27 results for 'judge:"Brody"'.
J. Brody finds that the district court properly rejected a challenge to recent legislation ending the acceptance of social security numbers and student identification cards at polls. While the challengers raised a constitutional issue sufficient for standing, the legislature has the authority to place qualifications and conditions on the right of suffrage and the new laws are reasonably related to preserving the integrity of the election process. The potential for additional burdens on some voters is not so great that the right of suffrage is annulled and the new laws' goal of creating uniformity does not violate equal protection rights. Affirmed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: April 11, 2024, Case #: 51227, Categories: Elections, Equal Protection
J. Brody finds the trial court properly excluded expert testimony from a trip-and-fall trial because the individual missed the disclosure deadline. Future non-economic damages were excluded from jury consideration because the individual repeatedly testified that her memory loss may have been due to old age. Affirmed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: April 10, 2024, Case #: 49916, Categories: Damages, Negligence, Experts
J. Brody finds that the district court properly reversed the magistrate court and ordered a new trial on a debt collection complaint. Disputed issues of material fact exist, the debt collector's failure to provide a transcript of magistrate court proceedings bars its argument that a new trial is needed, and the debt collector failed to show the debtor is not entitled to attorney fees on intermediate appeal. Affirmed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: March 25, 2024, Case #: 49755, Categories: Debt Collection, Attorney Fees
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J. Brody finds the trial court properly upheld a county's denial of a developer's preliminary application for a subdivision. The denial was supported by evidence that a single, gated point of egress would pose a danger for residents seeking to evacuate in an emergency. Affirmed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: March 5, 2024, Case #: 50197, Categories: Property, Zoning
J. Brody finds the district court properly dismissed a tenant’s Idaho Consumer Protection Act counterclaim against the landlords and decisions concerning certain setoffs against property damages awarded to landlords. The tenant claims the lease was a lease to own a mobile home agreement. The landlords alleged violations of the agreement, then initiated an eviction action. The tenant failed to challenge the court’s findings. The landlords are entitled to attorney fees and cost. Affirmed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: February 22, 2024, Case #: 49801, Categories: Landlord Tenant, Attorney Fees
J. Brody finds that defendant's confrontation right was not violated by the admission of testimony from a detective about data that the FBI obtained by extracting it from defendant's cell phone. The detective's personal knowledge and experience of cell phone extractions was sufficient to support his testimony and independent conclusions about the extraction file. Affirmed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: February 8, 2024, Case #: 49079, Categories: Confrontation, Drug Offender
[Consolidated.] J. Brody finds that one of two trial courts hearing aspects of the same dispute over allegedly poached employees and trade secrets abused its discretion when it increased an award from $1 million to $2.3 million, as the award was not the result of passion or prejudice, and its injunctive order was overly broad. The second trial court properly held that the preliminary injunction was overly broad and unenforceable since it restrained lawful conduct. Reversed in part.
Court: Idaho Supreme Court, Judge: Brody, Filed On: February 2, 2024, Case #: 49418, Categories: Trade Secrets, Damages, Interference With Contract
J. Brody grants in part Philadelphia’s motion for summary judgment against a former police captain’s claims that his demotion to lieutenant, following his having brain trauma from falling into a pothole, violated the Americans with Disabilities Act. The employee has failed to state a claim that the city failed to reasonably accommodate his disabilities.
Court: USDC Eastern District of Pennsylvania, Judge: Brody, Filed On: January 16, 2024, Case #: 2:19cv4377, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Labor
J. Brody finds that the trial court properly dismissed defendant's second successive petition for post-conviction relief on murder and arson convictions and a death sentence. His ineffective assistance claim is time-barred, and if the claim were allowed, his allegation that counsel should have used information about an affair between an investigator and a prosecutor to impeach the investigator was not material or prejudicial during the trial or at sentencing. Affirmed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: December 5, 2023, Case #: 48677, Categories: Death Penalty, Murder
J. Brody finds that the Industrial Commission properly concluded that a widow was entitled to death and medical benefits after the death of her husband. She proved that his death was the result of workplace stroke, which is a compensable industrial accident. Her failure to respond to discovery requests did not bar her from asserting the presumption that his death arose from his employment. Affirmed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: November 29, 2023, Case #: 49452, Categories: Discovery, Workers' Compensation
J. Brody finds that the magistrate court must revisit a wife's claim that she was in a common law marriage prior to January 1, 1996, when Idaho quit recognizing them. She did not preserve her challenge to the magistrate court decision to hold an evidentiary hearing, but the magistrate court should not have excluded evidence of the parties' conduct after December 31, 1995. Reversed in part.
Court: Idaho Supreme Court, Judge: Brody, Filed On: November 29, 2023, Case #: 49859, Categories: Family Law
[Consolidated.] J. Brody finds that the trial court properly took judicial notice of factual findings from two prior Child Protective Act cases involving a child's parents when determining that the child was at risk of abuse, neglect or abandonment. The noticed facts were not disputed and were established by the same trial court that made the subject risk determination, which was supported by substantial evidence of an unstable home and a lack of protection for the child. Affirmed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: October 27, 2023, Case #: 50868, Categories: Evidence, Family Law
J. Brody reverses the trial court's grant of a prescriptive easement across a property owner's rural land. The trial court was right that the use of a road by the predecessors of the owner's neighbor was permissive because the land was was wild, unenclosed and unimproved back then. But the neighbor failed to prove that the permissive use of the road had changed to adverse use, as required for a prescriptive easement. Reversed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: October 26, 2023, Case #: 50143, Categories: Property
J. Brody finds that the trial court did not err in finding that an employee was not entitled to treble damages on incentive pay since the employer paid the wages within the statutory 10-day period. The employee's severance pay, wrongful termination and rescission claims fell under the employment contract's arbitration clause. However, it was error to dismiss the arbitrable claims before they were resolved in arbitration since trial courts retain jurisdiction until arbitration parties seek confirmation and final judgment. Reversed in part.
Court: Idaho Supreme Court, Judge: Brody, Filed On: September 8, 2023, Case #: 49933, Categories: Arbitration, Employment, Jurisdiction
J. Brody finds that the trial court properly excluded documents that subtenants provided to show ownership of a tree that fell and killed their cat. The documents were unauthenticated hearsay that was not admissible under the business documents exception and were not supported by personal knowledge. Affirmed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: August 30, 2023, Case #: 49592, Categories: Evidence, Property, Negligence
J. Brody finds that the district court improperly imposed an unconditional monetary sanction on an ex-husband for his failure to pay the spousal support, interest and fines owed under an Oregon contempt judgment. An unconditional sanction is criminal in nature but the district court did not provide the ex-husband the due process protections guaranteed by the federal constitution, such as the right to notice at his arraignment of criminal liability, the right to a public trial and the right to cross-examine witnesses. Vacated.
Court: Idaho Supreme Court, Judge: Brody, Filed On: August 22, 2023, Case #: 49772, Categories: Contempt, Family Law, Sanctions
J. Brody finds that the trial court properly dismissed a petition for post-conviction relief as time-barred. Defendant was not entitled to have the one-year post-conviction relief limitations period equitably tolled while he was incarcerated in Texas. He failed to show both that he had diligently pursued his rights and that an extraordinary circumstance prevented his access to Idaho courts. Affirmed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: June 28, 2023, Case #: 49305, Categories: Criminal Procedure, Murder
J. Brody overrules its previous interpretation in Brewer of the Idaho Industrial Commission's authority to adjudicate disputes over medical exams in workers' compensation cases. Statute does not authorize an employer or surety to suspend an employee's benefits based on a unilateral determination that its scheduling of an independent medical exam was reasonable and that the employee's inability to attend at that time and place was unreasonable. Vacated.
Court: Idaho Supreme Court, Judge: Brody, Filed On: June 23, 2023, Case #: 49511, Categories: Workers' Compensation
[Consolidated.] J. Brady finds that the district court improperly granted summary judgment to the manufacturers of a box palletizer that crushed a worker's head and shoulders. The manufacturers are not immune to personal injury claims under the Workers' Compensation Law because they were third parties and not the injured worker's co-employees, a status they argued applied due to the hybrid nature of the transaction through which the injured worker's employer bought the palletizer machine. Reversed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: June 14, 2023, Case #: 49473, Categories: Immunity, Negligence, Workers' Compensation
J. Brody finds that the district court properly dismissed a petition for judicial review of a city council approval of a development within a "Residential Ranchette" zoning district. Petitioners failed to show that the approval prejudiced their substantial rights. Affirmed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: June 13, 2023, Case #: 49590, Categories: Administrative Law, Zoning
J. Brody finds that the district court properly upheld an administration hearing officer's rejection of a driver's challenge to the suspension of his driver's license. The 15-minute pretest observation period prior to a DUI blood-alcohol test is discretionary, so the three minutes during which an officer was not watching him did not compromise the test results that showed he was over the limit. Affirmed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: June 9, 2023, Case #: 49298, Categories: Administrative Law, Licensing