A 63 year-old woman from Clayton, Idaho was killed on November 1, 2016 when her 1999 Subaru crossed the centerline of Highway 75 and struck a 2010 Kenworth pulling trailers hauling 10,000 gallons of diesel fuel. The Kenworth rolled, rupturing the fuel tanks. The trailers were fully engulfed. The North…
By Lane V. Erickson, Attorney As an estate planning attorney I find that people most often fail to get their estate planning done because they don’t know where to begin. I feel that my job as an estate planning attorney is to help people get on the right path to…
By Lane V. Erickson, Attorney Generally, owners and occupiers of land or residential premises in Idaho will be under a duty of ordinary care under the circumstances towards invitees who come upon their leased premises. Essentially this means that the tenant is required to keep a place safe for all…
By Lane V. Erickson, Attorney Most employees and employers have heard of the Family and Medical Leave Act (FMLA) but most people don’t understand what it is or how it works. In summary, the FMLA provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. What…
By Lane V. Erickson, Attorney During my work as an employment law attorney I often have employers ask whether the Fair Labor Standards Act (FLSA) applies to those employees they have who receive and are paid through tips. The purpose of this post is to identify and describe the requirements…
By Lane V. Erickson, attorney Most often when people hear about the landlord tenant relationship they focus on the obligations of the tenant. It’s important to understand that the landlord also has obligations. Most of these obligations are set forth in plain language in a written lease agreement. However there…
By Lane V. Erickson, attorney Almost everyone I talk to claims to know what a Simple Will is. However, when asked to describe what goes into a Simple Will or what statements are made in one, very few people actually know. I don’t ask this question to make people feel…
Randy Budge and T.J. Budge gave presentations at the 33rd Annual Water Law and Resource Issues Seminar of the Idaho Water Users Association. Randy presented on November 4 on the “Idaho Ground Water Appropriators/Surface Water Settlement.” T. J. presented on November 3 on the “Idaho Ground Water District Law.”
By Fred J. Lewis On June 8, 1992 the Idaho Supreme Court filed their decision in the case Osick v. Public Employee Retirement System of Idaho, 122 Idaho 457, 835 P. 2d 1268 (1992). Mr Osick was an employee of the Ada County Highway District from 1959 until he was…
By Matthew P. Stucki A couple of concepts that are often confusing for many clients deal with: 1) the difference between separate property and community property, and 2) how separate property of an individual is distributed upon his or her death if he or she does not have a Last…