Alaska Supreme Court Opinions
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Recent Alaska Supreme Court Opinions
(From 1/1/2008)

Kestner v. Clark (05/09/2008) sp-6259
Tessa M. v. State, Dept. of Health & Social Services, Office of Children's Services (05/09/2008) sp-6258
Keenan v. Wade (05/09/2008) sp-6257
Seybert v. Cominco Alaska Exploration (05/02/2008) sp-6256
[Contracts] (set aside contract based on misrepresentation)
[Torts] (tort damages based on misrepresentation)
[Workers' Compensation] (no fiduciary relationship between insurer-claimant)
Geneva Woods Pharmacy, Inc. v. Thygeson (04/25/2008) sp-6255
[Business, Commercial/Labor Law] (burden of proof, overtime claim)
[Procedure, Appellate] (fact issues; defer to trial judge)
City of Valdez v. Polar Tankers, Inc. (04/25/2008) sp-6254
[Constitutional] (property tax on interstate commerce)
[Municipal Corporations] (property tax on interstate commerce)
Washington's Army v. City of Seward (04/25/2008) sp-6253
[Procedure, Appellate] (standing to appeal)
[Procedure, Civil] (standing to file suit)
Hallam v. Holland America Line, Inc. (04/18/2008) sp-6252
[Procedure, Appellate] (MOJ's may have "persuasive" value)
[Procedure, Civil] (when law of the case doctrine applies)
Iverson v. Griffith (04/11/2008) sp-6251
[Family Law] (change in job may = change in circumstances; appointment of guardian ad litem)
State, Commercial Fisheries Entry Commission v. Carlson (04/11/2008) sp-6250
[Constitutional] (higher fees charged to nonresident fishers)
Blanton v. Yourkowski (04/11/2008) sp-6249
[Family Law] (custody when parents live in different cities)
Air Logistics of Alaska, Inc. v. Throop (04/11/2008) sp-6248
[Administrative Agencies] (overtime pay for "on-call" employee; liquidated damages)
[Business, Commercial/Labor Law] (overtime pay for "on-call" employee; liquidated damages)
Karrie B. ex rel. Reep v. Catherine J. (04/04/2008) sp-6247
[Family Law] (parental termination not in child's best interest)
Bodkin v. Cook Inlet Region, Inc. (04/04/2008) sp-6246
[Business, Commercial/Labor Law] (cash distributed by ANCSA corporation)
[Procedure, Civil] (Rule 12(b)(6) based solely on pleadings)
Wells v. Barile (03/28/2008) sp-6244
[Family Law] (domestic violence is change in circumstances)
In Re Reinstatement of Wiederholt (03/28/2008) sp-6243
[Attorneys and Judges] (presumption against reinstatement)
Bradley v. Klaes (03/28/2008) sp-6242
[Procedure, Civil] (Rule 56(f) extension to oppose summary judgment; error to grant even when unopposed)
[Real Estate] (preliminary injunction; protect easement rights)
Municipality of Anchorage v. Mjos (03/27/2008) sp-6245
[Municipal Corporations] (presumption in favor of candidate eligibility)
Chesser v. Chesser-Witmer (03/21/2008) sp-6241
[Family Law] (findings in custody dispute; no requirement to rely on custody investigator; move to another state)
Noffke v. Perez (03/21/2008) sp-6240
[Evidence] (hearsay rule, medical records as business records exception; admissibility of expert witness's tax records)
[Procedure, Civil] (Rule 56, summary judgment not appropriate for negligence issues)
[Torts] (admissibility of medical records; comparative negligence should be jury issue)
Regulatory Commission of Alaska v. Tesoro Alaska Company (03/21/2008) sp-6239
[Contracts] (stipulations and settlements are favored)
[Procedure, Appellate] (deferential review of agency regulations)
[Procedure, Civil] (stipulations and settlements are favored)
Sheldon v. City of Ambler (03/14/2008) sp-6238
[Torts] (police immunity; excessive force during arrest)
Southern Alaska Carpenters Health and Security Trust Fund v. Jones (03/07/2008) sp-6237, 177 P3d 844
[Damages] (no punitive damages in NIED case)
[Torts] (NIED-Chizmar exception; negligent misrepresentation)
Anchorage Police Dept Command Officer's Assoc. v. Municipality of Anchorage (03/07/2008) sp-6236, 177 P3d 839
[Administrative Agencies] (supervisory employees)
Jacob v. State, Dept of Health & Social Services, Office of Children's Services (03/07/2008) sp-6235, 177 P3d 1181
[Constitutional] (due process = notice + opportunity to be heard)
[Family Law] (notice to grandparents in CINA proceedings)
[Procedure, Civil] (when claim is moot)
Smith v. Stafford (02/29/2008) sp-6234
[Administrative Agencies] (qualified immunity for OCS social workers)
[Family Law] (qualified immunity for OCS social workers; no negligence claim available for violation of CINA rules)
[Torts] (official immunity; absolute or qualified)
Mullins v. Oates (02/29/2008) sp-6233
[Contracts] (settlement agreements are favored; they are contracts requiring knowing and voluntary acceptance)
[Procedure, Civil] (settlement conference; propriety of magistrate)
Michelle M. v. Richard R. (02/29/2008) sp-6232, 177 P3d 830
[Family Law] (custody; domestic violence presumption)
Amerada Hess Pipeline Corp. v. Regulatory Commission of Alaska (02/15/2008) sp-6231, 176 P3d 667
[Administrative Agencies] (regulating rate for shipping oil instate; commingling investigation and adjudication functions)
[Constitutional] (agency both investigating and adjudicating)
[Evidence] (Evidence Rule 408, settlement negotiations)
Moore v. Peak Oilfield Service Co. (02/15/2008) sp-6230, 175 P3d 1278
[Criminal] (effect of no contest plea on civil claim)
[Equity] (estoppel; effect of no contest plea on civil claim)
[Torts] (effect of no contest plea on civil claim)
Samuel H v. State, Office of Children's Services (02/08/2008) sp-6229, 175 P3d 1269
[Family Law] (incarcerated parent, termination of rights)
Villaflores v. Alaska State Commission for Human Rights (02/08/2008) sp-6228, 175 P3d 1275
[Business, Commercial/Labor Law] (job discrimination based on race or age)
[Torts] (job discrimination based on race or age)
Maisy W. v. State, Dept of Health & Social Services, Office of Children's Services (02/01/2008) sp-6227, 175 P3d 1263
[Family Law] (standards of proof/review, termination cases)
Richardson v. Kohlin (01/18/2008) sp-6225, 175 P3d 43
[Family Law] (Rule 90.3, 15% change in support; imputed income)
Starr v. George (01/18/2008) sp-6224, 175 P3d 50
[Family Law] (ICWA does not requires full faith and credit to tribal court decisions which don't meet minimum due process)
Froines v. Valdez Fisheries Development Association, Inc. (01/18/2008) sp-6223, 175 P3d 1234
[Attorneys and Judges] (fees under Rule 82 vs. Rule 68)
Glover v. State, Dept of Transportation, Alaska Marine Highway System (01/18/2008) sp-6222, 175 P3d 1240
[Torts] (when sovereign immunity waived)
Seth D. v. State, Dept of Health & Social Services, Office of Children's Services (01/17/2008) sp-6226, 175 P3d 1222
[Family Law] (care and custody of child is constitutional; father in prison, right to appear personally)
Hertz v. Carothers (01/11/2008) sp-6221, 174 P3d 243
[Constitutional] (restricting prisoner access to courts)
Sidney v. Allstate Insurance Company (01/11/2008) sp-6220
[Business, Commercial/Labor Law] (arbitrators have broad discretion to fashion remedy; exhaust UIM coverage; what constitutes "policy limits")
Baseden v. State (01/04/2008) sp-6219, 174 P3d 233
[Business, Commercial/Labor Law] (public policy favors arbitration)
Millette v. Millette (01/04/2008) sp-6218, 177 P3d 258
[Family Law] (findings not required on all nine factors regarding custody; defer to trial judge on credibility issues; credit against support for health insurance)
[Procedure, Appellate] (defer to trial judge on credibility issues)

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Last Modified 05/09/2008