Free Idaho Supreme Court - Civil case summaries from Justia.
If you are unable to see this message, click here to view it in a web browser. | | Idaho Supreme Court - Civil February 20, 2021 |
|
|
Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | The Upside-Down Treatment of Religious Exceptions Cases in the Supreme Court | MICHAEL C. DORF | | Cornell law professor Michael C. Dorf comments on the U.S. Supreme Court’s decision last week to reject an emergency application from the State of Alabama to lift a stay on the execution of Willie B. Smith III. Professor Dorf observes the Court’s unusual alignment of votes in the decision and argues that, particularly as reflected by the recent COVID-19 decisions, the liberal and conservative Justices have essentially swapped places from the seminal 1990 case Employment Division v. Smith, which established that the First Amendment does not guarantee a right to exceptions from neutral laws of general applicability. | Read More |
|
Idaho Supreme Court - Civil Opinions | Wittkopf v. Stewart's Firefighter Food Catering, Inc. | Docket: 46860 Opinion Date: February 19, 2021 Judge: Roger S. Burdick Areas of Law: Civil Procedure, Constitutional Law, Government & Administrative Law, Labor & Employment Law | This case arose from an Idaho Industrial Commission determination denying an application for unemployment benefits. William Wittkopf appealed pro se the Commission’s determination that he was ineligible for unemployment benefits because he voluntarily quit his job without good cause and he willfully made a false statement or willfully failed to report a material fact in his unemployment application. On appeal, Wittkopf challenged the factual findings made by the Commission and argued it violated his right to due process by taking into consideration the fact that he voluntarily terminated his employment approximately two and a half years prior to applying for unemployment benefits. After review, the Idaho Supreme Court concluded: (1) Wittkopf failed to provide a cogent argument on appeal regarding whether his right to due process was violated; (2) the Commission’s determination that Wittkopf voluntarily terminated his employment at Stewart’s Firefighter without good cause and without exhausting all reasonable alternatives was supported by substantial and competent evidence; and (3) the Commission’s determination that Wittkopf willfully made a false statement or willfully failed to report a material fact in order to obtain benefits was supported by substantial and competent evidence. Accordingly, the Commission’s decision and order denying Wittkopf’s application for unemployment benefits was affirmed. | |
|
About Justia Opinion Summaries | Justia Daily Opinion Summaries is a free service, with 68 different newsletters, covering every federal appellate court and the highest courts of all US states. | Justia also provides weekly practice area newsletters in 63 different practice areas. | All daily and weekly Justia newsletters are free. Subscribe or modify your newsletter subscription preferences at daily.justia.com. | You may freely redistribute this email in whole. | About Justia | Justia is an online platform that provides the community with open access to the law, legal information, and lawyers. |
|
|