The Subrogation Strategist

In Safeco Ins. Co. of Ill. v. LSP Prods. Grp., 2022 U.S. Dist. LEXIS 139566, the United States District Court for the District of Idaho (District Court) considered whether the plaintiff's tort claims against the manufacturer of an allegedly defective toilet water supply line were barred by the economic loss rule. The defendant filed a motion for summary judgment arguing that, since the supply line was a part of the home when the plaintiff's insureds purchased it, the plaintiff was barred by the economic loss rule from bringing tort claims against the manufacturer. The District Court granted the defendant’s summary judgment motion, ruling that the supply line was a part of the home, which was the subject of the transaction, at the time it was purchased. Thus, the District Court held that the economic loss rule barred the plaintiff’s tort claims.Continue Reading

In Griffin v. Ste. Michelle Wine Estates Ltd., No. 47703, 2021 Ida. LEXIS 127, the Supreme Court of Idaho considered whether an Italian wine bottle manufacturer’s contacts with Idaho were sufficient under the Due Process Clause of the United States Constitution to permit the exercise of personal jurisdiction over the manufacturer in Idaho for a plaintiff’s product liability action. Stated another way, the court considered whether a manufacturer located outside the United States (with no domestic presence) could be sued in Idaho because its’ product reached Idaho and caused injury.Continue Reading

Idaho is the latest of several states that now recognize an independent tort against third parties that willfully compromise evidence in an attempt to interfere with a potential civil lawsuit. Courts have long provided remedies for evidence spoliation when the wrongdoer is a direct party to the litigation, such as providing an adverse inference instruction against the spoliating party. However, courts have not always granted relief to plaintiffs alleging third party spoliation. In Raymond v. Idaho State Police, 451 P.3d 17 (Idaho 2019), the Supreme Court of Idaho formally adopted the tort of Intentional Interference With A Prospective Civil Action By Spoliation Of Evidence By A Third Party (Third Party Spoliation). Adopting this tort provides an avenue of spoliation relief against parties who are not part of the underlying civil lawsuit.Continue Reading

In Davison v. Debest Plumbing, Inc., 416 P.3d 943 (Ida. 2018), the Supreme Court of Idaho addressed the issue of whether plaintiffs who provided actual notice of a defective condition, but not written notice as stated in the Notice and Opportunity to Repair Act (NORA), Idaho Code §§ 6-2501 to 6-2504, et. seq., substantially complied with the act and if the plaintiffs’ notice was sufficient to bring suit. Section 6-2503 of the NORA states that, “[p]rior to commencing an action against a construction professional for a construction defect, the claimant shall serve written notice of claim on the construction professional. The notice of claim shall state that the claimant asserts a construction defect claim against the construction professional and shall describe the claim in reasonable detail sufficient to determine the general nature of the defect.” Any action not complying with this requirement should be dismissed without prejudice. The court held that the defendant’s actual notice of the defect was sufficient to satisfy the objectives of the NORA and, thus, the plaintiffs’ action complied with the NORA.Continue Reading