Frivolous, Unreasonable and Without Foundation is Back or it Never Left?

Frivolous, Unreasonable and Without Foundation is Back or it Never Left?

In a prior post, we told you about how the Idaho Supreme Court said that on March 1, 2017, court's would award attorney fees when "justice so required" rather than when a case was "brought, pursued or defended frivolously, unreasonably or without foundation.”

Well, the Legislature intervened and amended Idaho Code Section 12-121 (effective February 28, 2017). Now attorney fees will be awarded just as they have for the last 30 plus years. In short, to get attorney fees in a case where there isn't a statute or contract saying the winner gets attorney fees, the winner must convince the judge that the case was "brought, pursued or defended frivolously, unreasonably or without foundation.”