Alaska Supreme Court Opinions
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Recent Alaska Supreme Court Opinions
(From 1/1/2013)

Schultz v. Wells Fargo Bank, N.A. (6/7/2013) sp-6786
Dearlove v. Campbell (5/31/2013) sp-6785
[Procedure, Civil] (attorney fees under Rule 68)
Calais Company, Inc. v. Kyzer Ivy (5/31/2013) sp-6784
[Contracts] (analyzing appraisal clause in settlement agreement; interpreting a term in a contract is issue of law)
Ronny M. v. Nanette H. (5/31/2013) sp-6783
[Family Law] (a child’s “home state” under UCCJEA; analyzing an out-of-state move; analyzing statutory custody factors under AS 25.24.150(c).)
Taylor v. Wells Fargo Home Mortgage (5/17/2013) sp-6782
[Attorneys and Judges] (computing Rule 68 fees)
[Contracts] (No liability of agent for breach of K)
[Procedure, Civil] (computing Rule 68 fees)
Bottcher v. State (5/10/2013) sp-6781
[Criminal] (lifetime revocation of driver’s license)
Municipality of Anchorage v. Adamson (5/3/2013) sp-6780
[Statutory Construction] (several rules of statutory construction)
[Workers' Compensation] (stay of future medical payments)
Dimeff v. Estate of Robert Merle Cowan (5/3/2013) sp-6779
[Contracts] (subjective understanding of K not probative)
[Probate] (superior court’s probate jurisdiction)
O'Neal v. Campbell (5/3/2013) sp-6778
[Family Law] (support-deduct for child of prior relationship)
DesJarlais v. State, Office of the Lieutenant Governor (5/3/2013) sp-6777
[Constitutional] (initiative and referendum process; banning abortions not constitutional)
McDonnell v. State Farm Mutual Automobile Insurance Company (4/26/2013) sp-6776
[Business, Commercial/Labor Law] (appraisal statute not applicable in personal injury claims; policy may fix shorter limitations periods)
[Statutory Construction] (several rules of statutory construction)
Bearden v. State Farm Fire & Casualty Company (4/26/2013) sp-6775
[Business, Commercial/Labor Law] (define “accident” in insurance policy)
[Criminal] (collateral estoppel in civil case following no- contest plea in criminal case)
Madonna v. Tamarack Air, Ltd. (4/12/2013) sp-6774
[Procedure, Appellate] (erroneous ruling, must show prejudice)
Titus v. State, Dept. of Administration, Division of Motor Vehicles (4/12/2013) sp-6773
[Administrative Agencies] (motor vehicle, financial responsibility law)
[Attorneys and Judges] (no fees awarded in constitutional case)
[Constitutional] (equal protection; due process)
[Evidence] (lost earnings, proof cannot be speculative)
Wagner v. Wagner (4/5/2013) sp-6772
[Procedure, Civil] (Rule 40(e), continuance by pro se litigant)
Dixon v. Blackwell (3/29/2013) sp-6771
[Damages] (adequacy of damages awarded by a jury)
[Procedure, Civil] (Rule 68 offers; judicial admission; adequacy of damages awarded by a jury)
Plumbers & Pipefitters, Local 367 v. Municipality of Anchorage (3/29/2013) sp-6770
[Business, Commercial/Labor Law] (public employees, binding arbitration and right to strike)
Sullivan v. Resisting Environmental Destruction on Indigenous Lands (3/29/2013) sp-6769
[Constitutional] (best interest finding, oil exploration lease)
Hussein-Scott v. Scott (3/29/2013) sp-6768
[Contracts] (resolve conflicting terms in K)
[Family Law] (settlement K - resolve conflicting terms)
McCarrey v. Kaylor (3/29/2013) sp-6767
[Real Estate] (acceptance of common law dedication)
Pruitt v. Providence Extended Care (3/29/2013) sp-6766
[Workers' Compensation] (request hearing within 2 years of controversion; board credibility findings are binding on appeal)
Mills v. Hankla (3/22/2013) sp-6765
[Attorneys and Judges] (joint and several fee award)
[Evidence] (spoliation)
[Municipal Corporations] (selection of employee-discretionary/immune)
[Torts] (wrongful termination, constructive discharge, hostile work environment, sexual harassment under AHRA)
Hertz v. Macomber (3/22/2013) sp-6764
[Criminal] (discretion to award furlough with /conditions)
[Statutory Construction] (“may” [discretionary] vs. “shall” [mandatory])
Sosa de Rosario v. Chenega Lodging (3/22/2013) sp-6763
[Workers' Compensation] (Board credibility findings are binding)
Swaney v. Granger (3/22/2013) sp-6762
[Family Law] (child support based on self-employment income; retroactive modification prohibited)
Brooks v. Hollaar (3/22/2013) sp-6761
[Contracts] (when an agent can sue on a K)
[Equity] (promissory estoppel; unclean hands; when an equitable claim may be tried by a jury as a claim at law)
Griffin v. Weber (3/22/2013) sp-6760
[Real Estate] (deed intended as security instrument)
Burke v. Maka (3/15/2013) sp-6759
[Equity] (laches as a defense)
State v. Doe (3/15/2013) sp-6758
[Procedure, Appellate] (Rile 106, 2-1 decisions not precedntial)
[Statutory Construction] (Ex Post Factor, substantive or procedural)
Weilbacher v. Ring (3/8/2013) sp-6757
[Procedure, Civil] (Rule 19, joinder of indispensable party)
Hill v. Giani (3/8/2013) sp-6756
[Constitutional] (due process interest in various types of licenses)
[Torts] (§1983 claim; immunity for DHSS and employees)
American Marine Corporation v. Sholin (3/8/2013) sp-6755, 295 P3d 924
[Procedure, Civil] (savings statute; limitations statutes not favored)
ARCTEC Services v. Cummings (3/8/2013) sp-6754, 295 P3d 916
[Workers' Compensation] (fraud cases; Board fact findings are binding)
In Re Reinstatement of Wiederholt (2/22/2013) sp-6753
[Attorneys and Judges] (reinstatement of disbarred lawyer)
Estate of Simone Young Kim v. Coxe (2/22/2013) sp-6752
[Constitutional] (10th Amend.; presume statute is constitutional)
[Procedure, Civil] (procedure re: summary judgment)
[Statutory Construction] (preamble to unambiguous act; presume statute is constitutional)
[Torts] (PLCAA may preclude claim against gun shop)
Williams v. Ketchikan Gateway Borough (2/15/2013) sp-6751
[Municipal Corporations] (exemption from property taxes)
[Real Estate] (deed of trust does not change owner of real estate; deed of trust same as a mortgage)
Greenway v. Heathcott (2/15/2013) sp-6750
[Attorneys and Judges] (allegations of judicial bias)
[Evidence] (affidavits are hearsay, not admissible)
[Procedure, Civil] (treatment of pro se litigants; denial of motion to continue trial)
Hurn v. Greenway (2/8/2013) sp-6749
[Procedure, Civil] (summary judgment on existence of duty of care)
[Torts] (no duty to control guests in your home)
Heynen v. Fairbanks (2/1/2013) sp-6748
[Procedure, Appellate] (objective standard when appealing insufficient evidence to support a verdict regarding negligence)
[Torts] (the issue of negligence is for the jury)
Leisnoi, Inc. v. Merdes & Merdes, P.C. (2/1/2013) sp-6747
[Contracts] (can’t enforce illegal contract)
[Procedure, Appellate] (pay judgment and still appeal)
[Procedure, Civil] (60(b)(4), void judgment; 60(b)(5)-(6), must file in a “reasonable time”)
Williams v. GEICO (1/25/2013) sp-6746
[Business, Commercial/Labor Law] (insurer’s duty to defend, offer policy limits; multiple insureds)
Ahtna, Inc. v. State, Dept. of Transportation & Public Facilities (1/18/2013) sp-6745
[Statutory Construction] (general rules of construction)
Licht v. Irwin (1/18/2013) sp-6744
[Procedure, Appellate] (death of party in appeal; who may substitute)
In Re Cummings (1/18/2013) sp-6743
[Attorneys and Judges] (dismissal of judge; ABA standards)
Thea G. v. State, Dept. of Health & Social Services, Office of Children's Services (1/9/2013) sp-6742
[Family Law] (ICWA parental rights termination)

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Last Modified 6/7/2013