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25 Idaho opinions name it 2 courts 2009–2026 14 in the last five years
The cases below were cited by Idaho courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
City of Osburn v. Randelgreen2 sentences2023“Idaho Code section 12-117 is the exclusive basis for awarding attorney’s fees in a matter with a person and a governmental entity as adverse parties.” Citizens Against Linscott/Interstate Asphalt Plant, 168 Idaho at 721, 486 P.3d at 531 (citing City of Osburn v. Randel, 152 Idaho 906, 909 , 277 P.3d 353, 356 (2012)). 2023“Idaho Code section 12-117 is the exclusive basis for awarding attorney’s fees in a matter with a person and a governmental entity as adverse parties.” Citizens Against Linscott/Interstate Asphalt Plant, 168 Idaho at 721, 486 P.3d at 531 (citing City of Osburn v. Randel, 152 Idaho 906, 909 , 277 P.3d 353, 356 (2012)). | 4 | 4 |
Hilary Beth Candland Firmage v. Howard Hunter Snowgreen2 sentences2024We recognize that an award of attorney fees is discretionary, and this Court has declined to award fees to the prevailing party in custody matters based on the conclusion that the non- prevailing party has nevertheless brought the appeal under “a good faith belief that the trial court had abused its discretion in failing to expressly analyze the best interests of the children in written findings of fact and conclusions of law.” Firmage v. Snow, 158 Idaho 343, 351 , 347 P.3d 191, 199 (2015). 2024We recognize that an award of attorney fees is discretionary, and this Court has declined to award fees to the prevailing party in custody matters based on the conclusion that the non- prevailing party has nevertheless brought the appeal under “a good faith belief that the trial court had abused its discretion in failing to expressly analyze the best interests of the children in written findings of fact and conclusions of law.” Firmage v. Snow, 158 Idaho 343, 351 , 347 P.3d 191, 199 (2015). | 2 | 2 |
McCann v. McCanngreen2 sentences2026Idaho Code section 12-121 permits courts to award attorney fees to the prevailing party when the “case was brought, pursued or defended frivolously, unreasonably or without foundation.” Typically, “attorney fees may not be awarded under Idaho Code section 12-121 when the case involves an issue of first impression.” Abell, 172 Idaho at 547 , 534 P.3d at 973 (citation omitted); see also McCann, 152 Idaho at 823 , 275 P.3d at 838 (“Attorney fees under I.C. § 12– 121 are not warranted where a novel legal question is presented.” (citation omitted)). 2026Idaho Code section 12-121 permits courts to award attorney fees to the prevailing party when the “case was brought, pursued or defended frivolously, unreasonably or without foundation.” Typically, “attorney fees may not be awarded under Idaho Code section 12-121 when the case involves an issue of first impression.” Abell, 172 Idaho at 547 , 534 P.3d at 973 (citation omitted); see also McCann, 152 Idaho at 823 , 275 P.3d at 838 (“Attorney fees under I.C. § 12– 121 are not warranted where a novel legal question is presented.” (citation omitted)). | 1 | 1 |
Steven J. Snider v. Ronald D. Arnoldgreen2 sentences2026Nor are fees generally given under Idaho Code section 12-121 when the nonprevailing party has “brought the appeal in good faith and where a genuine issue of law was presented.” Snider, 153 Idaho at 646 , 289 P.3d at 48 (citation omitted). 2026Nor are fees generally given under Idaho Code section 12-121 when the nonprevailing party has “brought the appeal in good faith and where a genuine issue of law was presented.” Snider, 153 Idaho at 646 , 289 P.3d at 48 (citation omitted). | 1 | 1 |
Abell v. Abellgreen2 sentences2026Idaho Code section 12-121 permits courts to award attorney fees to the prevailing party when the “case was brought, pursued or defended frivolously, unreasonably or without foundation.” Typically, “attorney fees may not be awarded under Idaho Code section 12-121 when the case involves an issue of first impression.” Abell, 172 Idaho at 547 , 534 P.3d at 973 (citation omitted); see also McCann, 152 Idaho at 823 , 275 P.3d at 838 (“Attorney fees under I.C. § 12– 121 are not warranted where a novel legal question is presented.” (citation omitted)). 2026Idaho Code section 12-121 permits courts to award attorney fees to the prevailing party when the “case was brought, pursued or defended frivolously, unreasonably or without foundation.” Typically, “attorney fees may not be awarded under Idaho Code section 12-121 when the case involves an issue of first impression.” Abell, 172 Idaho at 547 , 534 P.3d at 973 (citation omitted); see also McCann, 152 Idaho at 823 , 275 P.3d at 838 (“Attorney fees under I.C. § 12– 121 are not warranted where a novel legal question is presented.” (citation omitted)). | 1 | 1 |
Sullivan v. BitterSweet Ranch, LLCgreen1 sentence2025See Sullivan v. BitterSweet Ranch, LLC, 172 Idaho 755 , 764, 536 P.3d 867, 876 (2023) (“Because we award attorney’s fees to BitterSweet under section 34.2 of the Leases, we need not analyze whether BitterSweet is also entitled to attorney’s fees pursuant to Idaho Code sections 12- 121 or 12-120(3)”). | 1 | 1 |
Neighbors for Responsible Growth v. Kootenai Countygreen2 sentences2024See Neighbors For Responsible Growth v. Kootenai County, 147 Idaho 173, 177 , 207 P.3d 149, 153 (2009); Sylte v. Idaho Dep’t of Water Res., 165 Idaho 238, 247 , 443 P.3d 252, 261 (2019). 2024See Neighbors For Responsible Growth v. Kootenai County, 147 Idaho 173, 177 , 207 P.3d 149, 153 (2009); Sylte v. Idaho Dep’t of Water Res., 165 Idaho 238, 247 , 443 P.3d 252, 261 (2019). | 1 | 1 |
Sylte v. Idaho Dep't of Water Res.green2 sentences2024See Neighbors For Responsible Growth v. Kootenai County, 147 Idaho 173, 177 , 207 P.3d 149, 153 (2009); Sylte v. Idaho Dep’t of Water Res., 165 Idaho 238, 247 , 443 P.3d 252, 261 (2019). 2024See Neighbors For Responsible Growth v. Kootenai County, 147 Idaho 173, 177 , 207 P.3d 149, 153 (2009); Sylte v. Idaho Dep’t of Water Res., 165 Idaho 238, 247 , 443 P.3d 252, 261 (2019). | 1 | 1 |
Idaho Transportation Department v. Ascorp, Inc.green2 sentences2023Dep’t v. Ascorp, Inc., 159 Idaho 138, 142 , 357 P.3d 863, 867 (2015). 2023Dep’t v. Ascorp, Inc., 159 Idaho 138, 142 , 357 P.3d 863, 867 (2015). | 1 | 1 |
Seward v. Musick Auction, LLCgreen2 sentences2023The Terrells claim they are entitled to attorney fees under Idaho Code section 12-121 because they believe this appeal was “defended frivolously, unreasonably, or without foundation.” Idaho Code section 12-121 states that attorney fees may be awarded to the prevailing party when “the case was brought, pursued or defended frivolously, unreasonably or without foundation.” “An award of attorney fees under Idaho Code section 12- 121 is not a matter of right to the prevailing party, but is appropriate only when this Court, in its discretion, is left with the abiding belief that the case was brought 2023The Terrells claim they are entitled to attorney fees under Idaho Code section 12-121 because they believe this appeal was “defended frivolously, unreasonably, or without foundation.” Idaho Code section 12-121 states that attorney fees may be awarded to the prevailing party when “the case was brought, pursued or defended frivolously, unreasonably or without foundation.” “An award of attorney fees under Idaho Code section 12- 121 is not a matter of right to the prevailing party, but is appropriate only when this Court, in its discretion, is left with the abiding belief that the case was brought | 1 | 1 |
Ada County v. Browninggreen2 sentences2023Ada County v. Browning, 168 Idaho 856, 859 , 489 P.3d 443, 446 (2021). 2023Ada County v. Browning, 168 Idaho 856, 859 , 489 P.3d 443, 446 (2021). | 1 | 1 |
Obendorf v. Terra Hug Spray Co., Inc.green2 sentences2016“We have, in the past, applied rules of statutory construction in the interpretation of our rules of civil procedure.” Obendorf v. Terra Hug Spray Co., Inc., 145 Idaho 892, 900 , 188 P.3d 834, 842 (2008). 2016“We have, in the past, applied rules of statutory construction in the interpretation of our rules of civil procedure.” Obendorf v. Terra Hug Spray Co., Inc., 145 Idaho 892, 900 , 188 P.3d 834, 842 (2008). | 1 | 1 |
Keith A. Sims v. Dan S. Jacobsongreen2 sentences2016Sims v. Jacobson, 157 Idaho 980, 985 , 342 P.3d 907, 912 (2015). 2016Sims v. Jacobson, 157 Idaho 980, 985 , 342 P.3d 907, 912 (2015). | 1 | 1 |
Zenner v. Holcombgreen2 sentences2016However, “the application of [a] procedural rule is 2 a question of law on which we exercise free review.” Zenner v. Holcomb, 147 Idaho 444, 450 , 210 P.3d 552, 558 (2009). 2016However, “the application of [a] procedural rule is 2 a question of law on which we exercise free review.” Zenner v. Holcomb, 147 Idaho 444, 450 , 210 P.3d 552, 558 (2009). | 1 | 1 |
Renshaw v. Mortgage Electronic Registration Systems, Inc.green2 sentences2016Registration Sys., Inc., 155 Idaho 656, 659 , 315 P.3d 844, 847 (2013). 2016Registration Sys., Inc., 155 Idaho 656, 659 , 315 P.3d 844, 847 (2013). | 1 | 1 |
Idaho Military Historical Society, Inc. v. Maslengreen2 sentences2016STANDARD OF REVIEW “An award of attorney fees pursuant to I.C. § 12–121 and I.R.C.P. 54(e)(1) will not be disturbed absent an abuse of discretion.” Idaho Military Historical Soc’y, Inc. v. Maslen, 156 Idaho 624, 629 , 329 P.3d 1072, 1077 (2013). 2016STANDARD OF REVIEW “An award of attorney fees pursuant to I.C. § 12–121 and I.R.C.P. 54(e)(1) will not be disturbed absent an abuse of discretion.” Idaho Military Historical Soc’y, Inc. v. Maslen, 156 Idaho 624, 629 , 329 P.3d 1072, 1077 (2013). | 1 | 1 |
Michalk v. Michalkgreen2 sentences2014Pursuant to I.C. § 12-121, “the judge may award reasonable attorney fees to the prevailing party.” This Court has stated that an “award of attorney fees under Idaho Code § 12 - 121 is not a matter of right to the prevailing party, but is appropriate only when the court, in its discretion, is left with the abiding belief that the case was brought, pursued, or defended frivolously, unreasonably, or without foundation.” Michalk v. Michalk, 148 Idaho 224, 235 , 220 P.3d 580, 591 (2009). 2014Pursuant to I.C. § 12-121, “the judge may award reasonable attorney fees to the prevailing party.” This Court has stated that an “award of attorney fees under Idaho Code § 12 - 121 is not a matter of right to the prevailing party, but is appropriate only when the court, in its discretion, is left with the abiding belief that the case was brought, pursued, or defended frivolously, unreasonably, or without foundation.” Michalk v. Michalk, 148 Idaho 224, 235 , 220 P.3d 580, 591 (2009). | 1 | 1 |
Chavez v. Barrusgreen2 sentences2012Chavez v. Barrus, 146 Idaho 212, 225 , 192 P.3d 1036, 1049 (2008). 2012Chavez v. Barrus, 146 Idaho 212, 225 , 192 P.3d 1036, 1049 (2008). | 1 | 1 |
Bagley v. Thomasongreen2 sentences2012See Bagley, 149 Idaho at 805 , 241 P.3d at 978 . 2012See Bagley, 149 Idaho at 805 , 241 P.3d at 978 . | 1 | 1 |
Eighteen Mile Ranch, LLC v. Nord Excavating & Paving, Inc.green2 sentences2012Eighteen Mile Ranch, LLC v. Nord Excavating & Paving, Inc., 141 Idaho 716, 721 , 117 P.3d 130, 135 (2005). 2012Eighteen Mile Ranch, LLC v. Nord Excavating & Paving, Inc., 141 Idaho 716, 721 , 117 P.3d 130, 135 (2005). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Idaho. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bilow v. Preco, Inc.
green
2 sentences2024Bilow, 132 Idaho at 31 , 966 P.2d at 31 . 24 The Court rejected Bilow’s argument that, because he also brought a claim for wages under a breach of contract theory, he could seek attorney fees under Idaho Code section 12-120(3). 2024Bilow, 132 Idaho at 31 , 966 P.2d at 31 . 24 The Court rejected Bilow’s argument that, because he also brought a claim for wages under a breach of contract theory, he could seek attorney fees under Idaho Code section 12-120(3). | 1 | 2024–2024 |
Uzzle v. Estate of Eric Milo Hirning
green
1 sentence2023The Terrells claim they are entitled to attorney fees under Idaho Code section 12-121 because they believe this appeal was “defended frivolously, unreasonably, or without foundation.” Idaho Code section 12-121 states that attorney fees may be awarded to the prevailing party when “the case was brought, pursued or defended frivolously, unreasonably or without foundation.” “An award of attorney fees under Idaho Code section 12- 121 is not a matter of right to the prevailing party, but is appropriate only when this Court, in its discretion, is left with the abiding belief that the case was brought | 1 | 2023–2023 |
Garner v. Povey
green
2 sentences2023Id. at 470 , 259 P.3d at 616 . 2023Id. at 470 , 259 P.3d at 616 . | 1 | 2023–2023 |
American West Enterprises, Inc. v. CNH, LLC
green
2 sentences2023Id. at 755 , 316 P.3d at 671 . 2023Id. at 755 , 316 P.3d at 671 . | 1 | 2023–2023 |
Brooks v. Gigray Ranches, Inc.
green
2 sentences2021Yet, where there are multiple claims in an action, and only some qualify for a fee award under section 12-120(3), attorney’s fees are properly denied if those claims are “inseparably intertwined.” See Brooks v. Gigray Ranches, Inc., 128 Idaho 72 , 77-79, 910 P.2d 744 , 749-51 (1996) (concluding that a district court’s denial of attorney’s fees under section 12-120(3) was appropriate where the district court determined the fees associated with claims that satisfied section 12-120(3) were “inseparably intertwined” with those that did not). 2021Yet, where there are multiple claims in an action, and only some qualify for a fee award under section 12-120(3), attorney’s fees are properly denied if those claims are “inseparably intertwined.” See Brooks v. Gigray Ranches, Inc., 128 Idaho 72 , 77-79, 910 P.2d 744 , 749-51 (1996) (concluding that a district court’s denial of attorney’s fees under section 12-120(3) was appropriate where the district court determined the fees associated with claims that satisfied section 12-120(3) were “inseparably intertwined” with those that did not). | 1 | 2021–2021 |
Gumprecht v. Doyle
green
2 sentences2018Id. at 245 , 912 P.2d at 613 . 2018Id. at 245 , 912 P.2d at 613 . | 1 | 2018–2018 |
Blimka v. My Web Wholesaler, LLC.
green
2 sentences2014Blimka, LLC, 143 Idaho at 728 , 152 P.3d at 599 . 2014Blimka, LLC, 143 Idaho at 728 , 152 P.3d at 599 . | 1 | 2014–2014 |
Paloukos v. Intermountain Chevrolet Co.
green
2 sentences2009A prerequisite to an award of attorney fees under that statute is that the party prevail in the “civil action.” In Paloukos v. Intermountain Chevrolet Co., 99 Idaho 740 , 588 P.2d 939 (1978), this Court for the first time addressed the issue of awarding attorney fees under Idaho Code § 12 - 120(3) to a party who had prevailed on appeal, but may not prevail in the action after remand to the district court. 2009A prerequisite to an award of attorney fees under that statute is that the party prevail in the “civil action.” In Paloukos v. Intermountain Chevrolet Co., 99 Idaho 740 , 588 P.2d 939 (1978), this Court for the first time addressed the issue of awarding attorney fees under Idaho Code § 12 - 120(3) to a party who had prevailed on appeal, but may not prevail in the action after remand to the district court. | 1 | 2009–2009 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.