Idaho Issues

COVID-19 Liability and Litigation

Joint and Several Liability Reform: HB 744 (1990).

Idaho|1990

Defines the term “acting in concert,” as used in SB

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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.

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Joint and Several Liability Reform: SB 1223 (1987): Idaho Code Ann. § 6-803.

Idaho|1987

Bars application of the rule of joint and several liability

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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.

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Punitive Damages Reform: HB 92 (2003)

Idaho|2003

Limits the award of punitive damages to the greater of

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Limits the award of punitive damages to the greater of three times the award of compensatory damages or $250,000. Raises the standard for the imposition of punitive damages to “clear and convincing” evidence.

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Unchallenged

Punitive Damages Reform: SB 1223 (1987).

Idaho|1987

Requires a plaintiff to show by a preponderance of evidence

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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.

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Miscellaneous

Reforms View All »

Trespasser Liability : H.B. 658 (2018)

Idaho|2018

Provides that a possessor of any interest in real property,

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Provides that a possessor of any interest in real property, including an owner, lessee or other lawful occupant, owes no duty of care to a trespasser, except to refrain from intentional or willful and wanton acts that cause injury to the trespasser. Specifies that the legislation shall not affect the common law doctrine of attractive nuisance

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Unchallenged

Employer Reference Liability: H.B. 593 (1996)

Idaho|1996

Exempts employers from civil liability for providing employee references by

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Exempts employers from civil 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.

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Unchallenged

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Idaho Attorney General Candidate Art Macomber Prioritizes Transparency

Press Releases

Idaho candidate for state attorney general, Arthur Macomber (R), pledged to prioritize transparency and open accountability in office, the American Tort Reform Association announced today. Macomber embraced good-government principles by […]

Supreme Court’s Adoption of Novel Theories of Liability, Abusive ‘No-Injury’ Litigation, Place California atop Latest ‘Judicial Hellholes’ List

Press Releases

Supreme Court’s Adoption of Novel Theories of Liability, Abusive ‘No-Injury’ Litigation, Place California atop Latest ‘Judicial Hellholes’ List Nine Jurisdictions, Courts, and Legislatures Named Nation’s “Most Unfair” Dec. 4, 2018 […]

Phantom Damages Reform

COVID-19 Liability and Litigation

Appeal Bond Reform

Joint and Several Liability

Noneconomic Damages Reform

Punitive Damages

Miscellaneous

Latest News

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Idaho Attorney General Candidate Art Macomber Prioritizes Transparency

Supreme Court’s Adoption of Novel Theories of Liability, Abusive ‘No-Injury’ Litigation, Place California atop Latest ‘Judicial Hellholes’ List