Attorneys’ fees.
At the time and in the manner provided for fixing costs in civil actions, and at the discretion of the trial court, appropriate and reasonable attorney fees may be awarded to the claimant, the governmental entity or the employee of such governmental entity, as costs, in actions under this act, upon petition therefor and a showing, by clear and convincing evidence, that the party against whom or which such award is sought was guilty of bad faith in the commencement, conduct, maintenance or defense of the action. In no case shall such attorney fee award or any combination or total of such awards, together with other costs and money judgment or judgments for damages exceed, in the aggregate, the limitations on liability fixed by section 6-926, Idaho Code. The right to recover attorney fees in legal actions for money damages that come within the purview of this act shall be governed exclusively by the provisions of this act and not by any other statute or rule of court, except as may be hereafter expressly and specifically provided or authorized by duly enacted statute of the state of Idaho.
Notes of Decisions
Cited in
50
cases (
14 in the last 5 years), 1983–2025 · leading case:
Beehler v. Fremont Cnty., 182 P.3d 713 (Idaho Ct. App. 2008).
Beehler v. Fremont Cnty., 182 P.3d 713 (Idaho Ct. App. 2008).
· cites it 38× “The Beehlers appeal, challenging the applicability of I.C.”
Hill-Vu Mobile Home Park v. City of Pocatello, 402 P.3d 1041 (Idaho 2017).
· cites it 29× “§ 12-117 did not provide an exception after noting it has held that ‘I.C. § 6-918A governed to the exclusion of all other standards when the case was brought under the ITCA’).”
Nation v. State, Dept. of Corr., 158 P.3d 953 (Idaho 2007).
· cites it 8× “Since we affirm the district court's award of summary judgment, we also affirm the court's award of costs as a matter of right. D. Attorney's Fees on Appeal On appeal the corrections officers, Ada County and Stoppello all seek attorney's fees pursuant to 42 U.”
Kent v. Pence, 773 P.2d 290 (Idaho Ct. App. 1989).
· cites it 24× “Because Kent’s action was deemed to fall within the purview of the Idaho Tort Claims Act, and was dismissed upon a ground unique to that Act, our attention is directed to the attorney fee section of the Act, I.C. § 6-918A. The statute provides in pertinent part as follows: At…”
Packard v. Jt. Sch. Dist. No. 171, 661 P.2d 770 (Idaho Ct. App. 1983).
· cites it 12× “The Idaho Tort Claims Act, at I.C. § 6-918A, authorizes a discretionary award of attorney fees.”
D.A.F. v. Lieteau & Juv. Corr. Nampa, 456 P.3d 193 (Idaho 2019).
· cites it 14× “However, the Juveniles contend that if we determine that tort claims brought pursuant to Idaho Code section 6-1701 fall within the purview of the 10 ITCA, we must turn to Idaho Code section 6-918A to determine whether a party is entitled to attorney fees.”
O'GUIN v. Bingham Cnty., 122 P.3d 308 (Idaho 2005).
· cites it 8× “Attorney Fees On Appeal The County requests attorney fees on appeal pursuant to I.C. § 6-918A. That section requires "a showing, by clear and convincing evidence, that the party against whom or which such award is sought was *315 guilty of bad faith in the commencement, conduct,…”
Brown v. City of Pocatello, 229 P.3d 1164 (Idaho 2010).
· cites it 6× “Whether the district court erred in granting summary judgment in favor of Pocatello, having found Pocatello enjoyed “plan or design” immunity, without requiring Pocatello to demonstrate that it was acting in accordance with a plan or design when Brown’s property was damaged.”
Tomich v. City of Pocatello, 901 P.2d 501 (Idaho 1995).
· cites it 20× “THE OWNERS ARE NOT ENTITLED TO ATTORNEY FEES ON APPEAL UNDER I.C. § 6-918A, WHICH PROVIDES THE EXCLUSIVE STANDARD FOR ATTORNEY FEE AWARDS IN CASES BROUGHT UNDER THE TORT CLAIMS ACT.”
Dennis Ray Hennefer v. Blaine Cnty. Sch. Dist. 61, 346 P.3d 259 (Idaho 2015).
· cites it 12× “” 9 I.C. § 6-918A. Additionally, the School argues that its denial of the Hennefers’ requested admissions falls within one of the exceptions in Rule 37(e), meaning attorney fees are not appropriate.”
John Block v. City of Lewiston, 328 P.3d 464 (Idaho 2014).
· cites it 20× “Block contends that I.C. § 6-918A is the exclusive means for awarding attorney fees under the ITCA and attorney fees are not warranted under this statute.”
Renzo v. Idaho State Dep't of Agric., 241 P.3d 950 (Idaho 2010).
· cites it 10× “Whether Renzo failed to raise an issue of material fact regarding the claim of intentional interference with a prospective economic advantage. 5. Whether the Department owed a duty to Renzo because of the economic loss rule.”
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