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   State Courts - Idaho - February 22 - February 27, 2007

  
Mannos v. Moss, Docket No. 31958, 2007 Opinion No. 34, SUPREME COURT OF IDAHO, February 22, 2007, Filed
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Overview: Court erred by granting summary judgment to stock sellers on a buyer's fraud claim, Idaho Code § 30-14-509, because they conceded that the financial statement did not disclose an obligation to a creditor, and it was disputed as to whether information explaining the discrepancy was made available to the buyer prior to completion of the transaction.

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Mercy Med. Ctr. v. Ada County, Docket No. 32729, 2007 Opinion No. 32, SUPREME COURT OF IDAHO, February 22, 2007, Filed
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Overview: Hospital's request to the Medical Indigency Pre-Litigation Screening Panel was proper under Idaho Code §§ 31-3551 and 31-3553 as the Board of Ada County Commisioners' decision denying an application for medical indigency benefits dealt with resources. Under Idaho Code § 31-3554, hospital filed petition for review before expiration of time period.

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Norton v. Cal. Ins. Guar. Ass'n, Docket No. 31558, 2007 Opinion No. 33, SUPREME COURT OF IDAHO, February 22, 2007, Filed
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Overview: District court properly modified arbitration award between driver and insurance guarantee association where arbitrator ruled on matter not submitted by entering an award against the association; under Idaho Code § 7-913(a)(2), it preserved issues submitted while affecting issue of association's liability, which was not submitted for arbitration.

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Dilulo v. Anderson & Wood Co., Docket No. 32499, 2007 Opinion No. 38, SUPREME COURT OF IDAHO, February 23, 2007, Filed
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Overview: An Idaho Industrial Commission decision that an employee was not entitled to further medical treatment for back injuries caused by a backhoe accident was supported by substantial evidence because the employee's medical evidence did not indicate that his injuries required present medical treatment, as required under Idaho Code Ann. § 72-432(1).

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Piske v. Freeman, Docket No. 31816, 2007 Opinion No. 35, SUPREME COURT OF IDAHO, February 23, 2007, Filed
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Overview: Appeal was dismissed in access easement dispute because supreme court did not have a final judgment before it since, after filing of appeal and briefing in case, district court entered an amended decision as to the width of the easement, and no amended notice of appeal was filed. Thus, supreme court did not have final judgment briefed and argued.

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Sons & Daughters of Idaho, Inc. v. Idaho Lottery Comm'n, Docket No. 32218, 2007 Opinion No. 36, SUPREME COURT OF IDAHO, February 23, 2007, Filed
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Overview: Idaho Lottery Commission's finding that nonprofit organizations failed to keep and account for all checks from games in violation of Idaho Code § 67-7709(1)(b) was proper. In violation of Idaho Code § 67-7711(3), organizers were being compensated and equipment provider was conducting games. Statutes were not vague under Idaho Const. art. III, § 16.

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Wichterman v. J. H. Kelly, Inc., Docket No. 32526, 2007 Opinion No. 37, SUPREME COURT OF IDAHO, February 23, 2007, Filed
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Overview: Employee's claim for impairment and disability benefits was time barred under Idaho Code § 72-706. The finding that the employee failed to meet his burden of proving causation was supported by substantial and competent evidence. Employer was awarded attorney fees and expenses under Idaho App. R. 11.1 where the employee engaged in wrongful conduct.

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Ransom v. Topaz Mktg., L.P., NO. 32146. Ref No. 07RH-5, SUPREME COURT OF IDAHO, February 26, 2007, Decided
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State v. Al-Sadoun, No. 32047, Ref. No. 06R-65, SUPREME COURT OF IDAHO, February 27, 2007, Decided
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State v. Mann, NO. 32214. Ref. No. 07R-244, SUPREME COURT OF IDAHO, February 27, 2007, Decided
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