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…
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…
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…
By Lane V. Erickson, Attorney Not all tenants, or potential tenants, are healthy. Many have physical disabilities or handicaps that limit their mobility or ability to function normally. Discriminating against a tenant or potential tenant because of a disability is prohibited by both state and federal law. However, I’ve had…
By Fred Lewis In Chadwick, VA. Multi-state Electric, LLC. 159 Idaho 451 (2015) the Idaho Supreme Court held that the Claimant had failed to prove that the May 26th, 2012 caused damage to the physical structure of the body and the Claimant had failed to give the employer timely notice…
November 17, 2016 through November 27, 2016 is the National Highway Traffic Safety Administration (NHTSA)’s nationwide campaign urging motorists to buckle up and ensure that children are correctly restrained in child safety seats. Wearing a seat belt reduces the risk of a fatal injury by 45%. Seat belt use reduces…
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…
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…
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…
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.…