Alaska Supreme Court Cases

[Family Law] (when joint legal custody not appropriate; cooperation important when parents live far apart; rules for distributing property after cohabiting parties separate)

Sandy B. v. State, Dept. of Health & Social Services, Office of Children's Services (09/25/2009) sp-6416

[Family Law] (Termination of parental rights under ICWA)

Pebble Limited Partnership v. Parnell (09/18/2009) sp-6415

[Constitutional] (challenge to voter initiative)

Estate of Selma Smith v. Spinelli (09/18/2009) sp-6414

[Real Estate] (3-step process for deed interpretation)

Havel v. Havel (09/18/2009) sp-6413

[Family Law] (when visitation schedule modifies decree)

Sea Hawk Seafoods, Inc. v. State (09/11/2009) sp-6412

[Procedure, Civil] (State's waiver of sovereign immunity)

Luper v. City of Wasilla (09/11/2009) sp-6411

[Constitutional] (due process requires notice and opportunity to be hear)

[Evidence] (can't rely on government employee statement contrary to the law; failure to enforce ordinance against others doesn't prove selective enforcement and discrimination)

Danielle A. v. State, Dept. of Health & Social Services, Office of Children's Services (09/11/2009) sp-6410

[Family Law] (extending OCS custody of Indian child requires "active efforts" finding)

In the Matter of the Estate of Wayne Colyer Fields (09/04/2009) sp-6409

[Constitutional] (personal jurisdiction over non-resident heir of estate; due process requires notice, opportunity to be heard)

[Equity] (constructive trusts)

[Probate] (probate jurisdiction of superior court; jurisdiction over non-resident heir of estate)

[Procedure, Civil] (probate jurisdiction of superior court; statute of limitations defense; personal jurisdiction over defendant who appears)

Municipality of Anchorage v. Regulatory Commission of Alaska (09/04/2009) sp-6408

[Administrative Agencies] (AWWU rate increase)

[Procedure, Appellate] (standard of review , agency expertise)

Heitz v. State, Dept. of Health & Social Services (08/28/2009) sp-6407

[Administrative Agencies] (reimbursement of foster parents)

[Constitutional] (due process rights of foster parents)

North Slope Borough v. Brower (08/28/2009) sp-6406

[Damages] (recover under both wrongful death and through estate)

[Statutory Construction] (recover under both wrongful death and through estate)

Valentine v. State (08/28/2009) sp-6405

[Criminal] (DUI, the delayed-absorption defense)

Sayer v. Bashaw (08/28/2009) sp-6404

[Procedure, Civil] (Rule 68 fees require entry of judgment)

Johnson v. Johnson (08/28/2009) sp-6403

[Family Law] (Uniformed Service Former Spouses Protection Act; pension payable to ex-wife even after remarriage)

[Procedure, Civil] (Rule 60(a) clerical error; Rule 60(b) mistake, inadvertence, excusable neglect)

State v. Jacob (08/28/2009) sp-6402

[Attorneys and Judges] (Rule 82, determining who is prevailing party)

[Family Law] (grandparents entitled to notice of CINA hearing)

[Procedure, Appellate] (affirm on any grounds in the record)

Roeland v. Trucano (08/21/2009) sp-6401

[Business, Commercial/Labor Law] (when transfer of ownership not considered a sale)

[Equity] (implied waiver)

[Real Estate] (right of first refusal, obligation to clarify; when transfer of ownership not considered a sale)

Rubey v. Alaska Commission on Postsecondary Education (08/21/2009) sp-6400

[Administrative Agencies] (burden of proving regulation is invalid)

[Procedure, Appellate] (standard of review, administrative decision)

Douglas v. State (08/14/2009) sp-6399

[Criminal] (disruptive behavior; right to be present at trial)

Peterson v. Swarthout (08/14/2009) sp-6398

[Family Law] (discussion of joint legal custody; effect of support arrearage on custody decision)

[Procedure, Civil] (difference between oral and written findings)

Parks v. Parks (08/07/2009) sp-6397

[Family Law] (history of perpetuating domestic violence; court need not state all findings; parent leaves state is change of circumstances)

Neal M. v. State, Dept. of Health & Social Services, Office of Children's Services (08/05/2009) sp-6396

[Family Law] (ICWA parent termination)

Jon S. v. State, Dept. of Health & Social Services, Office of Children's Services (07/31/2009) sp-6395

[Family Law] (termination of parental rights under ICWA)

Egner v. Talbot's, Inc. (07/31/2009) sp-6394

[Contracts] (discovery rule applied by summary judgment; continuing violations doctrine)

[Torts] (discovery rule applied by summary judgment; continuing violations doctrine)

Asinuk Corporation v. Lower Yukon School District (07/31/2009) sp-6393

[Business, Commercial/Labor Law] (apparent authority to act for principal; transactions between entities with same directors)

[Contracts] (what constitutes "consideration"; unconscionable contract; unilateral mistake-"conscious ignorance")

Asher v. Alkan Shelter, LLC (07/31/2009) sp-6392

[Damages] (Alaska no longer uses joint and several liability; findings required for compensatory damages in non-jury trial; separate proceeding required for punitive damages)

[Procedure, Appellate] (Rule 9, pleading claim for fraud)

[Procedure, Civil] (trial court loses jurisdiction when case is appealed)

[Torts] (elements of claim for fraud)

In Re Brion (07/17/2009) sp-6391

[Attorneys and Judges] (lawyer 3 year suspension w/ 2 years "stayed")

[Constitutional] (no due process violation when agency lawyer gives advice to board on procedure)

L.D.G., Inc. v. Brown (07/10/2009) sp-6390

[Business, Commercial/Labor Law] (piercing corporate veil)

[Damages] (apportionment against non-party)

[Procedure, Civil] (purpose of complaint is notice to defendant)

[Torts] (causation in dram shop claim; apportionment of damages against non-party)

Neese v. Lithia Chrysler Jeep of Anchorage, Inc. (07/10/2009) sp-6389

[Procedure, Civil] (Rule 12(b)(6) dismissal; Rule 54(b) partial judgment)

Neese v. State (07/10/2009) sp-6388

[Procedure, Civil] (Rule 24, intervention)

Progressive Casualty Insurance Company v. Skin (07/10/2009) sp-6387

[Business, Commercial/Labor Law] (owner's policy vs. personal policy; policy definitions cannot add substantive coverage)

Lakloey, Inc. v. Ballek (07/10/2009) sp-6386

[Real Estate] (mechanic's lien statutes)

Hertz v. Beach (07/10/2009) sp-6385

[Constitutional] (8th Amend. claim by prisoner)

[Torts] (expert testimony in medical malpractice claim)

Dragseth v. Dragseth (07/10/2009) sp-6384

[Family Law] (basis for joint legal custody; consideration of statutory best interest factors is mandatory; custody investiga- tor's report; increase in value of separately-held business)

[Procedure, Appellate] (remand, consider mandatory best interest factors)

Lockhart v. Draper (06/26/2009) sp-6383

[Damages] (punitive damages in fraudulent conveyance claim; no prejudgment interest on punitive damages)

Copeland v. Ballard (06/26/2009) sp-6382

[Constitutional] (due process, access to public records)

[Procedure, Appellate] (mootness doctrine, public interest exception)

State, Dept. of Health & Social Services v. Okuley (06/26/2009) sp-6381

[Administrative Agencies] (fee awarded from common fund)

Beal v. Beal (06/12/2009) sp-6380

[Family Law] (credit for post-separation mortgage payments)

[Procedure, Appellate] (law of the case doctrine)

Hageland Aviation Services, Inc. v. Harms (06/05/2009) sp-6379

[Constitutional] (unconstitutional taking [retroactive legislation]; unconstitutional impairment of contract)

[Contracts] (unconstitutional impairment of contract)

[Statutory Construction] (unconstitutional retroactive legislation)

O'Donnell v. Johnson (06/05/2009) sp-6378

[Attorneys and Judges] (fees under common fund doctrine)

[Business, Commercial/Labor Law] (insurer to insured: don't pursue subrogation)

[Procedure, Civil] (subrogation; when to join insurers)

Lara S. v. State, Dept. of Health & Social Services, Office of Children's Services (06/05/2009) sp-6377

[Family Law] (reinstate parental rights after voluntary relinquishment)

Button v. Haines Borough (05/29/2009) sp-6376

[Equity] (estoppel against the government)

[Evidence] (hearsay allowed at administrative hearings)

[Procedure, Appellate] (defer to borough interpretation of its ordinance)

Helfrich v. Valdez Motel Corporation (05/22/2009) sp-6375

[Real Estate] (damages claims-retaliation, under URLTA)

Bigley v. Alaska Psychiatric Institute (05/22/2009) sp-6374

[Constitutional] (due process to administer psychtropic drugs)

[Procedure, Appellate] (public interest exception to mootness doctrine)

Lot 04B&5C, Block 83 Townsite v. Fairbanks Northstar Borough (05/22/2009) sp-6373

[Constitutional] (equal protection's sliding scale)

[Procedure, Civil] (pro se cannot bring class action)

[Statutory Construction] (clear and unambiguous statute)

Roland L. v. State, Office of Children's Services (05/08/2009) sp-6372

[Family Law] (Termination of parental rights under ICWA)

Municipality of Anchorage v. Regulatory Commission of Alaska (05/08/2009) sp-6371

[Administrative Agencies] (AWWU rate increase)

[Procedure, Appellate] (standard of review , agency expertise)

Cragle v. Gray (05/08/2009) sp-6370

[Probate] (succession contract)

State v. Miller (05/08/2009) sp-6369

[Criminal] (guidelines for investigative stop)

Smith v. Kofstad (04/24/2009) sp-6368

[Procedure, Civil] (execution on judgment after five years)

[Real Estate] (tenancy by entirety, death of spouse extinguishes judgment lien)

E.P. v. Alaska Psychiatric Institute (04/24/2009) sp-6367

[Statutory Construction] (statutory preamble vs. specific statutory language)

Hartley v. Hartley (04/17/2009) sp-6366

[Family Law] (resolve ambiguous property settlement)

Wagner v. Wagner (04/17/2009) sp-6365

[Procedure, Appellate] (standard of review, specific performance)

Squires v. Alaska Board of Architects, Engineers & Land Surveyors (04/17/2009) sp-6364

[Administrative Agencies] (defer to agency expertise)

[Procedure, Civil] (defer to agency expertise)

Alaska Public Offices Commission v. Stevens (04/17/2009) sp-6363

[Administrative Agencies] (ambiguous regs construed against state)

[Constitutional] (substantive due process; laws must give fair notice)

[Statutory Construction] (ambiguous regs construed against state)

Bohlmann v. Alaska Construction & Engineering, Inc. (04/17/2009) sp-6362

[Procedure, Appellate] (judge's duty to assist pro se appellant)

[Procedure, Civil] (judge's duty to assist pro se litigant)

[Workers' Compensation] (board has duty to assist pro se claimant)

Bilbao v. Bilbao (04/17/2009) sp-6361

[Family Law] (tracing secondary asset, marital or nonmarital)

Adkins v. Stansel (04/10/2009) sp-6360, 204 P3d 1031

[Constitutional] (prisoner's constitutional right to visitation)

Reust v. Alaska Petroleum Contractors, Inc. (04/10/2009) sp-6359

[Damages] (State's 50% of punitive damages)

[Torts] (State's 50% of punitive damages)

Shea v. State, Dept. of Administration, Division of Retirement and Benefits (04/10/2009) sp-6358, 204 P3d 1023

[Procedure, Appellate] (late-filed administrative appeal; good cause)

State v. American Civil Liberties Union of Alaska (04/03/2009) sp-6357, 204 P3d 364

[Constitutional] (new marijuana law; Ravin)

[Procedure, Civil] (actual controversy; ripeness doctrine)

Ben M. v. State, Dept. of Health & Social Services, Office of Children's Services (04/03/2009) sp-6356, 204 P3d 1013

[Family Law] (ICWA termination proceeding)

[Procedure, Appellate] (standard of review-denial of continuance)

Gibson v. Nye Frontier Ford, Inc. (04/03/2009) sp-6355

[Administrative Agencies] (AWHA claims, one-way, fee-shifting)

[Contracts] (unconscionable or adhesion contracts)

Huffman v. State (04/03/2009) sp-6354, 204 P3d 339

[Constitutional] (religious freedom; liberty and privacy interests in making medical decisions)

Classified Employees Association v. Matanuska-Susitna Borough School District (04/03/2009) sp-6353, 204 P3d 347

[Business, Commercial/Labor Law] (enforceability of arbitration)

[Contracts] (arbitration in CBA)

Keller v. French (04/03/2009) sp-6352

[Constitutional] (no standing to raise another's constitutional issue)

[Procedure, Civil] (standing)

Smith v. CSK Auto, Inc. (04/03/2009) sp-6351, 204 P3d 1001

[Workers' Compensation] (C&R of employee who is not medically stable)

Clemensen v. Providence Alaska Medical Center (03/27/2009) sp-6350, 203 P3d 1148

[Torts] (wrongful divorce)

Ted W. v. State, Dept. of Health & Social Services, Office of Children's Services (03/27/2009) sp-6349, 204 P3d 333

[Family Law] (defining "Indian custodian under ICWA)

In the Matter of the Adoption of S.K.L.H. (03/27/2009) sp-6348, 204 P3d 320

[Family Law] (setting aside adoption; defining "open adoption")

Allen v. State, Dept. of Health & Social Services, Division of Public Assistance (03/27/2009) sp-6347, 203 P3d 1155

[Federal Issues] (federal preemption of state law)

Irby v. Fairbanks Gold Mining, Inc. (03/20/2009) sp-6346, 203 P3d 1138

[Probate] (disappeared person, two methods to prove death)

[Procedure, Civil] (statute of limitations defense disfavored; equitable tolling)

[Workers' Compensation] (timeliness of death claim)

Cusack v. Cusack (03/13/2009) sp-6345, 202 P3d 1156

[Family Law] (two-step process for custody modification; joint legal custody requires parent cooperation; custody in third party)

Southeast Alaska Conservation Council v. State (03/13/2009) sp-6344, 202 P3d 1162

[Constitutional] (Alaskas anti-earmarking clause)

Progressive Casualty Insurance Company v. Skin (03/06/2009) sp-6343

[Business, Commercial/Labor Law] (owner's policy vs. personal policy; policy definitions cannot add substantive coverage)

Brotherton v. State, Dept. of Revenue, Child Support Services Division ex rel. Brotherton (03/06/2009) sp-6342, 201 P3d 1206

[Family Law] (Rule 90.3: property settlement not income)

Wooten v. Hinton (03/06/2009) sp-6341, 202 P3d 1148

[Attorneys and Judges] (who is "prevailing party.")

[Procedure, Civil] (dismissal w/prejudice applies res judicata, waives appeal, but is not conclusive on prevailing party status)

State v. Smart (02/27/2009) sp-6340, 202 P3d 1130

[Criminal] (presumptive sentence decision not retroactive)

Alaska Exchange Carriers Association, Inc. v. Regulatory Commission of Alaska (02/27/2009) sp-6339, 202 P3d 458

[Procedure, Appellate] (standards-review of agency decision)

Kazan v. Dough Boys, Inc. (02/20/2009) sp-6338, 201 P3d 508

[Contracts] (settlement agreements)

Ayuluk v. Red Oaks Assisted Living, Inc. (02/20/2009) sp-6337, 201 P3d 1183

[Procedure, Civil] (filing suit waives physician/patient privilege)

[Torts] (employer vicarious liability; sexual contact)

Swetzof v. Philemonoff (02/13/2009) sp-6336, 203 P3d 471

[Municipal Corporations] (municipal initiative, legislative or administrative)

DeNardo v. Maassen (01/30/2009) sp-6335, 200 P3d 305

[Procedure, Civil] (standards for superior court judge recusal; pre-litigation screening)

[Torts] (abuse of process; 1983)

Haeg v. Cole (01/30/2009) sp-6334, 200 P3d 317

[Attorneys and Judges] (fee arbitration guidelines)

[Procedure, Appellate] (deferential standard for reviewing arbitrator)

Marcia V. v. State, Office of Children's Services (01/21/2009) sp-6333, 201 P3d 496

[Family Law] (ICWA parental termination; expert qualification)

Bright Solutions Inc. in conjunction with Touch N' Go Systems, Inc. and The Law Offices of James B. Gottstein are pleased to present Alaska Supreme Court Opinions. For more legal resources, visit the The Alaska Legal Resource Center.

These Opinions were automatically converted to HTML (Hyper-Text Markup Language) format from electronic files provided by the Alaska Court System. Every effort has been made to ensure their accuracy, but neither Bright Solutions Inc., Touch N' Go Systems, Inc., The Alaska Legal Resource Center, nor the Law Offices of James B. Gottstein are responsible for their accuracy or for any damages arising out of any possible inaccuracy. If any mistakes are found, please let us know - E-Mail Us or otherwise contact Bright Solutions Inc.

Touch N' Go®, the DeskTop In-and-Out Board makes your office run smoother. Visit Touch N' Go's Website to see how.

Advertising space is available here and on related sites. E-mail E-Mail Us or otherwise contact Bright Solutions Inc.

Bright Solutions is a team of bright, friendly people who specialize in preventing and resolving computer problems, data recovery and computer forensics. Their services have proven invaluable to many individuals, utility companies, medical and legal offices, corporations, government entities and professional offices all over the nation.

Touch N' Go Systems is a Windows and Windows NT consulting and software development Company, specializing in:

Windows and Windows NT environments, including networks.
Trouble shooting
Preparation of World-Wide-Web Hypertext documents (Home Pages, etc.)
Scanning Services

Return to Touch N' Go Systems, Inc. Home Page.

Comments to E-Mail Us

(907) 274-7686
406 G Street Suite, 210
Anchorage, Alaska 99501
fax (907) 274-9493

Last Modified 11/17/2009