Tuesday, January 25, 2011

Idaho Supreme Court February Docket

The Idaho Supreme Court released its February docket today. The Court will hear 14 appeals over five days at the Supreme Court building in Boise. The Court will take up a handful of criminal appeals in the next month. However, on the civil side, there are several cases that could be quite interesting.

For example Hoover v. Hunter et al is medical malpractice claim that was dismissed on summary judgment. The district court dismissed the case because the plaintiff had not generated triable issues of material fact as to whether the community standard of care had been breached by the medical practitioners. The appeal could potentially have far reaching consequences for medical malpractice plaintiffs. The appeal is even more interesting because the appellant/plaintiff is proceeding pro se.

Other cases involve the alleged breach of settlement agreements, which is an area of the law that Idaho could use more guidance on from the Idaho Supreme Court. One case will involve the Notice and Opportunity to Repair Act, a fairly new piece of Idaho legislation. In fact, an attorney with my firm handled an appeal that provided the Idaho Supreme Court with its first chance to interpret NORA. So the outcome of Perception Construction Management, Inc. v. Bell is one to watch for.

Overall, it looks like a busy month for the Court.

No comments:

Post a Comment