Alternative Dispute Resolution
Although our team loves trying cases across Idaho – and has an impeccable record that aptly reflects the skills of our seasoned trial attorneys – we appreciate the need to consider and evaluate resolution strategies throughout every phase of litigation. As such, we are very experienced in the art of evaluation, negotiations, and mediation.
We know clients do not like surprises and we also know our clients heavily rely on our professional opinion as to the chance of prevailing on a case and that is why our clients will never get a 50/50 evaluation from us. To meet our clients’ needs, we provide frequent case evaluations and recommendations regarding resolution strategies early and often, along with a solid estimate of the cost of litigation, so our clients are well informed of the strengths and weaknesses of the case and the associated costs and risks of the case.
In addition, we also have significant experience in arbitration and the unique issues arbitration presents in case evaluation and likelihood of success. From selecting the right arbitrator(s) for a case to streamlining discovery related to arbitration to making our presentation to the arbitrator or arbitration panel, we know how to best help our clients through arbitration.
Our attorneys are also active in the Idaho State Bar’s ADR Section.
Duke Evett has experienced appellate attorneys at both the state and federal level who have argued numerous times before the Idaho Supreme Court and Ninth Circuit Court of Appeals. As part of our work in the appellate field, we participate in the Idaho State Bar’s Appellate Advocacy section, which allows us to work with Idaho judges and practitioners across the state to improve the development of appellate records, briefing, and oral argument.
Bad Faith & Extra Contractual Liability
Our attorneys have spent years handling bad faith and extra-contractual liability claims related to all types of insurance, including commercial, property, health, life, title, and accidental insurance. We counsel clients in all aspects of insurance coverage, including first-party liability, third-party liability, denial of coverage, claims and litigation handling, failure to settle, and duties of good faith and fair dealing.
Class Action Defense
Duke Evett’s Class Action Defense team represents companies, institutions and organizations facing class actions across a broad spectrum of industries, including healthcare, insurance, unfair debt collection practices, retail, and finance and professional services. Our seasoned litigators represent organizations in every facet of class action proceedings – from removal under federal law to motions to dismiss, class certification proceedings, discovery, trial, settlement and appeal.
Commercial & Business Litigation
We understand that litigation puts a strain on our clients and can negatively impact business operations and productivity. We are here to help minimize those negative impacts on our clients’ businesses. Our attorneys represent and defend clients in many different types of commercial and business litigation matters, including breach of contract claims, warranty claims, misrepresentation, misappropriation, fraud and other business tort claims, and unfair or deceptive trade practices.
Our talented team represents builders, general contractors, subcontractors, architects, engineers, insurers and owners in commercial and residential construction litigation. We handle all aspects of construction defect litigation and are committed to finding ways to resolve these disputes efficiently and cost-effectively for our clients.
Duke Evett counsels private and public companies on the many complex employment issues impacting the client’s operations and growth. Our attorneys provide guidance on employment law for employment-related legal matters and human resource questions and concerns, including:
- Wrongful termination
- Employment discrimination
- Sexual harassment
- Wage complaints
- Contract disputes
- Non-compete litigation
- Internal investigation of employment complaints
- Trade secrets and unfair competition
We are committed to helping our clients reduce employment- related risks, providing strategic advice on human resource issues, and defending our clients when litigation is inevitable.
Insurance & Third-Party Liability Coverage
Our attorneys are experienced leaders in advising clients regarding coverage issues and in defending our clients in insurance coverage litigation. We represent and advise insurance carriers in all types of coverage litigation and provide these services in the context of both personal and commercial policies. Our attorneys have the crucial experience to navigate the litigation waters of insurance coverage when disputes often rest on the interpretation of policy language and case law.
When third parties file actions alleging the insured has injured the third party or his/her property, regional and national carriers rely on our attorneys to provide prompt investigations, thorough evaluations, and experienced counsel to provide the best solution to limit their exposure and resolve claims. As a result of our long-standing relationships with experts used in these cases, we are able to access an extensive network of highly qualified experts to develop effective defense strategies for our clients.
Legal Malpractice Defense
Duke Evett defends lawyers and law firms against professional liability claims. Our legal malpractice team is experienced at evaluating the strengths and weaknesses of each case and are known for advancing creative arguments and aggressively pursuing our clients’ defenses. We often obtain summary judgment or get cases dismissed before trail, but when cases do go to trial, we are able to rely on our extensive trial experience and are therefore well prepared to vigorously defend our clients and win their case in court. We are also very comfortable being called in late to try cases on the verge of trial, or to rehabilitate cases that are going poorly.
Duke Evett is a leading defense firm in healthcare litigation well known for our vigorous representation of physicians, hospitals, nurses, dental professionals, and other medical professionals. We have tried and won cases in every corner of the State for our healthcare clients. Our team includes attorneys who have handled all aspects of medical defense, including medical malpractice litigation and trial work, defense of Board of Medicine complaints, and credentialing matters.
Strategies like the reptile theory and other plaintiffs’ tactics can only be effectively addressed with early preparation and theme development. We pride ourselves on having an extensive network of medical experts, both locally and nationally, who assist us in developing and refining our defense strategies and themes from the very beginning of the case. Such theme development is crucial not only to the successful presentation of the medical issues, but to preparing for every deposition from the plaintiffs to treating physicians to the medical experts to preparing and defending the healthcare providers’ depositions.
Duke Evett provides a full range of legal service to:
Health Care Providers, including:
- Physician Assistants
- Nurse Practitioners
- Physical Therapists
- Naturopathic Physicians
Health Care Facilities, including:
- Skilled Nursing Facilities
- Assisted Living Facilities
- Home Health Companies
- Hospice and Palliative Care Providers
- Group Homes
- Psychiatric and Mental Health Facilities
Manufacturers and Related Entities, including:
- Pharmaceutical Manufacturers
- Medical Device Suppliers and Manufacturers
- Nutritional Supplement Manufacturers
- Health Care Technology Companies
Pharmaceutical & Medical Device Defense
Duke Evett has extensive experience defending product liability claims for companies that design, develop, manufacture, and market pharmaceuticals, medical devices, and cosmetic devices. We have a great network of experts we readily access to assist in these various claims and to assist in responding to the damages alleged.
Our attorneys represent entities in all types of premises liability litigation. Our team has extensive knowledge and experience evaluating liability and damage claims and aiding our clients in protecting their assets and investments.
In Idaho, claimants must prove that any damages sustained arose from an unreasonably dangerous condition on the premises of which the business had notice. Whether a condition is unreasonably dangerous often depends on the businesses ability to demonstrate compliance with appropriate standards of care. Duke Evett has the experience and knowledge to effectively defend our clients against adverse standard of care allegations in all stages of the process from pretrial negotiations through trials.
Product Liability Defense
Duke Evett successfully defends clients against product liability claims through an understanding of the case’s legal complexities; possessing extensive knowledge and appreciation of the product design, testing and quality control procedures; and possessing an in-depth understanding of the technical and scientific principles of the product. This comprehensive approach has made us one of the top product liability defense firms in all of Idaho. We have successfully defended hundreds of wrongful death, catastrophic personal injury and other product liability claims brought against manufacturers of a variety of products and distributors in an array of industries. Our extensive experience includes cases involving:
- Medical devices
- Automobiles and Trucks
- Food and beverages
- Home appliances and other household products, including water heaters and fireplaces
- Lawn and garden equipment
- Hardware and tools
- Farm equipment
- Outdoor products (including gas grills)
- Chemicals and other toxic products
Professional Liability Defense
Duke Evett defends professionals in an array of industries. We counsel and defend accountants, architects, board of directors, engineers, lawyers, physicians, and real estate agents when their actions have been questioned. We also represent professionals before licensing and professional oversight boards in actions taken against their licenses. Our team has extensive experience defending professionals and we understand the effects that claims can have on our clients’ professional and personal lives. While we have a great track record of getting these cases dismissed on a motion for summary judgment, we know that many of these cases need to be tried and our attorneys have the experience, dedication and knowledge to strenuously advocate for our clients in court, and win
Skilled Nursing & Assisted Living Defense
Duke Evett understands the special care needed in complex and sensitive skilled nursing, assisted living, and home health defense. Long-term care administrators and risk managers trust our team to vigorously defend their interests when litigation arises from resident and client care claims. We acknowledge the complicated, but delicate relationships that exists between the long-term care providers, their residents, and immediate family members and we strive to resolve each case in an effective, professional and respectful manner.
Duke Evett defends transportation companies when trucking or other transportation-related accidents occur. Our attorneys have the training and experience to mount effective legal defense strategies given the cases often involve catastrophic injury or death. To aggressively defend claims, our transportation team is committed to staying on top of the technological advancements in the industry; implementing the transportation standards of care and accident reconstruction; and monitoring recent court decisions and legislative initiatives–all to mount the most arduous legal defense strategies for our clients.
Rapid Response Team:
Our Rapid Response Team is here for you 24-hours a day, 365 days a year to provide immediate counsel and guidance to our clients when transportation-related accidents occur. Quick attorney involvement gets eyes on the scene which often results in better outcomes for our clients.