IDAHO REFORMS

Appeal Bond Reform: HB 92 (2003); Amending Idaho Code § 13-202.  Limits the amount a defendant can be required to pay to secure the right to appeal punitive damages awards to only the first of $1,000,000 of any judgment.

Collateral Source Rule Reform: HB 745 (1990): Idaho Code Ann. § 6-1606.  Permits the admissibility of evidence of collateral source payments.  Provides for awards to be offset to the extent that they include double recoveries from sources other than federal benefits, life insurance, or contractual subrogation rights.

Employer Liability Reform: HB 543 (2000); Idaho Code § 6-1607.  Protects employers from liability for acts committed by former employees after the termination of employment.  Protects employers from liability for acts committed by current employees who are off the job. 

Employer Reference Liability Reform: H 593 (1996).  Exempts employers from liability for providing employee references by creating a presumption of good faith.  The good faith presumption can be rebutted only by “clear and convincing” evidence that there was actual malice or a deliberate intent to mislead.

Good Samaritan Protection: HB 746 (1990).  Protects volunteers, officers, and directors of non-profit organizations from liability.

Government Liability Reform: SB 1524 (1988).  Amends the State Tort Claims Act to provide exceptions to government liability for government entities and their employees when acting without malice or criminal intent and without reckless, willful and wanton conduct.

Joint and Several Liability Reform: HB 744 (1990).  Defines the term “acting in concert,” as used in SB 1223 (below), as pursuing a common plan or design that results in the commission of an intentional or reckless tortious act.

Joint and Several Liability Reform: SB 1223 (1987): Idaho Code Ann.  § 6-803.  Bars application of the rule of joint and several liability in the recovery of all damages, except in cases of intentional torts, hazardous waste, and medical and pharmaceutical products.

Noneconomic Damages Reform: HB 92 (2003); Amending Idaho Code § 6-1603.  Limits the award of noneconomic damages in personal injury cases to $250,000.

Noneconomic Damages Reform: HB 574 (1990).  Removes the 1992 sunset to the $400,000 limit on non-economic damages enacted in 1987.

Noneconomic Damages Reform: SB 1223 (1987): Idaho Code Ann.  §  6-1603.  Limits the award of noneconomic damages to $400,000. Provides a sunset in June 1992.  The $400,000 cap on noneconomic damages in personal injury and wrongful death actions did not violate the right to jury trial, constitute special legislation, or violate the separation of powers doctrine under the State Constitution.  Kirkland v. Blaine County Medical Center, 4 P.3d 1115 (Idaho 2000).

Obesity Litigation Reform: HB 590 (2004); Idaho Code § 39-8701 through Idaho Code § 39-8706.  Provides a civil liability exemption for a manufacturer, packer, distributor, carrier, holder, seller, marketer or advertiser of a food or beverage, when the claim is for weight gain, obesity, a health condition associated with weight gain or obesity, or any other generally known condition allegedly caused by or allegedly likely to result from long-term consumption of food. The liability exemption does not apply if the claim is based on a material violation of state or federal law with respect to adulteration or misbranding.  The liability exemption also does not apply if the claimed injury is for any other material violation of federal or state law applicable to the manufacturing, marketing, distributing, advertising, labeling or the sale of food and that the violation was committed knowingly and willfully. In addition, provides that discovery and other proceedings shall be stayed during any motion to dismiss.

Periodic Payment of Future Damages: Idaho Code Ann. § 6-1602.  Allows for the periodic payments of future payments exceeding $100,000, except in cases involving an intentional tort, fraud, dishonesty, malice, willfulness, or gross negligence.

Punitive Damages Reform: HB 92 (2003); Amending Idaho Code § 6-1604.  Raises the standard for the imposition of punitive damages to “clear and convincing evidence.”  Limits punitive damages awards to the greater of $250,000 or three times compensatory damages.

Punitive Damages Reform: SB 1223 (1987).  Requires a plaintiff to show by a preponderance of evidence that a defendant’s conduct was “oppressive, fraudulent, wanton, malicious or outrageous” for the award of punitive damages.

Small Lawsuit Resolution: HB 627 (2002); Idaho Code § 7-1501 through Idaho Code § 7-1512.  Requires nonbinding arbitration or mediation at the request of either party, where claims amount to $25,000 or less.  Relaxed the rules of evidence in such proceedings, and limits the duration of such proceedings to three hours.  Allows an unsatisfied party to try his or her case de novo in court, but requires the appealing party to pay the other party’s costs and attorneys’ fees, if the appealing party did not improve his or her position by at least 15 percent.