Idaho Code

Idaho Code § 6-2107 (2026)

Award of attorneys’ fees and costs to employer — Action without basis in law or fact.

✓ current as of May 2026

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Award of attorneys’ fees and costs to employer — Action without basis in law or fact.

A court may also order that reasonable attorneys’ fees and court costs be awarded to an employer if the court determines that an action brought by an employee under this chapter is without basis in law or in fact. However, an employee shall not be assessed attorneys’ fees under this section if, after exercising reasonable and diligent efforts after filing a suit, the employee files a voluntary dismissal concerning the employer, within a reasonable time after determining that the employer would not be liable for damages.

Notes of Decisions

Cited in 6 cases, 2014–2019 · leading case: Van v. Portneuf Med. Ctr., Inc., 330 P.3d 1054 (Idaho 2014).

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Van v. Portneuf Med. Ctr., Inc., 330 P.3d 1054 (Idaho 2014). · cites it 6× “PMC argues that the district court correctly awarded costs pursuant to Idaho Code section 12-101, that Idaho Code section 6-2107 is not more specific, and that the latter section does not supplant or replace section 12-101.”

Eller v. Idaho State Police, 443 P.3d 161 (Idaho 2019). · cites it 2× “" I.C. § 6-2107. Both parties brought appeals with legitimate questions for the Court to address, grounding their arguments in fact and law.”

Sharon R. Hammer v. City of Sun Valley, 414 P.3d 1178 (Idaho 2016). · cites it 9× “Is Either Party Entitled to an Award of Attorney Fees on Appeal? The Plaintiff seeks an award of attorney fees on appeal under Idaho Code section 6-2106(5). Because the Plaintiff is not the prevailing party, she is not entitled to an award of attorney fees.”

Richard T. Wright v. Ada Cnty., 376 P.3d 58 (Idaho 2016). “Ada County asserts that it is entitled to attorney fees under Idaho Code sections 6-2107 and 12-117. However, because we ax-e vacating the district court’s decision and there is no prevailing party on appeal, we do not consider attorney fees at this time.”

Mark Van v. Portneuf Med. Ctr. (Idaho 2014). · cites it 6× “PMC argues that the district court correctly awarded costs pursuant to Idaho Code section 12-101, that Idaho Code section 6-2107 is not more specific, and that the latter section does not supplant or replace section 12-101.”

Eller v. Idaho State Police (Idaho 2019). · cites it 2× “” I.C. § 6-2107. Both parties brought appeals with legitimate questions for the Court to address, grounding their arguments in fact and law.”

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