Articles Posted in Idaho

The Idaho Court of Appeals affirming the dismissal of a legal malpractice case against a Sandpoint attorney who bought the cause of action against him through bankruptcy proceedings.

The case was a complete mess. The client went bankrupt, but the trustee continued to pursue the case. The underlying case did not sound too impressive: the lawyer was accused of failing to properly prepare a counterclaim and properly plead fraud or request punitive damages.

The family of a man killed in an Idaho trucking accident sued 4-Bros Dairy, alleging negligence. The man was delivering apples to the dairy last year when a 40-foot pile of decomposing livestock feed fell on his truck as he parked next to it. 4-Bros Dairy has already paid a $1,700 Occupational Safety and Health Administration fine over the incident.

Some of the worst truck accident cases our lawyers have handled involve accidents to truck drivers who are injured not in a moving vehicle, but tangentially to their operation of a truck.

The University of Idaho wants to open a law school in Boise before Concordia University does. The dean of the law school, Donald L. Burnett Jr., is telling the Idaho Board of Education that the University of Idaho Law School cannot remain competitive if it stays exclusively at the Moscow campus in northern Idaho.

The Chinese are right about this free market economy stuff. Certainly, law students in Idaho would find it convenient to have an option in Boise. Competition is seeing that it does.

Aided by what I think is the second highest personal injury jury award in Idaho history (there was a $30 million dollar malpractice award in 1999) the average personal injury award in Idaho was $429,119, according to Jury Verdict Research that complied data from 2000-2006. Before Idaho personal injury lawyers and their clients overestimated the actual value of injury cases in Idaho, this number deflates dramatically when using the median instead of the average personal injury verdict. The median verdict is $17,000. Idaho personal injury plaintiffs obtained a recovery in 56% of the cases that went to trial during this same time period.

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