[CLBS] Under the heading of stare decisis be damned

[rgreenwood at greenwoodlaw.com]

For those who occasionally get involved in litigation where attorney fees are awarded under state law.  In case you missed it, the Idaho Supreme Court has announced that an award of fees under I.C. Sec. 12-121 will no longer require a showing that the case was "brought, pursued or defended frivolously or without foundation.”  Rather, the plain meaning of the statute will control and prevailing parties in civil litigation have the right to be made whole for attorney fees they have incurred “when justice so requires.” This new rule of law will become effective on March 1, 2017, and will have prospective effect, applying to all cases that have not become final as of that date.  Hoffer v. Shappard, No. 42087, 2016 WL 5416325, at *15 (Idaho Sept. 28, 2016).