Litigation

Bradley Prowant, Associate in the Litigation group at the firm’s Minneapolis and Boise offices, outlines how the Perishable Agricultural Commodities Act (PACA) protects fruit and vegetable growers from nonpayment and unfair conduct. Enacted to level the playing field between growers and buyers, PACA offers powerful remedies, including preferred creditor status in bankruptcy, the ability to secure quick relief through the USDA, and a statutory trust that allows growers to recover proceeds from produce sales before other creditors are paid. These protections apply to fresh and frozen produce alike and are especially valuable for smaller growers dealing with larger buyers, helping ensure they receive prompt payment without the burden of drawn-out litigation.

Nicole Hancock, Partner in the Litigation group at Stoel Rives’ Boise office, shares how practicing in Idaho’s close-knit legal market provided a foundation for building a national litigation practice. Leveraging the firm’s platform, she has represented Idaho-based clients across the country, working alongside local counsel to combine deep knowledge of client industries with jurisdiction-specific expertise. Her work includes leading a cross-office team in a record-setting, multi-month USDA modernization hearing on behalf of the National Milk Federation, resulting in significant Federal Milk Marketing Order changes.

Nicole Hancock, Partner in Stoel Rives’ Boise office, discusses the shifting litigation landscape in Idaho and beyond. Post-pandemic, she notes a marked increase in case filings and a sharp rise in jury awards, with million-dollar-plus verdicts becoming more common. Coupled with economic uncertainty, these trends are prompting both more willingness to litigate and greater motivation to settle to control risk. Hancock also examines how federal court backlogs are influencing strategy—sometimes making it advantageous to file in state court for faster resolution, or in federal court for a slower pace and the higher unanimous jury standard. She outlines how these factors are shaping client decisions on where and how to litigate in today’s environment.

Nicole Hancock, Partner in Stoel Rives’ Boise office, discusses how the firm helps clients push back against repeat or opportunistic lawsuits. She explains that in Idaho’s small plaintiff’s bar, certain entities can become targeted after large settlements, creating a pattern of claims that drain resources and reputations. Stoel Rives steps in when clients want to change the narrative—sending a clear message that they are not easy targets for litigation.

When businesses face major losses—fires, environmental liabilities, cyberattacks—insurance is supposed to be the safety net. But what happens when claims are denied or delayed?