Reed J. Taylor, an Individual, Plaintiff-Appellant v. Michael E. McNichols, an Individual; Clements, Brown &…

Summary

The Idaho Supreme Court affirmed dismissal of Taylor's claims against opposing counsel and affirmed denial of leave to amend. It held that Idaho recognizes a litigation privilege protecting attorneys from civil claims based on conduct or communications undertaken within the scope of representing a client in litigation, absent independent acts or actions solely for the attorney's own interests. The court also held that Taylor's pleadings were independently deficient, his proposed derivative claims were barred by lack of shareholder standing, and most attorney-fee awards were proper. Justice Hosack, specially concurring, agreed with the analysis and result but would have treated the litigation privilege alone as determinative.