Properties, Inc., the Idaho Supreme Court clarified the standard trial courts should apply when deciding whether to grant a party leave to seek punitive damages. The Court held that trial courts are not required to
Idaho Supreme Court Update: The Court’s original jurisdiction is limited, but the Legislature’s regulation of executive rulemaking is not
On January 29, 2024, the Idaho Supreme Court issued an opinion in Idaho State Athletic Commission v. Office of the Administrative Rules Coordinator. In the decision, the Court held that it does not have original jurisdiction to decide declaratory
The Mood Swings on Insurer Bad-Faith in Oregon: An Analysis of the Oregon Supreme Court Decision in Moody v. Oregon Community Credit Union
The Oregon Supreme Court has long held the legislature did not create a private right of action under the Unfair Claims Settlement Practices Act (ORS 746.230). Policyholders could bring a tort claim against their insurance company only if the insurer
Washington Supreme Court Unanimously Rejects the Apex Doctrine
In Stratford v. Umpqua Bank, No. 100717-5 (Sept. 14, 2023) (slip op.), the Washington Supreme Court rejected the application of the “apex doctrine” in Washington. The apex doctrine has been adopted by some jurisdictions to shield high-level executives and officials
Idaho Supreme Court Update: The Risks of Cross Appeals
We recently addressed the Idaho Supreme Court’s decision in 616 Inc. v. Mae Properties, LLC, No. 49190 (Feb. 8, 2023), and specifically the essential elements of a lease. The decision also includes an important appellate practice point regarding
Idaho Supreme Court Update: Attorney’s Fees in Real Estate Litigation Under Idaho Code § 12-120(3)
On February 14, 2023, the Court released a unanimous decision in Treasure Valley Home Solutions, LLC v. Chason. This post will focus on the Court’s analysis of when a real estate transaction is a commercial transaction such that attorney’s
Idaho Supreme Court Update: Idaho’s catch-all statute of limitations revokes any common law rule that a claim cannot be time barred
On January 25, 2023, the Court issued a substitute opinion in Easterling v. HAL Pacific Properties. The decision, which was decided 3-2, provides insights into the Court’s views on statutory interpretation and construction. It also addresses actions that fall
Idaho’s Supreme Court Raises New Questions About the Essential Elements of a Lease
Idaho’s Supreme Court recently issued a new opinion discussing the requirements to form a valid lease agreement. Unfortunately, the case raises as many questions as it answers.
In 616 Inc. v. Mae Properties, LLC, No. 49190 (Feb. 8, 2023)
Idaho Supreme Court Update: A trial court’s oral ruling granting an order is effective when entered; the client is ultimately responsible for complying with a trial court’s order
On January 6, 2023, the Idaho Supreme Court issued its decision in Katseanes v. Katseanes. The decision addresses the enforceability of a trial court’s oral rulings and appellate review of criminal sanctions for contempt of court.
The facts. As part