ITLA FYI

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Speaker Spotlight: Jeremiah Hudson & Angie Perkins

Posted by: Avery Roberts on Mar 5, 2021

 
 

You learn a lesson from each case you take and sometimes you learn a few. ITLA Members Jeremiah Hudson and Angie Perkins will discuss their experience dealing with multi-plaintiff litigation and almost-adult clients on Friday, March 12th as part of the ITLA Spring Seminar Series.
Jeremiah Hudson's legal practice focuses on representing plaintiffs in complex employment and personal injury litigation, as well as civil rights litigation. Prior to forming Fisher Hudson Shallat, Jeremiah was an attorney and co-owner of Fisher & Hudson. During law school, he gained substantial experience in arguing complex cases while an intern in the Maricopa County Prosecutor’s juvenile sex crimes division. During his free time, Jeremiah enjoys hiking, skydiving, spending time with his family, and driving his ‘75 Toyota Land Cruiser.

Angie Perkins is a graduate of Concordia University School of Law. Prior to law school, she received a graduate degree in writing from Eastern Washington University, and an undergraduate degree in Literature from Seattle Pacific University. She grew up in Parma, Idaho. Angie started her legal career at Fisher Rainey Hudson and has since opened a solo law practice where she litigates civil rights cases primarily in the area of education. She lives in Boise with her husband, Matt, her daughter Harlow, and her black lab, Hadley. 
 
Register for Multi-Plaintiff Litigation and the Almost Adult Client for just $29. 
REGISTER
 

Legislative Update - Week Eight

Posted by: Avery Roberts on Mar 3, 2021

 
 
The Senate Commerce & Human Resources Committee voted yesterday to hold both UIM bills in Committee. This motion was made before either bill was introduced or explained despite many people signed up to testify on the bills.  Citizens were there to tell their own stories and highlight the unfairness of UIM offset. This is only a minor setback and we will continue the push for a hearing on these bills or a compromise of the two. 
 
Please reach out to the sponsors of S 1118 and let them know how important this bill is and how much we appreciate their efforts.
Senator Peter Riggs
Senator Kelly Anthon
Representative Jason Monks
Representative Bruce Skaug
Representative James Ruchti
Representative Rod Furniss
(208) 332-1338
(208) 332-1305
(208) 332-1036
(208) 332-1178
(208) 332-1031
(208) 332-1056
Please keep the pressure on and let the Committee know your thoughts on their inaction of these bills. 
Chair Jim Patrick (R 25)
Vice-Chair Mary Souza (R 4)
Fred Martin (R 15)
Todd Lakey (R 12)
Jim Guthrie (R 28)
Jeff Agenbroad (R 13)
Peter Riggs (R 3)
Janie Ward-Engelking (D 18)
Grant Burgoyne (D 16)          
(208) 332-1318
(208) 332-1322
(208) 332-1407
(208) 332-1328
(208) 332-1348
(208) 332-1329
(208) 332-1338
(208) 332-1412
(208) 332-1411
You may contact your legislators directly by linking to them above or by calling  208.332.1000 or 800.626.0471 and leaving a message for the committee in general or a particular legislator.  You may also send a message here:  https://legislature.idaho.gov/legislators/contactlegislators/
 
Please remember to send us a copy of your message so that we can follow up with the legislators.
 
Senate Bill 1118 requires underinsured motorist coverage to be excess coverage.  This bill was introduced by Senator Peter Riggs and will be receiving a hearing in the Senate Commerce and Human Resources Committee.  Co-Sponsors of the bill are Senators Riggs (R 3) and Kelly Anthon (R 27) and Representatives Rod Furniss (R 35, Jason Monks (R 22), James Ruchti (D 29), and Bruce Skaug (R 12).  Please continue to let the Committee know how important it is to pass S 1118.
 
Here is the link to the bill:
https://legislature.idaho.gov/sessioninfo/2021/legislation/S1118/
 
Senator Guthrie has introduced a competing bill – SB 1129 – which would allow stacking ONLY if you have a policy under $50k.  This alternate bill is horribly discriminatory to those who have more than the minimum coverage.  The industry is acknowledging the problem but their bill is limiting.  
 
Here is the link to the limiting bill:
https://legislature.idaho.gov/sessioninfo/2021/legislation/S1129/
 
The language of the bill:
 
                41-2503. DEFINITIONS AND APPLICATION. (1) For the purposes of uninsured motorist coverage, the term "uninsured motor vehicle" shall, subject to the terms and conditions of such coverage, be deemed to include an insured motor vehicle where the liability insurer thereof is unable to make payment
with respect to the legal liability of its insured within the limits specified therein because of insolvency.
                (2) For purposes of underinsured motorist coverage, subject to the further definitions, terms, and conditions of such coverage, the term "underinsured motor vehicle" means a motor vehicle that is a self-insured motor vehicle, or a motor vehicle that is covered by a policy of motor vehicle liability insurance or an indemnity bond, with limits for bodily injury or death at least equal to those limits set forth in section 49-117, Idaho Code.
                (3) With respect to policies issued or renewed on or after July 1, 2021 "underinsured motor vehicle coverage" means excess coverage in addition to the insufficient coverage of the tortfeasor, and such underinsured motor vehicle coverage limits may not be reduced by amounts paid by the tortfeasor's
coverage or any other coverage. The covered insured may not recover from the available underinsured motor vehicle policy or policies an amount greater than the total legal liability of the tortfeasor or the applicable limits of the underinsured coverage, whichever is less. This subsection shall not apply with respect to motor vehicle insurance policies in effect before July 1, 2021 The department of insurance is authorized to promulgate rules to implement and enforce the provisions of this subsection.
                (4) Except as provided in subsections (1) and (2) of this section, the terms and conditions of any policy of motor vehicle liability insurance providing uninsured motorist coverage or underinsured motorist coverage are not altered or amended.
 

Legislative Update - Week Seven

Posted by: Avery Roberts on Feb 24, 2021

 
 
The seventh week of the 2021 Idaho Legislative Session has brought forth a flurry of activity. Late last week a competing UIM bill was introduced that is supported by the insurance industry.

We are grateful Idaho insurance providers have finally recognized the unfair and unjust practice of offsetting a person's UIM coverage. However, the competing bill, SB 1129, only offers a partial fix to the offset problem. This bill would only require excess coverage when a person's UIM policy is “two times the minimum limits set forth in §49-117(20)”. This simply gives the first $25k to those who only have $25k in UIM.
 
Both bills are currently scheduled to be heard Tuesday, March 2nd at 1:30 p.m. MST in the Senate Commerce & Human Resources Committee. 

We need you to double-down. Please phone or email the Senate Commerce and Human Resources Committee to support Senator Rigg's bill, SB 1118. Be sure to let us know the opinion of the legislator you have connected with.

Here are the ways that you can help:

Contact Members of the Legislature 
A list of the Senate Commerce & Human Resources Committee Members can be found below and a complete list of the members of the Idaho Legislature can be found here. 
 
Sen. Jim Patrick, Chairman 
(208) 332-1318
JPatrick@senate.idaho.gov

Senator Mary Souza, Vice Chairman
(208) 332-1322
MSouza@senate.idaho.gov

Senator Fred Martin
(208) 332-1407
FMartin@senate.idaho.gov

Senator Todd Lakey
(208) 332-1328
TLakey@senate.idaho.gov

Senator Jim Guthrie
(208) 332-1348
JGuthrie@senate.idaho.gov

Senator Jeff Agenbroad
(208) 332-1329
JAgenbroad@senate.idaho.gov

Senator Peter Riggs
(208) 332-1338
Riggs@senate.idaho.gov

Senator Janie Ward-Engelking
(208) 332-1425
JWardEngelking@senate.idaho.gov

Senator Grant Burgoyne
(208) 332-1409
GBurgoyne@senate.idaho.gov

Amplify our Message
We have begun sharing information and updates on our social media platforms like Facebook and Twitter. Liking, sharing, and commenting on these posts will help spread our message, especially sharing on your platforms.
 
Client Advocacy
Your clients are the most impacted by offset provisions in UIM coverage. Client stories play a critical role in illustrating to the legislators just how Idaho law impacts their lives. If you are or have represented clients that have been impacted by the offset provision, please ask them if they could share their story. There are a variety of ways you and your clients can contact legislators, from writing a letter to testifying to a committee. We are more than happy to guide you and your client through this process. 
 
As always, we appreciate your willingness to be a part of this work. Please give us a call at (208) 345-1890 or send an email to itla@itla.org if you have any questions.
 

Speaker Spotlight: Christy Heiskala & Jessica Pride

Posted by: Avery Roberts on Feb 18, 2021

 
Navigating the legal process presents unique challenges for survivors of trauma. Christy Heiskala and Jessica Pride of The Pride Law Firm will discuss delivering trauma-informed services and creating a supportive process from intake to resolution Friday, February 26th as part of the ITLA Spring Seminar Series.
Christy Heiskala is a survivor advocate at The Pride Law Firm. Christy was determined to work with survivors of sexual assault and their families after her personal experience with the criminal and civil justice processes. Christy received Certified Victim Advocate training through the Department of Justice Office for Victims of Crime Technical Training and Assistance Center (OVTTAC). Christy received training from the Center for Community Solutions to become a sexual assault counselor certified by the California Office of Emergency Services (CalOES) and served as a sexual assault response team (SART) advocate.

Jessica Pride is the managing attorney at The Pride Law Firm and has been fighting for survivors of sexual assault, child sexual abuse, and sexual harassment in civil court for over a decade. Jessica uses a holistic approach to working with survivors to build strong plaintiffs and solid cases. Jessica co-founded the Sexual Assault Litigation Group of the American Association for Justice. Jessica was the first in San Diego to hire a full-time in-house survivor advocate. Jessica serves the survivor community as the President of the Board of Directors of the Center for Community Solutions, a local domestic violence and rape crisis center, since 2017.
 
Learn important tools to lessen those challenges by creating trauma-informed processes at your practice. Register for Trauma-Informed Lawyering for just $29. 
REGISTER
 
 

Legislative Update - Week Six

Posted by: Avery Roberts on Feb 17, 2021

 
 
The Idaho Legislature is in its sixth week of business. Earlier this week, Senator Peter Riggs introduced legislation that would end the unfair and unjust practice of offsetting a person's UIM coverage when they are in a catastrophic collision. 
 
We believe SB 1118 will help injured Idahoans and are supporting this legislative effort brought forth by Senator Riggs and his co-sponsors.  As with all our legislative advocacy, our voices are stronger together.

Please consider taking action to support this legislation. Here's how you can help:

Client Advocacy
Your clients are the most impacted by offset provisions in UIM coverage. Client stories play a critical role in illustrating to the legislators just how Idaho law impacts their lives. If you are or have represented clients that have been impacted by the offset provision, please ask them if they could share their story. There are a variety of ways you and your clients can contact legislators,  from writing a letter to testifying to a committee. We are more than happy to guide you and your client through this process. 

Contact Members of the Legislature 
SB 1118 will first be heard in the Senate Commerce & Human Resources Committee. Although it does not have a hearing date set, it is not too early to contact members of the committee, and legislators you know, urging them to support SB 1118. A list of the Senate Commerce & Human Resources Committee Members can be found below and a complete list of the members of the Idaho Legislature can be found here. 
 
Sen. Jim Patrick, Chairman 
(208) 332-1318
JPatrick@senate.idaho.gov

Senator Mary Souza, Vice Chairman
(208) 332-1322
MSouza@senate.idaho.gov

Senator Fred Martin
(208) 332-1407
FMartin@senate.idaho.gov

Senator Todd Lakey
(208) 332-1328
TLakey@senate.idaho.gov

Senator Jim Guthrie
(208) 332-1348
JGuthrie@senate.idaho.gov

Senator Jeff Agenbroad
(208) 332-1329
JAgenbroad@senate.idaho.gov

Senator Peter Riggs
(208) 332-1338
Riggs@senate.idaho.gov

Senator Janie Ward-Engelking
(208) 332-1425
JWardEngelking@senate.idaho.gov

Senator Grant Burgoyne
(208) 332-1409
GBurgoyne@senate.idaho.gov

Amplify our Message
We have begun sharing information and updates on our social media platforms like FaceBook and Twitter. Liking, sharing, and commenting on these posts will help spread our message, especially sharing on your platforms.
 
We need your help to ensure the passage of SB 1118 into law.  As always, we appreciate your willingness to be a part of this work. Please give us a call at (208) 345-1890 or send an email to itla@itla.org if you have any questions.
 

Centre for Neuro Skills: Complimentary CLE Presentation

Posted by: Avery Roberts on Feb 11, 2021

 
 
 

Legislative Update - Week Five

Posted by: Avery Roberts on Feb 10, 2021

 
 
The Idaho Legislature is in its fifth week of business. Bills are beginning to arrive in the Governor's office, the last step in the process of becoming law.

The process of creating law in the legislature contains six approval hurdles. The first, a bill draft is presented as an RS (routing slip) to a House or Senate committee asking for the draft to be printed as a bill. In the brief print hearing, the draft sponsor speaks to the bill language but members of the public are not able to testify and bill language is not publicly available. If members of the committee agree for the bill to be printed, it is then assigned a bill number, is assigned to a germane committee, and the bill is available to the public for review.  A list of 2021 Legislation by Bill Number can be viewed here.

The assigned committee will typically have a public hearing on the bill.  Lobbyists, members of the public, elected officials, and government agencies are able to testify on the merits of the bill.  The committee has several options when dealing with the bill such as holding the bill in committee, returning the bill to the sponsor, sending the bill to the amending order for edits, and most frequently, sending the bill to the floor (of the House or Senate whichever body originated the bill) with a "do pass recommendation”. 

Once the bill is out of the committee, the full body of the House or Senate will debate and vote on the merits of the bill. If the bill receives a majority vote in favor, the bill is transmitted across the rotunda to the other body. 
 
The bill is subsequently assigned to a germane committee where it may receive a hearing where public testimony may again be heard. If the committee sends it to the full body, they will hear the bill and vote on the merits. If a bill receives a majority vote in the second body, the bill is transmitted for the signature of the Governor. 

The Governor has the opportunity to review the legislation and may sign the bill into law, allow the bill to become law without signature, or veto the bill. If the Governor vetoes a bill, it returns to the House and Senate where the body has an opportunity to override the veto with a two-thirds majority vote of both bodies.

A more detailed explanation of how a bill becomes law in the Idaho Legislature can be found here and a more rockin' explanation of legislative processes can be seen here. 
 
We need your help all along the way to let the legislators and the Governor know if a bill will make good law or bad law. The legislators rely heavily on you, as practitioners of the law, to help them understand the bills and suggest ways to improve the legislation. 

As always, we appreciate your willingness to be a part of this work. Please give us a call at (208) 345-1890 or send an email to itla@itla.org if you have any questions.
 

Self-Paced Online Seminars

Posted by: Avery Roberts on Feb 9, 2021

 
Have you checked out our catalog of online self-paced webinars?

With thirteen titles and counting, you can earn CLE credit from your office, home, or boat. You may start and stop the program at your convenience, continue where you left off, and review supporting materials as often as you like.

The catalog includes presentations from the Summer Seminar Series and the Fall Forum. With popular installments including David Ball Returns to Idaho: Reptile 2020, Secrecy in Civil Litigation: Best Practices and Strategies to Fight Secrecy from Discovery Through Settlement, and Top 10 Legal Writing Issues and Solutions.

Don't wait, these pre-recorded programs will only be available for a limited time. Check out our self-paced online seminar catalog today.
 
Course Catalog
 

Speaker Spotlight - Judge Gabiola

Posted by: Avery Roberts on Feb 4, 2021

 
 
The 2021 ITLA Spring Series will kick off with a perspective from the bench Friday, February 12th. The Honorable Judge Javier Gabiola will discuss the do's and don'ts of effective motions practice. 

Don't forget, from now until February 12th, you can register for the complete six-part series, submitted to the Idaho State Bar for six CLE Credits, for just $99. You can also register individually for each presentation for just $29.

Learn more about Judge Gabiola below and check out the complete series schedule here.
Judge Javier Gabiola was raised in the “Back 40” of rural Kuna, Idaho, home of the Kuna Kavemen. After graduating high school in 1989, he became a member of the brave and bold Vandal Tribe at the University of Idaho, receiving a degree in Political Science and subsequent law degree. After graduating law school, Judge Gabiola left the Palouse and returned to the Treasure Valley to practice law for a few years. He later relocated to Pocatello and worked on personal injury cases for 23 years. Judge Gabiola retired from Cooper & Larsen in February 2020 after he was appointed to the bench in the Sixth Judicial District by Governor Brad Little.

When not on the bench, Judge Gabiola spends as much time as he can throwing amalgams of bird feathers and hair to wild trout at super-secret water venues of beautiful East Idaho.
 
Take advantage of this opportunity to hear from a recently appointed district judge. Reserve your spot for the ITLA Spring Seminar Series.
 
REGISTER
 

Legislative Update - Week Four

Posted by: Avery Roberts on Feb 3, 2021

 
 
The Idaho Legislature is now in its fourth week of business. Bills are continuing to be printed and heard in committees. As the legislative session continues, we invite you and your clients to be a part of the legislative process.

As a trial lawyer, you see first-hand how Idaho laws impact your clients and their ability to seek justice. When a client walks through your doors, they are oftentimes seeking more than monetary compensation. They want to hold wrongdoers accountable and prevent others from being harmed.

Your client's story can play a critical role in preventing legislation that would limit access to the justice system and promoting changes that strengthen their constitutional rights. Sharing their story can also help to empower your client and strengthen your relationship with them. Personal stories help put a face and name to the abstract process of creating law. From writing a letter, to calling their representatives, and testifying to a legislative committee there are many ways for your client to have their voice heard.

Trial lawyers are trusted by their clients to help them navigate the legal system. Similarly, we are here to help you and your clients navigate the legislative process in Idaho. In the coming weeks as we work to introduce pro-civil justice legislation and oppose legislation limiting access to the courts, consider if you or your client have a story that helps illustrate the impact these changes may have.

Here are some helpful links to follow and better understand the legislative process: As always, we appreciate your willingness to be a part of this work. Please give us a call at (208) 345-1890 or send an email to itla@itla.org if you have any questions.
 
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