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Idaho Supreme Court justices exchange barbs

By The Associated Press
Published On: Feb 16 2014 10:14:46 AM MST
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BOISE, Idaho -

An Idaho Supreme Court justice in the minority in a recent 3-2 ruling says his colleagues decided the case based not on good law but on the side they wanted to see win.
    
The Idaho Statesman reports (http://bit.ly/1lWTofQ) that Justice Daniel T. Eismann wrote a 34-page dissent following a case decided Friday.
    
Eismann writes: "It is the courts that make bad law in the process of deciding cases based solely upon whom they want to win or lose."
    
Justice Warren E. Jones says Eismann's remarks are scurrilous and unfounded personal attacks.
    
The case involves a woman who filed a lawsuit against a medical facility contending that's where she got an infection that led to the amputation of her lower left leg.
    
A majority of the justices say a lower court erred by excluding an affidavit from the plaintiff's doctor while admitting one from a defense doctor.