[CLBS] Under the heading of stare decisis be damned

[Jeff Rolig]

So what's the over/under bet on the number of appellate decisions it will 
take to define the parameters of "when justice so requires"???

----- Original Message ----- 
From: <rgreenwood at greenwoodlaw.com>
To: <clbs at admws.idaho.gov>
Sent: Tuesday, October 25, 2016 11:24 AM
Subject: [CLBS] Under the heading of stare decisis be damned


>
>
> 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).
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