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STATE v. DAICEL CHEMICAL INDUSTRIES, LTD.

No. 30379.

106 P.3d 428 (2005)

141 Idaho 102

STATE of Idaho, by and through Lawrence G. WASDEN, Attorney General and as parens patriae on behalf of persons residing in the State of Idaho, Plaintiff-Appellant-Cross Respondent, v. DAICEL CHEMICAL INDUSTRIES, LTD.; Hoechst Aktiengesellschaft; Nippon Gohsei a/k/a Nippon Synthetic Chemical Industry Co., Ltd.; Eastman Chemical Company; Nutrinova Nutrition Specialties & Food Ingredients, GMBH; and Ueno Fine Chemicals Industry, Ltd., Defendants-Respondents-Cross Appellants, and Aventis, S.A., Defendant.

Supreme Court of Idaho, Boise, January 2005 Term.

January 28, 2005.

Attorney(s) appearing for the Case

Hon. Lawrence G. Wasden, Attorney General, Boise, for appellant. Deputy Attorney General Brett T. Delange argued.

Blackburn & Jones, LLP, Boise, for respondents Daicel Chemical Industries, Ltd, Hoescht Aktiengesellschaft, Nippon Gohsei, Eastman Chemical Company, and Nutrinova Nutrition Specialties & Food Ingredients, GMBH. Rex Blackburn argued.

Hawley, Troxell, Ennis & Hawley, Boise, for respondent Ueno Fine Chemicals Industry, Ltd did not participate in the appeal.

EISMANN, Justice.

The State appeals from a judgment dismissing its complaint on the ground that the Idaho Competition Act enacted in 2000 cannot be applied retroactively to create liability based upon conduct that occurred years before the Act was adopted. It also appeals the district court's order denying its motion to file an amended complaint to allege a claim under the Idaho Consumer Protection Act on the ground that...

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