Author: ccarns

Hon. Jesse Walters Exemplifies Passion for Learning

By Lindsey M. Welfley Hon. Jesse R. Walters, Jr. - 2019 Idaho State Bar Distinguished Jurist An Idaho native through and through, Justice Walters was born in Rexburg in 1938 and graduated from Idaho Falls High School in 1957. The…

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Community Commitment Drives Bill Gigray

By Lindsey M. Welfley William (Bill) Gigray is a Caldwell native and has been a longstanding positive force in his local community for decades. Bill grew up around the legal profession; his late father, William Gigray, Jr., was a member…

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Idaho’s Great Outdoors Inspire Jeff Fereday

By Lindsey M. Welfley Jeffrey C. Fereday - 2019 Idaho State Bar Distinguished Lawyer Over nearly 40 years in law practice, Jeffrey Fereday has fashioned a distinguished career in water rights, natural resources, and environmental law. Growing up in Boise,…

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Rob Chastain Embodies Small-firm Excellence

By Lindsey M. Welfley Robert R. Chastain - 2019 Idaho State Bar Distinguished Lawyer Robert Chastain grew up in Boise and is a tried and true Idahoan. Chastain attended Borah High School and played baseball before attending Boise State University…

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A Brave New Telehealth World

By Christina Mott Hesse Utilization of telehealth services is on the rise, particularly as health systems—and especially those serving rural populations—are thinking beyond the traditional, literal walls of their facilities. Telemedicine increases appropriate and timely access to medical services, especially…

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Enforcing the “Benefit” Part of Benefit Corporations

By Kelsey J. Nunez Throughout the world, for-profit entities are declaring their commitment to “using business as a force for good”TM [i] and matching their ability to generate profits with their desire to create social and environmental benefits. Businesses led…

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Whose Claim Is It? Judicial Estoppel in Post-Bankruptcy Claims

By Kevin A. Griffiths Introduction Declaring bankruptcy requires a disclosure of all of your “assets,” and this requirement is broad, necessitating the identification of lawsuits both actual and potential.  Failing to identify pending lawsuits—or, on the more difficult front, potential…

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Default and Default Judgment in Idaho

By D. Andrew Rawlings The situation is familiar.  Your client has filed a claim in a lawsuit.  The other party has been served.  The time to respond has passed.  But the other party has not responded.  Reflexively, legal practitioners seek…

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Navigating Your First Used Car Case

By Leland K. Faux As an attorney primarily practicing in the area of consumer protection, I frequently handle cases involving used car sales and Idaho’s lemon law.  Nearly as frequently, I hear of other attorneys declining to take on those…

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President’s Message: Answering the Inevitable “Why?”

By Hon. Michael J. Oths “Why did you want to run for the Bar Commission?”  I’ve been asked this question many times over the last two years, including by my fellow Commissioner with a similar first name.  My answer to…

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