Moore Elia & Kraft has extensive experience in civil litigation and we represent clients in a broad array of practice areas, such as personal injury & wrongful death, negligence, aviation litigation, insurance law, civil rights, premises liability, product liability, trucking liability, construction defect, automobile accidents, employment law, and nursing home liability.  We represent a diverse clientele consisting of private individuals, local businesses, national corporations, insurance companies, and governmental entities including the State of Idaho.  We strive to provide our clients with the best and most cost-effective representation, and frequently represent our clients in Alternative Dispute Resolution (ADR) proceedings and on appeal before Idaho’s highest courts.

Alternative Dispute Resolution

Moore Elia & Kraft has extensive experience in Alternative Dispute Resolution (ADR) and we utilize ADR as a means to provide efficient and cost-effective representation to all of our clients.  In addition, Michael J. Elia of our firm holds a certificate from the Northwest Institute for Dispute Resolution in Civil Mediation and is a member of the mediation panel for the United States District Court, District of Idaho. With his background as a civil trial attorney, a hearing officer for the State of Idaho, and familiarity with our court system and community, Mike brings to mediation a unique perspective to assist parties in resolving their disputes in mediation settings before the full expense of the litigation process is incurred. In the context of arbitration, Mike is prepared to serve as the sole arbitrator or as a member of an arbitration panel.

Automobile Accidents

Automobile accidents are a frequent cause of injury and property damage in the United States. Car accidents can happen for a number of different reasons and result in many different types of injuries. Moore Elia & Kraft is well-versed in Idaho’s “Rules of the Road”, Idaho Code § 49-601, et seq., and is proficient in preparing these types of cases for trial, arbitration, and settlement.  Our firm frequently represents drivers of passenger vehicles, utility vehicles, and long-haul trucks in litigation involving all types of personal injury and property damage claims.

Construction

Moore Elia & Kraft is skilled and experienced in representing clients in litigation involving the design, development, and construction of real property.  Our practice involves representing members of the construction industry, public entities, and sureties in personal injury, death, property damage, warranty, construction defect, and breach of contract claims.  Our firm also represents clients in the litigation of asbestos and other industrial exposure injuries.

Federal Civil Rights

Moore Elia & Kraft is skilled and accomplished in defending clients on a broad spectrum of state and federal civil rights claims. We frequently represent governmental entities and individual civil servants in lawsuits alleging employment claims, due process and equal protection violations, and allegations arising under 42 U.S.C. §1983, including claims of excessive force, cruel and unusual punishment, and deliberate indifference.  Our firm proudly represents the State of Idaho and numerous municipalities, counties, and other governmental entities throughout Idaho.

Governmental Entity Defense

Moore Elia & Kraft represents the State of Idaho, numerous cities and counties, and other Idaho political subdivisions in lawsuits involving personal injuries, contract disputes, and civil rights violations.  In both the state and federal courts of Idaho, governmental entities and their employees enjoy a number of immunities and limitations on recoverable damages. Our firm has extensive experience navigating through the applicable Idaho Code provisions and federal civil rights case law, and we strive to give our clients the best representation possible during the litigation process.

Nursing Home Liability

Injuries occur in nursing homes even when the facility and its staff provide nursing care which meets or exceeds the standard of care.  These injuries often lead to claims of abuse and neglect against nursing home facilities. Moore Elia & Kraft has comprehensive experience in the area of Nursing Home and Long Term Care litigation. We provide knowledgeable counsel and strong advocacy for nursing homes and assisted living facilities. We strive to provide proactive and effective defense strategies and we are often successful in helping our clients achieve favorable outcomes even before litigation is formally commenced.

Premises Liability

Idaho has a large and complex body of case law governing the liability of landowners and tenants when visitors are injured on property under their control. Moore Elia & Kraft has an expansive knowledge of Idaho’s premises liability laws and has represented a diverse clientele, including private landowners, businesses, farms, residential landlords, and governmental entities, in lawsuits filed all over Idaho.  Very recently, in 2011, our firm successfully represented a large commercial client before Idaho’s appellate court, which culminated in a thoughtful opinion, Antim v. Fred Meyer Stores, Inc., 150 Idaho 774, 251 P.3d 602 (Ct. App. 2011), that reaffirmed and expanded Idaho’s premises liability law.

Professional Negligence

Moore Elia & Kraft represents numerous types of professionals in disciplinary proceedings and malpractice litigation throughout Idaho.  Our diverse clientele includes attorneys, corporate directors and officers, and health care providers. Moore Elia & Kraft understands that our clients’ reputations, careers, and livelihood often depend upon achieving a favorable outcome.  We strive to provide a strong and effective defense for our clients from the onset of a complaint and throughout the entire disciplinary proceeding or litigation process.

Appellate Practice

Litigated controversies often result in appeals.  As a result, it is critical to have experienced Idaho appellate counsel involved throughout all stages of the Idaho appeal processes.   As a litigation firm focused on Idaho law, Moore Elia & Kraft frequently represents clients on appeals before the Ninth Circuit Court of Appeals, the Idaho Supreme Court, and the Idaho Court of Appeals.  Our firm keeps abreast on applicable Idaho precedent, splits in authority, composition of the state appellate courts, and Idaho sentiment on issues of unsettled law.

As members of the Idaho Association of Defense Counsel, the Defense Research Institute, and the Idaho Federal Bar Association,Moore Elia & Kraft is familiar with national legal trends as well as the conservative values and issues of our Idaho Courts. Moore Elia & Kraft serves as appellate counsel for a variety of clients in cases raising state and federal statutory issues, federal and state constitutional issues, and common law claims and defenses that may arise in the various practice areas described on this website.

Aviation Litigation

Moore Elia & Kraft has handled aviation litigation in Idaho State and Federal Court for many years.  Our firm has represented many of the national airlines and fixed-based operators in Idaho.  We also handle product liability litigation for aerospace manufacturers, component suppliers, overhauling agencies, and repair agencies.  We are routinely hired by many of the aviation insurers operating in the United States to represent their insureds in matters involving aircraft and helicopter accidents in Idaho, and in aviation litigation filed in Federal and State Court in Idaho.

Employment Law

Moore Elia & Kraft has considerable experience in defending Idaho employers against a wide range of employment claims, including wrongful termination, sexual harassment, and racial, gender, age, and disability discrimination.  We represent clients in proceedings before the Idaho Human Rights Commission, the Equal Employment Opportunity Commission, and in Idaho’s state and federal Courts.  Our firm is well-versed in handling all aspects of state and federal employment discrimination laws, including claims arising under the Idaho Human Rights Act, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination and Employment Act, and the Family and Medical Leave Act of 1993.

General Negligence

Moore Elia & Kraft is very skilled in defending a myriad of general negligence claims in addition to claims involving premises liability, products liability, wrongful death and property damage.  We take pride in our ability to examine the unique circumstances of each negligence claim and in developing the best strategy to defend our clients. We understand the vulnerability that can come from civil tort allegations and aggressively work to protect our clients and their interests throughout the litigation process.

Insurance Law

Moore Elia & Kraft serves as counsel for multiple insurers throughout Idaho.  From the representation of insureds, to matters of coverage and/or insurance regulation, Moore Elia & Kraft has handled disputes in litigation, arbitration, and administrative processes throughout Idaho. Our firm has experience defending first party and third party claims, excess and bad faith lawsuits, and corporate and agency relations with the applicable regulators. Moore Elia & Kraft has access to the latest Idaho Appellate and Idaho District Court decisions and routinely provide insurance coverage opinions concerning comprehensive/general, automobile, homeowner, employer, construction defect, aviation, and errors and omissions policies.  Our firm is experienced in handling declaratory judgment actions in State and Federal Court and litigating bad faith disputes.

Personal Injury & Wrongful Death

Moore Elia & Kraft represents the State of Idaho, numerous cities and counties, and other Idaho political subdivisions in lawsuits involving personal injuries, contract disputes, and civil rights violations.  In both the state and federal courts of Idaho, governmental entities and their employees enjoy a number of immunities and limitations on recoverable damages.  Our firm has extensive experience navigating through the applicable Idaho Code provisions and federal civil rights case law, and we strive to give our clients the best representation possible during the litigation process.

Product Liability

In 1980, the Idaho Legislature passed the “Idaho Product Liability Reform Act”, Idaho Code § 6-1401, et seq., which dictates when manufacturers and sellers of goods are liable for injuries and property damage caused by allegedly defective products.  Moore Elia & Kraft is proficient in navigating through the complexities of the Act and subsequent case law interpreting and applying the same.  Our firm represents manufacturers, product sellers, and end users in lawsuits where allegations of defective or dangerous products are involved.

Trucking Liability

Moore Elia & Kraft represents national, regional, and local trucking companies and transportation liability insurers in litigation.  Our firm is accomplished in defending accidents and collisions resulting in all kinds of property damage and personal injuries, including claims of wrongful death.  We proudly provide our clients with aggressive and cost-effective representation when investigating the cause of the accident, collecting evidence, obtaining expert testimony, and preparing liability claims for trial or settlement.