Boise Attorneys

Raymond D. Powers

Partner

Ray Powers has practiced in Boise, Idaho, since 1981. His practice focuses on civil litigation, including complex litigation, insurance bad faith, medical malpractice, professional licensing and privileging matters, personal injury and products liability. Mr. Powers is a trial lawyer with a successful record of trying and winning a broad spectrum of cases, including class actions against medical devices. His jury trial experience is extensive and encompasses a wide range of matters, from defending insureds in auto accident cases, corporate retailers in premises liability suits, product manufacturers in personal injury claims, architects in malpractice suits and breach of contract claims, to representing physicians in mult-million-dollar brain damaged baby cases.

For 2019, Mr. Powers was recently recognized by Best Lawyers as the Lawyer of the Year in Boise in Product Liability Litigation-Defendants. He has defended pharmaceutical companies and medical device manufacturers throughout his career in multistate litigation and class actions. His litigation experience ranges from contraceptive devices to pharmaceuticals to orthopedic implants.

Mr. Powers holds an AV rating from Martindale-Hubbell. He is a fellow in the American College of Trial Lawyers (ACTL). He is annually recognized as a Mountain States Super Lawyer since 2010. He was named The Best Lawyers’ Boise Medical Malpractice Lawyer of the Year in 2011. He is annually selected as one of The Best Lawyers in America for his litigation skills and experience, particularly his work in the fields of defending medical malpractice, personal injury, and products liability actions throughout the state of Idaho, and has been included in the 2013 Best Lawyers in America, 19th Edition, in these practice areas. He appears as an invited guest speaker on medical malpractice issues for Medical Insurance Exchange of California and for The Doctors Company.

EDUCATION

• B.A., Alfred University, 1978
• J.D., Ohio Northern University, 1981

Affiliations:

• Admitted, all Idaho state courts
• Admitted, U.S. District Court for the District of Idaho
• Admitted, all Washington state courts
• Admitted, U.S. District Court for the Eastern and Western Districts of Washington
• Admitted, U.S. Court of Appeals for the Ninth Circuit
• Member, Idaho Association of Defense Counsel
• Fellow, American College of Trial Lawyers
• Former Member, Idaho Brain Injury Association
• Former Member, Board of Directors of the University of Washington Family Practice Residency Program

 

Donald J. Farley

Donald J. Farley has practiced in Boise, Idaho, since 1975. He successfully brought to trial numerous cases in aviation, premises liability, truck and auto collisions, machine and equipment failure, pneumatic nailer cases, fire and property damage cases, intellectual property disputes, employment cases, commercial and business disputes and contract claims, and insurance coverage cases.

In the fall of 2003, Mr. Farley was inducted as a Fellow of the American College of Trial Lawyers. Mr. Farley is a member of the American Bar Association, its Tort and Insurance Practice and Litigation Sections, and the ABA’s Committee on Product Liability Litigation. He was named lawyer of the year in Product Liability Litigation in 2011 by Best Lawyers. He is a member of the International Association of Defense Counsel, and serves on its Casualty Insurance, Product Liability and Business Litigation Committees. He served on the committee that drafted the Idaho Rules of Evidence and is a former law clerk to the Honorable J. Blaine Anderson, District Judge, United States District Court for the District of Idaho. Mr. Farley also has been a lecturer and a contributing author to various programs sponsored by the Idaho Law Foundation and the National Business Institute.

Mr. Farley was a founding shareholder of Hall, Farley, Oberrecht & Blanton, P.A., in practice from 1988 to 2012. He served as the firm’s managing shareholder. Mr. Farley will continue to maintain his commitment to his clients at Powers Farley.

Education:

• Bachelor of Arts in Economics, University of Idaho, 1970
• J.D., University of Idaho, 1973

Affiliations:

• Admitted, All Idaho state and federal courts
• Admitted, U.S. Supreme Court
• Admitted, U.S. Court of Appeals for the Ninth Circuit
• Member, American Bar Association
• Member, Idaho State Bar Association
• Member, Idaho Association of Defense Counsel
• Member, International Association of Defense Counsel
• Member, Defense Research Institute
• Fellow, American College of Trial Lawyers

James S. Thomson, II

Shareholder

Jim Thomson has practiced law in Idaho since 1997, representing individuals and businesses in a variety of legal disputes. For the past 20 years, Mr. Thomson’s practice has focused on general civil litigation, and has included serving clients in matters involving insurance breach of contract and bad faith, personal injury, wrongful death, workers’ compensation claims, motor vehicle accidents, premises liability, product defects, construction defects, construction disputes, contract disputes, civil rights issues, professional malpractice, medical & dental malpractice, professional board licensing actions, as well as error and omission claims against insurance agents. In addition to guiding and managing hundreds of disputes through pre-trial litigation, including negotiated resolutions and mediation, Mr. Thomson is an experienced trial lawyer, having tried several cases to juries and arbitration panels.

Mr. Thomson is uniquely qualified in the area of insurance coverage and bad faith law, having developed extensive experience evaluating coverage matters, as well as handling coverage and bad faith related litigation arising under both personal and commercial insurance policies. Through his experience Mr. Thomson has developed a vast knowledge base that includes a comprehensive understanding of insurance company operations and claims-handling practices, problems arising in claim-handling that can lead to breach of contract and bad faith-related claims, as well as numerous insurance policy coverage-related issues that arise across the spectrum of commercial and personal lines policies. Mr. Thomson’s insurance coverage practice has included insurance coverage litigation (declaratory judgment actions, breach of contract and bad faith claims) in both state and federal courts, insurance policy analysis and interpretation, examinations under oath, addressing various coverage issues arising under automobile and homeowner policies, commercial general liability policies (including construction defect litigation), professional liability policies, and umbrella/excess policies, as well as advising and training on insurance claims and underwriting practices, assistance in drafting proposed legislation affecting the insurance industry, and insurance policy drafting assistance.

Through his other broad range of experience, Mr. Thomson has developed knowledge of motor vehicle accident investigation and reconstruction techniques, fire investigations, causation of various physical and mental injuries and resulting damages, as well as construction methods, contracts, project management and claims pertaining to construction defects. Mr. Thomson has successfully represented home builders and other general contractors and subcontractors on matters ranging from injury claims to construction defect claims valued at several million dollars. Mr. Thomson’s personal injury practice also includes knowledge of work-related injuries and workers’ compensation claims. Mr. Thomson has attended the advanced level training for workers’ compensation professionals offered by the Idaho Industrial Commission.

Mr. Thomson joined the legal profession in 1997 and first came to Idaho as an active duty attorney with the United States Air Force Judge Advocate General’s Department, stationed at Mountain Home Air Force Base, Idaho. As an Air Force attorney, he prosecuted criminal cases before military courts-martial and as a Special Assistant United States Attorney for the District of Idaho. He also worked in a variety of civil practice areas, including environmental law and government contract law. Mr. Thomson and his family made Idaho their home, and he departed the Air Force to begin his practice in civil litigation in late 2000.

Appellate Practice

Mr. Thomson has appeared before both the Idaho Court of Appeals and Idaho Supreme Court, prevailing in the following cases:

Walsh v. Swapp Law, PLLC, 166 Idaho 629, 462 P.3d 607 (2020) (accrual of statute of limitations on legal malpractice claim)

• Farm Bureau Mut. Ins. Co. of Idaho v. Schrock, 150 Idaho 817, 252 P.3d 98 (2011) (upholding exclusion in umbrella policy for household members; interpretation concerning extent of imputed motor vehicle owner liability under Idaho Code 49-2417)
• Jackson Hop, LLC v. Farm Bureau Mut. Ins. Co. of Idaho, 158 Idaho 894, 354 P.3d 456 (2015) (prejudgment interest on arbitration award)
• Khurana v. AMCO Insurance Company, 2017 WL 4322367 (Idaho Ct. App., Sept. 29, 2017) (appeal from summary judgment in insurance breach of contract and bad faith case involving property insurance policy)

Mr. Thomson also participated in the following appeals before the Idaho Supreme Court:

• Dillon v. Montgomery, 138 Idaho 614, 67 P.3d 93 (2003) (award of prejudgment interest in breach of contract case)
• Gillihan v. Gump, 140 Idaho 264, 92 P.3d 514 (2004) (award of attorney fees to prevailing defendant in personal injury action under Idaho Code 12-120)
• Puckett v. Verska, 144 Idaho 161, 158 P.3d 937 (2007) (scope of new trial; discretionary costs; jury instructions; reconsideration of summary judgment)

Education:

• B.S. in Business Administration, University of Florida, 1990
• J.D. with Honors, University of Memphis, 1996

Affiliations:

• Admitted, all Idaho State courts
• Admitted, U.S. District Court for the District of Idaho
• Admitted, U.S. Court of Appeals for the Ninth Circuit
• Admitted, U.S. Air Force Court of Criminal Appeals
• Admitted, U.S. Court of Appeals for the Armed Forces
• Member, American Bar Association Section of Litigation
• Member, American Bar Association Tort Trial and Insurance Practice Section
• Member, American Bar Association Insurance Coverage Litigation Committee
• Member, American Bar Association Forum on Construction Law
• Member, Idaho Association of Defense Counsel
• Member, Defense Research Institute
• Member, Harmonie Group (Construction Committee; First-Party Property Committee)
• Member, Boise Adjuster’s Association (President 2009 & 2015)
• Member, Building Contractors Association of Southwestern Idaho

Other Memberships / Activities

• Member, U.S. Masters Swimming
• Member, Boise Gun Club (trap & skeet shotgun sports club with history dating back to 1892)
• Member, Pacific International Trapshooting Association

Presentations:

• Harmonie Group – CGL construction defect coverage presentations for Construction & Transportation seminars in Dallas, TX; Denver, CO; and Atlanta, GA (June – August 2017)
• Harmonie Group – Presentation on use of autonomous vehicles and equipment in construction for Construction & Transportation seminar in Denver, CO (August 2018)
• Harmonie Group – Presentation on waivers of consequential damages in construction contracts for Construction seminars in Chicago, IL; and Denver, CO (July – August 2019)
• Defense of automobile injury cases
• Insurance agent loss prevention
• Discovery skills
• Various client presentations on insurance coverage and bad faith-related topics

Portia L. Rauer

Portia Rauer is a native of eastern Idaho and graduated summa cum laude from the University of Idaho with a Bachelor of General Studies degree in 2003. She received her Juris Doctorate degree from the University of Idaho, College of Law in 2005. During law school, Ms. Rauer was Editor-in-Chief of the Idaho Law Review, vice-president of the Women’s Law Caucus, and winner of the Idaho State Bar Water Law Writing Competition.

She joined Hall, Farley, Oberrecht & Blanton as an associate in September 2005, with over 15 years of experience in the legal field. Before attending law school, Ms. Rauer was a paralegal in a general practice law firm in Rexburg, Idaho, where she gained knowledge in water law, real estate transactions, probate, and litigation.

Ms. Rauer is licensed to practice law in all courts of the State of Idaho, the State of Washington, the United States District Court for the District of Idaho, the United States District Court for the District of Eastern Washington, and the United States Court of Appeals for the Ninth Circuit. She is also a member of the American Bar Association, the Idaho State Bar, the Washington State Bar, and Idaho Women Lawyers. Her practice focuses on complex civil litigation, with an emphasis on healthcare litigation; professional licensing, credentialing, and privileging matters for healthcare providers; professional liability claims; commercial and casualty litigation; product liability; and agriculture and employment law.

Throughout her legal career, Ms. Rauer has participated in over two dozen bench and jury trials. In addition, she has participated in a number of appeals before the Idaho State Supreme Court. Ms. Rauer also has experience in governmental relations as a registered lobbyist having appeared before the Idaho Legislature on healthcare issues.

Affiliations:

• Admitted, All Idaho state courts
• Admitted, All Washibgton state courts
• Admitted, U.S. District Court for the District of Idaho
• Admitted, U.S. District Court for the District of Eastern Washington
• Admitted, U.S. Court of Appeals for the Ninth Circuit
• Member, American Bar Association
• Member, Idaho Bar Association
• Member, Washington Bar Association
• Member, Idaho Women Lawyers
• Member, Defense Research Institute
• Member, Idaho Association of Defense Counsel
• Member, Boise Adjusters Association

Publications:

Portia Jenkins & John J. Burke, The Battle Continues … The New FDA Preemption Preamble, FOR THE DEFENSE, July 2007, at 40-46.

 

Mark J. Orler

Partner

Mark counsels clients on a variety of complex civil litigation issues. Mark began practicing law in 2006 and associated with the firm upon its formation in 2008. He is a native of Billings, Montana and graduated from the University of Montana with a Bachelor of Science (Biology) degree and a Bachelor of History degree in 1995. Prior to attending law school at the University of Idaho, Mark co-founded a technical recruiting firm dedicated to pairing professionals in the hi-tech industry with emerging technology companies located in Silicon Valley. He worked in that industry for approximately seven years, gaining invaluable and practical real world experience.

After several years as a small business owner, Mark returned to school as a non-traditional student to earn his law degree. He received his Juris Doctorate degree with honors from the University of Idaho, College of Law in 2006. During law school, Mark was a member of the Idaho Law Review. Mark is admitted to practice law in all courts of the State of Idaho and the United States District Court for the District of Idaho.

His practice at Powers Farley focuses on complex civil litigation issues, with an emphasis on personal injury, trucking, wrongful death, brain injury, sexual abuse and insurance litigation. During his 14 years of litigation practice, Mark has participated in jury trials at the trial court level and has also been involved in appeals before the Idaho State Supreme Court. Overall, he has been exposed to a wide variety of disputes and his strength is his ability to understand complex facts and applicable law governing the dispute at hand to obtain successful resolutions for his clients. Mark is ready to put that knowledge to work on behalf of the clients he has the honor and privilege of representing.

Education:

• B.S. in Biology and B.A. in History, University of Montana
• J.D. with Honors, University of Idaho, 2006

Affiliations:

• Admitted, all Idaho state courts
• Admitted, U.S. District Court for the District of Idaho
• Member, American Bar Association
• Member, American Bar Association Tort and Insurance Practice Section
• Member, Idaho State Bar Business & Corporate Law, Litigation
• Member, Boise Adjusters Association
• Member, Idaho Association of Defense Counsel

W. Dustin Charters

Shareholder

Dustin is a native of the area, growing up in Emmett, and through that gained a wealth of knowledge regarding large equipment, livestock, and general farming practices. His experiences growing up on a farm helped mold his character and work ethic. He graduated from Gonzaga University with a B.S. in political science and earned his law degree from the University of Idaho in 2011. After law school, Dustin clerked for the Honorable Chief Judge David W. Gratton of the Idaho Court of Appeals.

Since joining the firm in April 2013, Dustin’s practice has focused on complex civil litigation, with an emphasis on personal injury, professional liability, and construction matters. Dustin has also developed a keen affinity and knowledge base handling a wide array of insurance law issues, including policy interpretation, coverage analysis, and bad faith litigation.

As part of his practice, Dustin has investigated and handled every aspect of preparing a case for trial. He has experience in the investigation of accidents, analyses of injuries sustained, and assessing the need for future care. He has also worked with a litany of experts to understand not only how an accident occurs, but also the medicine involved in the treatment of an injury. On behalf of his client, Dustin has successfully briefed and argued a wide array of motions, including complex motions for summary judgment.

Dustin is licensed to practice law in all courts of the State of Idaho, the United States District Court for the District of Idaho, and the United States Court of Appeals for the Ninth Circuit. He became a shareholder with the firm in 2020.

When Dustin is not in the office or the courtroom, he can be found enjoying time with his family or on the golf course.

Education:

• B.A. in Political Science, Gonzaga University, 2008
• J.D., University of Idaho, 2011

Affiliations:

• Admitted, all Idaho State courts
• Admitted, U.S. District Court for the District of Idaho
• Admitted, U.S. Court of Appeals for the Ninth Circuit
• Member, American Bar Association
• Member, Idaho Association of Defense Counsel
• Member, Defense Research Institute
• Member, Idaho State Bar Litigation Section
• Member, Idaho State Bar Corporate and Business Law Section
• Member, Boise Adjuster’s Association

John M. Howell

John is a graduate of Saint John’s University in Minnesota. John continued his education at the University of Idaho College of Law, graduating in 2000. While in law school John worked on Governor Phil Batt’s staff, the Federal Defenders of Eastern Washington and Idaho, and also externed for the Honorable Edward J. Lodge of the Federal District of Idaho. Following law school John served as law clerk for the Honorable Cheri C. Copsey in the Fourth Judicial District for the State of Idaho. John entered private practice thereafter.

John’s practice focuses upon business litigation and tort defense, including products liability and medical malpractice. He also has an active real estate, employment and corporate law practice. John further represents trusts and trustees in contested estate issues and handles collection actions for various creditors throughout Idaho. He serves on the Criminal Justice Act Panel in Federal Court. He is a frequent presenter to other lawyers for continuing legal education. John is admitted to practice in the United States District Court for the District of Idaho, the Ninth Circuit Court of Appeal, and all Idaho state courts.

Outside of the office John enjoys family time with his wife and four children. He is active in the Idaho hockey community and coaches teams that travel throughout the United States and Western Canada. John also serves as the Hockey Director and board member for the Idaho Jr. Steelheads hockey program.

Cody J. Witko

Cody is an Idaho native, born and raised in Bonners Ferry. He received two Bachelor of Science degrees from the University of Idaho, only to return to the University of Idaho College of Law, where he graduated magna cum laude in 2017. While attending law school, Cody held an externship for the Honorable John T. Mitchell, interned at a law firm in Coeur d’Alene, worked as a research assistant to Professor Benjamin Cover, and acted as assistant to the U.S. Bankruptcy Trustee, J. Ford Elsaesser.

After graduating from law school, Cody took a position as a law clerk for the Honorable John R. Stegner of the Second Judicial District of Idaho. Subsequently, the recently appointed Justice Stegner offered Cody a law clerk position at the Supreme Court of Idaho, where he worked for just over a year. During his time in law school and clerking, Cody developed a keen affinity for civil litigation. Cody’s practice will focus on civil defense, business litigation, real estate, and corporate law.

Education:

• B.S. in Psychology, University of Idaho, 2011
• B.S. in Philosophy, University of Idaho, 2012
• J.D., University of Idaho, 2017

Affiliations:

• Admitted: All Idaho State Courts, U.S. District Court for the District of Idaho

Kellen C. Kinder

Kellen was born and raised in Boise, Idaho and spent most of his life growing up in Star, Idaho. He graduated from the University of Idaho with a B.S. in political science. While attending college, he interned for the Lieutenant Governor of Idaho and was an intern in the United States Senate in Washington D.C. During his time in law school at the University of Idaho, Kellen spent several summers working as an intern for a local private law firm in Boise, honing his legal research and writing skills in personal injury cases. Like many other Idahoans, Kellen enjoys Idaho’s easily-accessible outdoor recreation areas by backpacking, skiing, and paddle-boarding.

Education:

• B.S. in Political Science, University of Idaho, 2015
• J.D., University of Idaho, 2019

Affiliations:

• Admitted: All Idaho State Courts, U.S. District Court for the District of Idaho

Chynna K. Castoro

Chynna was raised in Boise, Idaho. She received her bachelor’s degree in business administration from Boise State University. In 2018, Chynna graduated Cum Laude from the University of Idaho College of Law. While attending law school, Chynna dedicated her summers to judicial externships with the Fourth Judicial District Court and the Idaho Supreme Court with Chief Justice Roger S. Burdick. Chynna also interned with the Office of the General Counsel for Boise State University and worked as a research assistant to professor Shaakirrah Sanders.

Prior to joining Powers Farley, Chynna served as a law clerk to Justice Gregory W. Moeller of the Idaho Supreme Court and Judge Richard D. Greenwood of the Fourth Judicial District Court.