REPORTED CASES

Partners of our firm have over 85 years of legal experience here in Idaho. During this time we have been involved in cases of both state and national interest. Our attorneys reported cases include the following:

The City of Coeur d’Alene v. Simpson and Beach Brothers, Inc., SUPREME COURT OF IDAHO 2005. Petition for Rehearing granted. Landowners sued the city of Coeur d’Alene to determine the constitutionality of city ordinance allowing public ingress and egress across private land to access public beaches.

Uranga v. Federated Publications, Inc., SUPREME COURT OF IDAHO, 138 Idaho 550, 67 P.3d 29 (2003); cert denied, 540 U.S. 940 (2003) Petition for Reconsideration was granted. Court found the plaintiff could not bring an invasion of privacy suit against local newspaper that published portions of the public record detrimental to a private citizen. The media may publish the public record with impunity.

Uranga v. Federated Publications, Inc., SUPREME COURT OF IDAHO, 2001 Ida. LEXIS 71 Petition for review of Appellate Court decision granted by Idaho Supreme Court. Court found plaintiff could bring an invasion of privacy suit against local newspaper that published portions of the public record detrimental to a private citizen.

Uranga v. Federated Publications, Inc., COURT OF APPEALS OF IDAHO, 2000 Ida. App. LEXIS 59 Appeal of dismissal of invasion of privacy suit brought against local newspaper to determine if it could publish portions of the public record detrimental to a private citizen.

Clearwater County by & Through Wilson v. United States Army Corps of Eng’rs, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, 1998, opinion not published. Court decided Dworshak Dam’s operation had to take into account the recreational and fish and wildlife resources to insure that the resources were conserved and enhanced.

Bruno v. First Federal Savings & Loan Assoc. of Boise, SUPREME COURT OF IDAHO, 115 Idaho 1104, 772 P.2d 1198 (1989), Rehearing denied May 16, 1989. Class action consisting of homeowners brought against savings and loan alleging unlawful assumption fees and interest.

O’Boskey v. First Federal Savings & Loan Assn. of Boise, SUPREME COURT OF IDAHO, 112 Idaho 1002, 739 P.2d 301 (1987), Rehearing denied June 11, 1987. Class action consisting of homeowners brought against savings and loan alleging unlawful assumption fees and interest.

Poss v. Meeker Machine Shop, SUPREME COURT OF IDAHO, 109 Idaho 920, 712 P.2d 621 (1985). Workers compensation case.

O’Boskey v. First Federal Savings & Loan Assn. of Boise, SUPREME COURT OF IDAHO, 106 Idaho 339, 678 P.2d 1112 (1984), Rehearing denied June 11, 1987. Class action consisting of homeowners brought against savings and loan alleging unlawful assumption fees and interest.

Thomas v. Peterson, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO, 589 F. Supp. 1139 (1984). The Forest Service’s failure to prepare an environmental impact statement in its proposed construction of a road did not violate NEPA when the forest service reasonably concluded that the construction did not significantly affect the environment.

United States v. W.H. Mosely Co., UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 730 F.2d 1472 (1984). Appeal of contract dispute between US Government and potato supplier dismissed because appeal was not ripe.

W.H. Moseley Co. v. United States, No. 56-81, UNITED STATES COURT OF CLAIMS, 230 Ct. Cl. 835 (1982). Potato supplier to US government successfully challenged denial of claim under a contract in US Court of Claims.

Idaho v. Freeman, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO, 529 F. Supp. 1107 (1981). Ratification by Idaho of Equal Rights Amendment was properly rescinded, as was any legislature’s timely rescission of a Constitutional amendment, and Congress’s attempted extension of the time for the ratification of that amendment was null and void.

Idaho v. Freeman, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO, 507 F. Supp. 706 (1981). National organization that failed to prove actual bias was not entitled to disqualification of the judge based upon the judge’s religious affiliation in an action brought by two states seeking to rescind their approval of the Equal Rights Amendment.

Hansen v. National Com. on Observance of International Women’s Year, UNITED STATES COURT OF APPEALS, NINTH CIRCUIT, 628 F.2d 533 (1980). In a Congress member’s judicial challenge to the expenditure of federal money on lobbying, the member had no standing because there were no special standing rules for Congress and he alleged nothing but generalized harm common to every citizen.

Stoddard Lumber Co. v. Marshall, UNITED STATES COURT OF APPEALS, NINTH CIRCUIT, 627 F.2d 984 (1980). Contempt order against lumber company was proper for refusal to honor Occupational Safety and Health Administration inspection warrant because sufficient evidence supported trial court finding of probable cause to issue administrative search warrant.

Wood v. Wood, SUPREME COURT OF IDAHO, 100 Idaho 387, 597 P.2d 1077 (1979). Appeal of default judgment in divorce action.

Hansen v. Morgan, UNITED STATES COURT OF APPEALS, NINTH CIRCUIT, 582 F.2d 1214 (1978). A consumer credit protection act provided for a civil remedy against the user of a credit report who failed to comply with criminal provision of act and obtained a report under false pretenses.

Marshall v. Barlow’s, Inc., SUPREME COURT OF THE UNITED STATES, 436 U.S. 307 (1978). A statute authorizing a warrantless search of a business premises to detect OSHA violations violated the Fourth Amendment.

Hansen v. Morgan, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO, 405 F. Supp. 1318 (1976). Plaintiff’s action could not be sustained where an accurate credit report was made of plaintiff’s credit rating and plaintiff was not denied the extension of credit.

State v. Pontier, Supreme Court of Idaho, 95 Idaho 707; 518 P.2d 969 (1974). A conviction for illegal possession of marijuana was proper when evidence seized from defendant’s house during a lawful search for defendant, who was believed to be hiding in the house, was admissible because it was in plain sight.

Henderson v. Cominco Am., Supreme Court of Idaho, 95 Idaho 690; 518 P.2d 873 (1973). Purchasers could not recover on products liability claim where they failed to prove that the manufacturer’s herbicide was the actual cause of the damages to their crops.

State v. Berlin, Supreme Court of Idaho, 95 Idaho 225, 506 P.2d 122 (1973). Appeal of a judgment of acquittal was subject to dismissal because it was not an appeal of an adverse ruling of the district court, thus appellate review was constitutionally precluded.

King v. State, Supreme Court of Idaho, 93 Idaho 87, 456 P.2d 254 (1969). Habeas corpus petitioner was awarded a new hearing when the habeas corpus court denied him a continuance to obtain the testimony of his trial counsel. Because the adequacy of counsel was at issue, the delay was warranted.

Precision Craft Log Structures, Inc. v. The Cabin Kit Company, Inc., et al., UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO, Case No. CV05-199-S-EJL, This is an action for copyright infringement and jurisdictional rights.

O’Boskey v. First Federal Savings and Loan Association, No. 14373, SUPREME COURT OF IDAHO, 106 Idaho 339; 678 P.2d 1112; 1984 Idaho LEXIS 453, March 19, 1984. A savings and loan could not enforce a due-on-sale clause contained in a note, upon transfer of the property when no impairment of the security was shown.

Mueller v. Auker, et al., Case No. CIV-04-399-S-BLW, UNITED STATES DISTRICT COURT OF IDAHO. This is an action for damages for deprivation of constitutional rights leading to emotional distress and mental anguish suffered by Plaintiffs, and in addition, for physical pain suffered by the Plaintiff minor when a spinal tap was performed without parental consent or medical evidence.