Coeur d'Alene Law Firm Blog

WHAT DOES AN ACCIDENT RECONSTRUCTION EXPERT DO?

Motor vehicle collisions can be the center of attention in both criminal cases and civil cases. In order for a judge or jury to determine fault or liability for a collision, it is first necessary to determine how the collision occurred. Three sources of information can be used by the court to make this determination: 1. The testimony of witnesses … Learn More

CAN INSTITUTIONS BE SUED FOR THE MOLESTATION OF CHILDREN BY ITS EMPLOYEES?

News stories regarding the Penn State University sex abuse scandal have raised questions concerning the circumstances under which an institution can be liable for money damages for sex abuse committed by one of its employees. This is an important question because, oftentimes, the individual offender does not have assets sufficient to pay any monetary damage award. Generally, an institutional defendant … Learn More

CAN I BE PROSECUTED FOR A CRIME IF THE POLICE FAILED TO READ ME MY RIGHTS?

Through movies, television and news stories, most people are vaguely aware that there is some law requiring police officers to “read criminal suspects their rights.” But what exactly does that mean, and what are the consequences if the police fail to do so? The rights referred to are those required by the “Miranda warning”: “You have the right to remain … Learn More

NEW RULES FOR BUSINESSES UNDER THE AMERICANS WITH DISABILITIES ACT

Most publicly accessible properties, including stores, offices and shops, will be affected by the new federal regulations promulgated under the Americans with Disabilities Act (ADA). These new rules, which go into affect March 15, 2011, include both general rules that apply to private places of accommodation, as well as specialized rules which apply to specific facilities such as hotels and … Learn More

IS THE STATE LIABLE FOR INJURIES TO CHILDREN IN FOSTER CARE?

Recent news reports concerning two foster parents charged with felony child abuse raise questions about the potential liability of the State of Idaho for injuries to children in foster care. In 2006 the Idaho Supreme Court ruled that the Department of Health and Social Services had a duty investigate reports of suspected child abuse. The case of Reese v. State … Learn More

$7 MILLION JURY VERDICT IN LIBEL CASE

An Alabama jury has awarded $7 million to an Iranian owner of a Toyota dealership whose competitor told customers the Plaintiff funded terrorism, and that buying a car from him amounted to killing American soldiers. Libel and slander are the two types of defamation cases. Libel refers to written defamatory statements, whereas slanderous statements are verbal ones. For a person … Learn More

WHAT HAPPENS AT THE READING OF THE WILL

Fans of old movies will doubtless recall numerous scenes in which the lawyer reads aloud the Will of a recently deceased person. In reality, this is simply a dramatic device used in films but absent in real life. Under Idaho law, a Will must be formally admitted to probate by the filing of a Petition in the District Court in … Learn More

IS A VERBAL CONTRACT ENFORCEABLE?

One often hears the humorous expression, “An oral contract is not worth the paper it’s written on.” But must all contracts be in writing in order to be enforceable? An Idaho statute deals with this precise question. Idaho Code Section 9-505 provides that the following types of contracts must be in writing to be enforceable: 1. An agreement that by … Learn More

CARRYING A CONCEALED WEAPON IN IDAHO

Idaho law makes it a crime to carry a concealed weapon unless the carrier possesses a concealed carry permit or is carrying the weapon at his place of residence or business (I.C. 18-3302(7).  Carrying a weapon without a permit is permitted as long as the weapon is clearly visible. A concealed weapons permit is obtained by applying to the local … Learn More

JURY AWARDS $65.4 MILLION TO AUTO DEALERSHIP

The former owner of an auto dealership was been awarded $65.4 million for fraud committed by the purchaser of the dealership. The judgment was also assessed against the bank that loaned the purchasers money to purchase the dealership. Steve Rouse sold an automobile dealership to two persons who used Texas Capital Bank to obtain financing for the cars to be … Learn More