Boise State has paid $1 million and counting to defend Big City lawsuit

Boise State has spent nearly $1 million defending a lawsuit brought against the school and some of its employees by Big City Coffee.

The lawsuit has racked up $989,458.55 in costs to the school through early August, according to a report provided by the school under Idaho’s Public Records Act.

The suit, which Big City and owner Sarah Jo Fendley won in a jury trial earlier this month, was earlier pared down by a judge, removing Boise State and several employees from the initial $10 million claim.

The jury ruled Boise State’s Chief Financial and Operating Officer and Vice President for Finance and Operations, Alicia Estey, and former Vice President for Student Affairs and Enrollment Management, Leslie Webb, were on the hook for $3 million in damages for business losses, mental and emotional distress, personal humiliation and lost reputation.  The jury also ruled Webb liable for another $1 million in punitive damages.

The records show costs billed to the university by three firms through early August. They do not include any invoices after Aug. 6, including the period of the trial this month.

Idaho-based firm Duke Evett invoiced the school for $564,288.69, all costs incurred this year.

Utah-based firm Kirton McConkie came in second with $419,660.29, running from May of 2021, when the case was filed through this year.

During the trial, Estey said the first attorney in the case was later found to have a conflict; then, a second attorney died during the case. The school then hired Duke Evett, who worked with the co-counsel from Kirton McConkie.

Another $5,509.97 in costs were paid to Dianne E. Cromwell, a court reporter.

Boise State noted to BoiseDev in a statement that the costs were part of its “statutory obligation” to defend the university and employees against the lawsuit.

“The university respectfully disagrees with the verdict and intends to appeal, as the evidence clearly demonstrates that the First Amendment rights of all parties were honored,” the statement said.

Boise State spokesperson Lauren Griswold said it is currently working with the Idaho State Risk Management Office to determine how any judgments in the case would be paid if Boise State is not successful in its appeals.

Don Day is co-founder and publisher of BoiseDev.com. BoiseDev senior reporter Margaret Carmel contributed to this story. 

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Don Day, BoiseDev

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