cogent challenge (Idaho) · Go Syfert
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cogent challenge in Idaho

11 Idaho opinions name it 2 courts 1983–2023 1 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.

Followed or applied (7)

CaseFollowedCited
Andrews v. Idaho Forest Industries, Inc.green
idahoctapp · 1990 · cited in 8 Idaho opinions naming this issue, 1994–2016
2 sentences

2016“A trial court does not abuse its discretion if it (1) correctly perceives the issue as discretionary, (2) acts within the bounds of discretion and applies the correct legal standards, and (3) reaches the decision through an exercise of reason.” Capstar Radio Operating Co. v. Lawrence, 153 Idaho 411, 423 , 283 P.3d 728, 740 (2012) (quoting O’Connor v. Harger Constr., Inc., 145 Idaho 904, 909 , 188 P.3d 846, 851 (2008)). “[W]here issues of discretion are involved, an award of attorney fees is proper if the appellant fails to make a cogent challenge to the judge’s exercise of discretion.” Andrew

2016“A trial court does not abuse its discretion if it (1) correctly perceives the issue as discretionary, (2) acts within the bounds of discretion and applies the correct legal standards, and (3) reaches the decision through an exercise of reason.” Capstar Radio Operating Co. v. Lawrence, 153 Idaho 411, 423 , 283 P.3d 728, 740 (2012) (quoting O’Connor v. Harger Constr., Inc., 145 Idaho 904, 909 , 188 P.3d 846, 851 (2008)). “[W]here issues of discretion are involved, an award of attorney fees is proper if the appellant fails to make a cogent challenge to the judge’s exercise of discretion.” Andrew

68
Utter v. Gibbinsgreen
idaho · 2002 · cited in 3 Idaho opinions naming this issue, 2008–2016
2 sentences

2016Utter v. Gibbins, 137 Idaho 361, 365 , 48 P.3d 1250, 1254 (2002) (‘Where issues of discretion are involved, an award of attorney fees is proper if the appellant fails to make a cogent challenge to the judge’s exercise of discretion.” (quoting Andrews, 117 Idaho at 198 , 786 P.2d at 589 )). (2) Attorney Fees and Costs under the loan documents Here, the district court correctly perceived the issue as one of discretion, and using its discretion, found that the loan documents allowed for the award of attorney fees.

2016Utter v. Gibbins, 137 Idaho 361, 365 , 48 P.3d 1250, 1254 (2002) (‘Where issues of discretion are involved, an award of attorney fees is proper if the appellant fails to make a cogent challenge to the judge’s exercise of discretion.” (quoting Andrews, 117 Idaho at 198 , 786 P.2d at 589 )). (2) Attorney Fees and Costs under the loan documents Here, the district court correctly perceived the issue as one of discretion, and using its discretion, found that the loan documents allowed for the award of attorney fees.

33
Capstar Radio Operating Co. v. Lawrencegreen
idaho · 2012 · cited in 2 Idaho opinions naming this issue, 2015–2016
2 sentences

2016“A trial court does not abuse its discretion if it (1) correctly perceives the issue as discretionary, (2) acts within the bounds of discretion and applies the correct legal standards, and (3) reaches the decision through an exercise of reason.” Capstar Radio Operating Co. v. Lawrence, 153 Idaho 411, 423 , 283 P.3d 728, 740 (2012) (quoting O’Connor v. Harger Constr., Inc., 145 Idaho 904, 909 , 188 P.3d 846, 851 (2008)). “[W]here issues of discretion are involved, an award of attorney fees is proper if the appellant fails to make a cogent challenge to the judge’s exercise of discretion.” Andrew

2016“A trial court does not abuse its discretion if it (1) correctly perceives the issue as discretionary, (2) acts within the bounds of discretion and applies the correct legal standards, and (3) reaches the decision through an exercise of reason.” Capstar Radio Operating Co. v. Lawrence, 153 Idaho 411, 423 , 283 P.3d 728, 740 (2012) (quoting O’Connor v. Harger Constr., Inc., 145 Idaho 904, 909 , 188 P.3d 846, 851 (2008)). “[W]here issues of discretion are involved, an award of attorney fees is proper if the appellant fails to make a cogent challenge to the judge’s exercise of discretion.” Andrew

22
O'Connor v. Harger Construction, Inc.green
idaho · 2008 · cited in 2 Idaho opinions naming this issue, 2015–2016
2 sentences

2016“A trial court does not abuse its discretion if it (1) correctly perceives the issue as discretionary, (2) acts within the bounds of discretion and applies the correct legal standards, and (3) reaches the decision through an exercise of reason.” Capstar Radio Operating Co. v. Lawrence, 153 Idaho 411, 423 , 283 P.3d 728, 740 (2012) (quoting O’Connor v. Harger Constr., Inc., 145 Idaho 904, 909 , 188 P.3d 846, 851 (2008)). “[W]here issues of discretion are involved, an award of attorney fees is proper if the appellant fails to make a cogent challenge to the judge’s exercise of discretion.” Andrew

2016“A trial court does not abuse its discretion if it (1) correctly perceives the issue as discretionary, (2) acts within the bounds of discretion and applies the correct legal standards, and (3) reaches the decision through an exercise of reason.” Capstar Radio Operating Co. v. Lawrence, 153 Idaho 411, 423 , 283 P.3d 728, 740 (2012) (quoting O’Connor v. Harger Constr., Inc., 145 Idaho 904, 909 , 188 P.3d 846, 851 (2008)). “[W]here issues of discretion are involved, an award of attorney fees is proper if the appellant fails to make a cogent challenge to the judge’s exercise of discretion.” Andrew

22
Hunt v. Huntgreen
idaho · 2002 · cited in 1 Idaho opinions naming this issue, 2023–2023
2 sentences

2023Hunt v. Hunt, 137 Idaho 18, 23 , 43 P.3d 777, 782 (2002) (“Where issues of discretion are involved, an award of attorney fees is proper if the appellant fails to make a cogent challenge to the judge’s exercise of discretion.”).

2023Hunt v. Hunt, 137 Idaho 18, 23 , 43 P.3d 777, 782 (2002) (“Where issues of discretion are involved, an award of attorney fees is proper if the appellant fails to make a cogent challenge to the judge’s exercise of discretion.”).

11
Lee v. Nickersongreen
idaho · 2008 · cited in 1 Idaho opinions naming this issue, 2016–2016
2 sentences

2016Further, “[T]he law is clearly settled that when awarding attorney fees in a civil action, the district court must consider I.R.C.P. 54(e)(3) factors, but need not make specific written findings of the various factors.” Poole v. Davis, 153 Idaho 604, 607 , 288 P.3d 821, 824 (2012) *194 (quoting Lee v. Nickerson, 146 Idaho 5, 11 , 189 P.3d 467, 473 (2008)).

2016Further, “[T]he law is clearly settled that when awarding attorney fees in a civil action, the district court must consider I.R.C.P. 54(e)(3) factors, but need not make specific written findings of the various factors.” Poole v. Davis, 153 Idaho 604, 607 , 288 P.3d 821, 824 (2012) *194 (quoting Lee v. Nickerson, 146 Idaho 5, 11 , 189 P.3d 467, 473 (2008)).

11
Randy Poole v. Darin Davisgreen
idaho · 2012 · cited in 1 Idaho opinions naming this issue, 2016–2016
2 sentences

2016Further, “[T]he law is clearly settled that when awarding attorney fees in a civil action, the district court must consider I.R.C.P. 54(e)(3) factors, but need not make specific written findings of the various factors.” Poole v. Davis, 153 Idaho 604, 607 , 288 P.3d 821, 824 (2012) *194 (quoting Lee v. Nickerson, 146 Idaho 5, 11 , 189 P.3d 467, 473 (2008)).

2016Further, “[T]he law is clearly settled that when awarding attorney fees in a civil action, the district court must consider I.R.C.P. 54(e)(3) factors, but need not make specific written findings of the various factors.” Poole v. Davis, 153 Idaho 604, 607 , 288 P.3d 821, 824 (2012) *194 (quoting Lee v. Nickerson, 146 Idaho 5, 11 , 189 P.3d 467, 473 (2008)).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Idaho. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
McPherson v. McPherson green
idahoctapp · 1987
2 sentences

2002“Where issues of discretion are involved, an award of attorney fees is proper if the appellant fails to make a cogent challenge to the judge’s exercise of discretion.” Andrews v. Idaho Forest Indus., Inc., 117 Idaho 195, 197 , 786 P.2d 586, 589 (Ct.App.1990) (citing McPherson v. McPherson, 112 Idaho 402 , 732 P.2d 371 (Ct.App.1987)).

2002“Where issues of discretion are involved, an award of attorney fees is proper if the appellant fails to make a cogent challenge to the judge’s exercise of discretion.” Andrews v. Idaho Forest Indus., Inc., 117 Idaho 195, 197 , 786 P.2d 586, 589 (Ct.App.1990) (citing McPherson v. McPherson, 112 Idaho 402 , 732 P.2d 371 (Ct.App.1987)).

41990–2002
Dullea v. Massachusetts Bay Transportation Authority green
massappct · 1981
1 sentence

1983Dullea, supra, next presents a cogent analysis of the reasons why both the gratuity theory and the contract theory suffer from infirmities which undercut their utility in solving problems caused by today’s complex public pension systems: “The chief defect of the gratuity hypothesis is that, in practice, it can be unjust.

11983–1983

Statutes the citing opinions construe

ID § Idaho Code § 12-121 (10) ID § Idaho Code § 12-120 (3)

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.

Where else courts name it

NY 51 (1975–2026) CA 20 (1955–2026) PA 15 (1997–2025) ID 11 (1983–2023) MA 10 (2001–2026) NJ 8 (1969–2025) FL 8 (1979–2004) TX 6 (2007–2015) MO 6 (1907–2011) DC 5 (1981–2005) WY 5 (1936–2019) OH 5 (1924–2005) WI 4 (1979–2019) CO 4 (1977–2025) MD 4 (1960–2016) CT 3 (1980–2025) SD 3 (1896–1986) NH 2 (1853–1903) IA 2 (1920–2018) AR 2 (1908–1910) GA 2 (2008–2009) AL 2 (1989–1997) IL 2 (2008–2021)

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.

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