Firm News
The partners of Kormanik Hallam & Sneed LLP have recently presented at various Continuing Legal Education seminars on topics related to their practices.
In September, 2007, Guy Hallam presented at a Continuing Legal Education seminar sponsored by the Idaho Trial Lawyers Association, in Jackpot, Nevada. Mr. Hallam's presentation was on the topic of "Non-Compete Agreements, Both Sides of the Coin (Representing Employees and Employers)."
In December, 2007, John R. Kormanik presented at a seminar entitled "Employment Laws Made Simple" sponsored by the National Business Institute, in Boise, Idaho. Mr. Kormanik's presentation was on the topics of: (1) Set the Stage with New Hires - Consistency from the Start; (2) Protective Measures Equate to Safeguards; and (3) Separation of Employment.
In June 2008, John R. Kormanik was a member of a panel presentation at the Idaho State Bar Association Litigation Section's annual meeting, addressing the issues surrounding juror questions to witnesses during trial. In addition to Mr. Kormanik, the four-member panel consisted of Idaho state court judges as well as a judge from the 9th Circuit Court of Appeals.
In June 2008, John R. Kormanik, as then-Seminar Chairperson of the Idaho Trial Lawyers Association, coordinated and conducted the ITLA's seminar in Sun Valley, Idaho.
Please contact the Firm if you would like additional information about these news items or the presentations made by members of the Firm.
RECENT RESULTS
Confidential Settlement - In November 2008, attorneys of the Firm successfully completed negotiation of a confidential settlement on behalf of a client who claimed to have been discriminated against due to his age in violation of the Age Discrimination in Employment Act and the Idaho Human Rights Act. During the hiring and interview process, the client was specifically asked about his age and how he would be able to work with younger people given his age. This settlement was reached after a "for cause" finding by the Idaho Human Rights Commission, but prior to litigation; the terms, conditions, parties and settlement amount are confidential.
BMC Masonry Supply, Inc. v. Custom Mfg. & Distribution, Inc. d/b/a Custom Building Supply and Alexander Mohr, Canyon County Case No. CV-07-10265C - In October 2008, attorneys of the Firm successfully obtained a Default Judgment in the amount of $31,600.00 against the defendants in this matter. The matter concerned, among other things, defendants' breach of an agreement by BMC to purchase the assets of Custom Building Supply. After successfully opposing defendant Alexander Mohr's motion to be dismissed from the case, discovery was commenced. Eventually defendant's counsel withdrew from the case. Defendants failed to appear following the withdrawal and the Court entered Default Judgment in favor of BMC.
Fernandez v. Aevermann - Members of the Firm successfully represented Mr. and Mrs. Aevermann in an appeal by Ms. Fernandez of a trial court decision in favor of the Aevermanns. In September 2008, in an unpublished opinion, the Idaho Court of Appeals affirmed the trial court decision thus preserving the Aevermanns' hard-fought victory. In October 2008, the Idaho Court of Appeals denied Ms. Fernandez's Petition for Re-Hearing. Currently pending before the Idaho Supreme Court is Ms. Fernandez's Petition for Review by the Idaho Supreme Court.
Dye v. Saleen - In September 2008, members of the Firm successfully obtained a Default Judgment in the amount of $506,172.00 against the defendant. The basis of Mr. Dye's claims were the defendant's failure to pay wages due and owing, as well as various claims concerning defendant's breach of contract.
Confidential Settlement - In July 2008, members of the Firm successfully completed the negotiation of a confidential settlement on behalf of a client who claimed her former physician had proposed inappropriate conduct with the client and her partner. This settlement was reached prior to litigation; the terms, conditions, parties and settlement amount are confidential.
Confidential Settlement - In June 2008, members of the Firm successfully completed negotiation of a confidential settlement on behalf of a client who was severely injured when a treadmill on which he was exercising ceased to function when the facility lost power. The client was thrown from the treadmill when the power failed and suffered, among other injuries, a broken foot. It was alleged the facility had a history of power loss and failed to post warnings to its guests addressing what would occur if power was interrupted during use of the treadmill. This settlement was reached prior to litigation; the terms, conditions, parties and settlement amount are confidential.
Confidential Settlement - In May 2008, members of the Firm successfully completed the negotiation of a confidential settlement on behalf of their client who claimed to have suffered injury due to neglect at a facility where he had been placed for "respite care." Among the acts complained of by the client was the facility's failure to adequately care for his known medical needs, including sleep apnea and the facility's failure to follow the client's care plan, resulting in a broken scapula. This settlement was reached prior to litigation; the terms, conditions, parties and settlement amount are confidential.
Construction matters - In December 2007 and January 2008, members of the Firm successfully negotiated settlements in a number of construction disputes for several of the Firm's construction contractor clients. These settlements included negotiated payments on materialman's liens, settlement of potential claims under the Idaho Notice and Opportunity to Repair Act, and negotiated payments to subcontractors of amounts due prior to filing of liens. These settlements were all negotiated by the Firm prior to the institution of litigation.
Bybee v. Isaac - On January 30, 2008, attorneys for the Firm were successful in an employment law and contract dispute before the Idaho Supreme Court. The jury verdict for the Firm's client was upheld and new Idaho law was made regarding the assignment of non-compete agreements, among other issues. To view the Court's opinion, go to: http://www.isc.idaho.gov/opinions/Bybee.pdf.
Confidential Settlement - In January, 2008, the Firm completed the negotiation of a confidential settlement on behalf of an employee who claimed that his former employer had discriminated against him on the basis of his age. This settlement was reached prior to litigation, and the terms, conditions, parties, and settlement amount are confidential.
Stevenson v. Stephens - In December, 2007, the Firm completed a negotiated settlement in the litigation related to the purchase of the Nouque Ranch, a cattle operation with property in Idaho, Oregon, and Nevada. Members of the Firm successfully completed a court trial in this matter in Malheur County Circuit Court, Oregon, in January, 2007. As part of the settlement, the Firm's client received settlement payments totaling over $350,000.00 and the remaining litigation and pending appeals were dismissed.
DISCLAIMER AND NOTE: The results in prior cases are not determinative of what result might be obtained in your case but instead are for informational purposes only. Every case is factually and legally unique. The results and the information contained on this web page and web site do not constitute legal advice nor do they necessarily reflect the opinions of Kormanik Hallam & Sneed LLP or any of its attorneys, employees, or clients. There is no implicit guarantee that this information is correct, complete, or up-to-date. This web site may be considered advertising in some locations or jurisdictions. The hiring of a lawyer is an important decision that should not be based solely upon written information about past results, qualifications, and experience. This web site is not intended to create an attorney-client relationship between you and Kormanik Hallam & Sneed LLP. You should not act or rely on any information in this web site without seeking the advice of an attorney.
UPCOMING TRIALS/MATTERS
In 2009, the Firm has various trials scheduled, including the matters of:
Farm Bureau Insurance Company v. Gardner, a case in Idaho state court, Payette, County, related to a declaratory judgment action brought by the insurance company and counterclaims brought by Mr. Gardner.
Eastman v. Diagnostic Pathology Services, Inc., a case in Idaho state court, Canyon County, related to wage and breach of contract claims by Dr. Eastman and counterclaims by DPSI.
