2002 Alaska Supreme Court Cases (Chronological)

[Statutory Construction] (legislative history required to counter plain and unambiguous statutory language; guidelines for finding unconstitutional ambiguity; legisalture’s power to override Supreme Court)

[Torts] (tort reform legislation is constitutional)

Gaede v. Saunders (8/30/2002) sp-5617 53 P3d 1126

[Workers' Compensation] (covered ee must work in a business or industry)

Trapp v. State, Office of Public Advocacy (8/30/2002) sp-5616 53 P3d 1128

[Attorneys and Judges] (judicial and quasi-judicial immunity)

[Probate] (no quasi-judicial immunity for conservators)

Moeller-Prokosch v. Prokosch (8/19/2002) sp-5614 53 P3d 152

Prentzel v. Alaska Dep't of Public Safety (8/23/2002) sp-5615 53 P3d 587

[Procedure, Civil] (Rule 15 amendments, liberally granted)

[Torts] (inadequate police training as actionable duty; §1983 claim must be against individual, not one acting officially)

Van Deusen v. Seavey (8/23/2002) sp-5613 53 P3d 596

[Attorneys and Judges] (Attorney fees under Rule 68)

[Equity] (res judicata vs. collateral estoppel)

[Procedure, Civil] (Attorney fees under Rule 68)

[Real Estate] (permanent vs. temporary nuisance)

[Torts] (permanent vs. temporary nuisance)

Whah v. Whah (8/23/2002) sp-5612 53 P3d 604

[Family Law] (waiver of credit for social security payments)

Matanuska Electric Ass'n. v. Chugach Electric Ass'n. (8/23/2002) sp-5611 53 P3d 578

[Municipal Corporations] (no retroactive refund of utility fuel surcharge)

Fenner v. Municipality of Anchorage (8/23/2002) sp-5610 53 P3d 568

[Workers' Compensation] (intentional tort, exclusive remedy rule)

Hinsberger v. Alaska (8/23/2002) sp-5609 53 P3d 568

[Damages] (NIED, no damages w/o physical injury: exceptions)

[Procedure, Civil] (summary judgment when no response by non-moving party)

[Torts] (NIED, no damages w/o physical injury: exceptions; four essentials of a negligence claim)

Osmar v. Mahan (8/16/2002) sp-5608 53 P3d 149

[Family Law] (social security not income under Rule 90.3)

Williams v. Abood (8/16/2002) sp-5607 53 P3d 134

[Contracts] (broad language in settlement=all claims settled)

[Workers' Compensation] (C&R interpreted as contract, when set aside; attorney fees based on issues that prevailed; Board’s filing deadlines enforced; comp rate adjustment, Gilmore vs. Thompson; medical benefits are "compensation")

Collins v. Blair (8/9/2002) sp-5606 68 P3d 1222

[Business, Commercial/Labor Law] (SH’s in closely-held corp. owe fiduciary duty)

[Contracts] (when K interpretation is question of fact)

[Procedure, Appellate] (deference to trial judge on matters of credibility)

Hunt v. University of Alaska Fairbanks (8/9/2002) sp-5605 52 P3d 739

[Administrative Agencies] (deference to university on academic matters)

In Re S.H. (8/9/2002) sp-5604 54 P3d 780

[Attorneys and Judges] (right to counsel in conservatorship proceedings)

[Probate] (right to counsel in conservatorship proceedings)

Bauder v. Alaska Airlines, Inc. (8/2/2002) sp-5603 52 P3d 166

[Workers' Compensation] (Board as credibility evaluator; TTD ends upon return to work; PPI not paid as lump sum during reemployment)

Wold v. Progressive Preferred Insurance Co. (8/2/2002) sp-5602 52 P3d 155

[Business, Commercial/Labor Law] (UM/UIM insurance, "miss-and-run" accident)

[Statutory Construction] (clear and unambiguous statute; public policy)

United Airlines, Inc. v. State Farm Fire & Casualty Co. (7/26/2002) sp-5601 51 P3d 928

[Contracts] (commercial indemnity K’s not K’s of adhesion)

Shook v. Alyeska Pipeline Service Co. (7/26/2002) sp-5600 51 P3d 935

[Procedure, Civil] (Rule 23, decertifying a class)

DeNardo v. ABC Inc. RVs Motorhomes (7/26/2002) sp-5599 51 P3d 919

[Constitutional] (discovery sanctions are constitutional)

[Procedure, Civil] (sanctions for discovery noncompliance)

Martin v. Martin (7/19/2002) sp-5598 52 P3d 724

[Family Law] (transmutation vs. active appreciation)

Ogar v. City of Haines (7/19/2002) sp-5597 51 P3d 333

[Equity] (encroachment on dedicated right-of-way)

[Municipal Corporations] (encroachment on dedicated right-of-way)

[Real Estate] (encroachment on dedicated right-od-way)

Reeves v. Alyeska Pipeline Service Co. (7/19/2002) sp-5596 56 P3d 660

[Contracts] (disclosure K; unjust enrichment)

[Damages] (no punitives w/o compensatory damages in tort)

Robertson v. American Mechanical, Inc. (7/19/2002) sp-5595 54 P3d 777

[Procedure, Civil] (res judicata and claim splitting)

[Workers' Compensation] (res judicata and claim splitting)

Cabana v. Kenai Peninsula Borough (7/12/2002) sp-5594 50 P3d 798

[Municipal Corporations] (power over real estate, great deference; presume proceedings of municipal government comply with law)

Nunez v. American Seafoods (7/12/2002) sp-5593 52 P3d 720

[Business, Commercial/Labor Law] (forum selection clause invalid under Jones Act)

[Federal Issues] (Jones Act claim filed in state or federal court)

J.A. v. Alaska DFYS (7/5/2002) sp-5592 50 P3d 395

[Family Law] (use of expert testimony in ICWA termination cases)

Dougan v. Aurora Electric, Inc. (6/28/2002) sp-5591 50 P3d 789

[Procedure, Appellate] (leniency for pro se briefs)

[Workers' Compensation] (Gilmore no longer applicable to comp rate adjustments; discovery in work comp cases)

Lakosh v. Alaska Dept. of Environmental Conservation (6/28/2002) sp-5589 49 P3d 1111

[Administrative Agencies] (admin. regs. must reflect statutory standards)

[Statutory Construction] (sliding scale replaces plain meaning rule)

Holta v. Certified Financial Services, Inc. (6/28/2002) sp-5588 49 P3d 1104

[Real Estate] (different st. of limitations on deed of trust and underlying note; clear title at municipal tax sale except for redeeming owner)

J.S. v. State (6/21/2002) sp-5590 50 P3d 388

[Family Law] (no ICWA remedial plan or placement preference required in cases of sexual abuse)

In Re Curda (6/21/2002) sp-5587 49 P3d 255

[Attorneys and Judges] (legal error vs. ethical misconduct)

Cook v. Rowland (6/21/2002) sp-5586 49 P3d 262

[Procedure, Civil] (Rules 55 "good cause" and 60 "excusable neglect")

Chugach Electric Assoc., Inc. v. Regulatory Commission of Alaska (6/21/2002) sp-5585 49 P3d 246

[Administrative Agencies] (RCA must approve electricity outside of area)

Cizek v. Concerned Citizens of Eagle River (6/14/2002) sp-5584 49 P3d 228

[Procedure, Appellate] (issue not called to trial judge's attention waived)

[Real Estate] (nonconforming uses of land frustrate zoning)

Nelson-Lizardi v. Lizardi (6/14/2002) sp-5583 49 P3d 236

[Family Law] (dividing pension: consider Wanberg and Merrill))

[Procedure, Civil] (fail to meet deadline, no sanction without notice)

Kava v. American Honda Motor Co., Inc. (6/14/2002) sp-5582 48 P3d 1170

[Evidence] (evid. of comparative risk; indemnity agreement)

[Procedure, Civil] (criteria for deciding new trial, dir. verdict, NOV)

Guttchen v. Gabriel (6/14/2002) sp-5581 49 P3d 223

[Business, Commercial/Labor Law] (b’ruptcy doesn’t discharge valid lien on realty)

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

[Real Estate] (b’ruptcy doesn’t discharge valid lien on realty)

Fraiman v. State (6/14/2002) sp-5580 49 P3d 241

[Constitutional] (standing to assert 4th Amendment defense)

Fairbanks Fire Fighters Assoc., Local 1324 v. City of Fairbanks (6/7/2002) sp-5579 48 P3d 1165

[Administrative Agencies] (ALRA; is issue arbitrable?)

Tru-Line Metal Products, Inc. v. U.S. Fabrication & Erection (6/7/2002) sp-5578 52 P3d 150

[Equity] (no res judicata w/o court of competent juris.*)

In Re Tamplin (6/7/2002) sp-5577 48 P3d 471

[Probate] (will cannot revoke a trust)

[Statutory Construction] (statute recognize state policy; apply retroactively)

Cleaver v. State, Commercial Fisheries Entry Commission (6/7/2002) sp-5576 48 P3d 464

[Administrative Agencies] (CFEC permit; extraordinary circumstances)

Alakayak v. British Columbia Packers (5/31/2002) sp-5575 48 P3d 432

[Business, Commercial/Labor Law] (Alaska Anti-trust Act; salmon processors)

[Procedure, Civil] (trial judge can't weigh evidence when deciding summary judgment; trial judge can't weigh evidence when deciding summary trial court can't weigh evidence when deciding summary judgment; continuing violation doctrine)

Lexington Insurance Co. v. Lindahl Construction & Engineering, Inc. (5/24/2002) sp-5574 47 P3d 1081

[Procedure, Appellate] (standard of review, summary judgment)

AVCP Regional Housing Authority v. R.A. Vranckaert Co., Inc. (5/17/2002) sp-5573 47 P3d 650

[Contracts] (contract-based indemnity, express and implied)

[Equity] (res judicata vs. collateral estoppel; equitable indemnity)

[Torts] (contract-based indemnity, express and implied)

John's Heating Service v. Lamb (5/10/2002) sp-5572 46 P3d 1024

[Evidence] (guidelines for admitting scientific evidence)

[Procedure, Civil] (evid. Threshold for summary judgment is low; Rule 68; discovery rule; no prejudgment interest on future damages)

[Torts] (professional negl. can apply to skilled trades)

Korn v. Korn (5/10/2002) sp-5571 46 P3d 1021

[Family Law] (alimony and spouses use of marital residence not included in property division)

Kelly v. Joseph (5/10/2002) sp-5570 46 P3d 1014

[Family Law] (custody, changed circumstances vs. best interests)

McCormick v. Reliance Insurance Co. (5/10/2002) sp-5569 46 P3d 1009

[Contracts] (substantial compliance, Ker registration)

Barr v. Goldome Realty Credit Corp. (5/10/2002) sp-5566 46 P3d 1004

[Evidence] (expert witness can rely on hearsay)

[Real Estate] (foreclosing deed of trust when surplus payment exists)

Faulkner v. Goldfuss (5/10/2002) sp-5565 46 P3d 993

[Family Law] (judge may deviate from custody agreement between parties if in best interests of child; adoptive parent may be awarded custody; marital share of pension; four misc. child support issues)

E.A. v. State, Div. of Family and Youth Services (5/10/2002) sp-5564 46 P3d 986

[Family Law] (terminating parental rights under ICWA)

Amos v. State (5/10/2002) sp-5563 46 P3d 1044

[Attorneys and Judges] (ineffective assistance of counsel; fail to brief issue)

[Criminal] (appointed lawyer’s failure to brief issue)

[Procedure, Appellate] (appointed lawyer’s failure to brief issue)

Hayes v. Municipality of Anchorage (5/3/2002) sp-5568 46 P3d 971

[Municipal Corporations] (residency requirements to run for municipal office)

Cook Inlet Keeper v. State (5/3/2002) sp-5567 46 P3d 957

[Administrative Agencies] (Alaska Coastal Management Program)

Barnica v. Kenai Peninsula School District (5/3/2002) sp-5562 46 P3d 974

[Business, Commercial/Labor Law] (exhaust grievance remedies)

Brooks Range Exploration Co. v. Gordon (5/3/2002) sp-5561 46 P3d 942

[Business, Commercial/Labor Law] (definition of "abandoned property")

State v. Malloy (5/3/2002) sp-5560 46 P3d 949

[Criminal] (sentence for murder w/ aggravating circumstances)

Wells v. State (5/3/2002) sp-5559 46 P3d 967

[Procedure, Civil] (amending witness list after deadline)

[Torts] (State immunity, construct vs. maintain highway)

Valdez Fisheries Development Assoc., Inc. v. Alyeska Pipeline Service Company (4/19/2002) sp-5558 45 P3d 651

[Contracts] (unequivocal acceptance is essential; agreement to negotiate; promissory estoppel)

[Equity] (essentials of promissory estoppel)

Pasco v. State (4/12/2002) sp-5557 45 P3d 325

[Criminal] (the necessity defense)

Liimatta v. Vest (4/12/2002) sp-5556 45 P3d 310

[Contracts] (the four essentials of a binding contract)

[Evidence] (excluding prejudicial evidence (ER 403), cumulative evidence; collateral source evidence; business records exception (ER 803(6)); evidence of mental disability; summary of medical records (ER 1006).)

[Procedure, Civil] (no prejudgment interest if double recovery)

Demmert v. Kootznoowoo, Inc. (4/5/2002) sp-5555 45 P3d 1208

[Business, Commercial/Labor Law] (Corporations: the "Equal Treatment Rule")

[Procedure, Appellate] (Standard of review for findings of fact)

Hubbard v. Hubbard (3/29/2002) sp-5554 44 P3d 153

[Equity] (estoppel in disestablishment of paternity cases)

[Family Law] (estoppel in disestablishment of paternity cases)

Kallstrom v. U.S. (3/15/2002) sp-5553 43 P3d 162

[Torts] (NIED, bystander/preexisting duty exception)

R.G. v. State, Dept. of Health & Social Services (3/15/2002) sp-5552 43 P3d 145

[Family Law] (mental illness, basis for termination of parent rights)

Snyder v. State, Dept. of Public Safety (3/15/2002) sp-5551 43 P3d 157

[Attorneys and Judges] (successor judge, no new findings without consent)

[Criminal] (credibility issue requires in-person hearing)

Kinnard v. Kinnard (3/15/2002) sp-5550 43 P2d 150

[Family Law] (psychological parent; health insurance as asset)

P.M. v. State, Division of Family and Youth Services (3/8/2002) sp-5549 42 P3d 1127

[Attorneys and Judges] (abuse of right to counsel; delay, manipulate court)

H.C.S. v. Community Advocacy Project of Alaska, Inc. (3/8/2002) sp-5548 42 P3d 1093

[Probate] (guidelines for contested removal of guardian)

Shields v. Cape Fox Corp. (3/8/2002) sp-5547 42 P3d 1083

[Procedure, Civil] (next friend cannot defend for minor)

[Torts] (instruct on comparative fault when issue raised)

Hamilton v. Hamilton (3/8/2002) sp-5546 42 P3d 1107

[Family Law] (leave state = changed circumstance; 9 factors for custody change; child too young to make religion decision)

Jourdan v. Nationsbanc Mortgage Corp. (3/8/2002) sp-5545 42 P3d 1072

[Attorneys and Judges] (trial judge recusal)

[Contracts] (breach plaintiff must show willingness to perform)

[Procedure, Appellate] (PFD’s not security for appeal bond)

[Procedure, Civil] (trial judge recusal)

[Real Estate] (posting notice of foreclosure sale)

S.H. v. State, Dept. of Health & Social Services (3/8/2002) sp-5544 42 P3d 1119

[Family Law] (termination of parental rights)

Olmstead v. Ziegler (3/8/2002) sp-5543 42 P3d 1102

[Family Law] (return to school; voluntary underemployment)

Wollaston v. Schroeder Cutting, Inc. (3/1/2002) sp-5542 42 P3d 1065

[Workers' Compensation] (overcoming presumption of compensability)

Kessey v. Frontier Lodge, Inc. (3/1/2002) sp-5541 42 P3d 1060

[Procedure, Civil] (Rule 56(f) continuances "liberally granted")

Fernau v. Rowdon (3/1/2002) sp-5540 42 P3d 1047

[Family Law] (Rule 90.3: hybrid custody; prefer property division over alimony)

Tesoro Petroleum Corp. v. State (2/15/2002) sp-5539 42 P3d 531

[Statutory Construction] (maxims of statutory construction; sliding scale)

Justice v. R.M.H. Aero Logging, Inc. (2/15/2002) sp-5538 42 P3d 549

[Workers' Compensation] (retroactive comp rate increase)

V.S.B. v. State (2/15/2002) sp-5537 45 P3d 1198

[Family Law] (Compliance with treatment plan not conclusive)

De Salvo v. Bryant (2/15/2002) sp-5536 42 P3d 525

[Administrative Agencies] (settlement of AWHA overtime claims)

[Attorneys and Judges] (attorney fees under the "catalyst theory")

[Procedure, Civil] (private settlements are favored)

Juelfs v. Gough (2/15/2002) sp-5535 41 P3d 593

[Family Law] (visitation rights with a pet dog)

[Procedure, Civil] (time limit for change of judge)

Alaska Railroad v. Native Village of Eklutna (2/15/2002) sp-5534 43 P3d 588

[Municipal Corporations] (nonconforming vs. conditional use)

Municipality of Anchorage v. Suzuki (2/8/2002) sp-5533 41 P3d 147

[Real Estate] (definitions of "easement" and "property")

[Statutory Construction] (several axioms; sliding scale)

Williams v. Crawford (2/8/2002) sp-5532 47 P3d 1077

[Family Law] (actuarial value of pension in property settlement)

Lakosh v. Alaska Dept. of Environmental Conservation (2/1/2002) sp-5531

--- Withdrawn and reissued as sp-5589 ---

Lake & Peninsula Borough v. Norquest Seafoods, Inc. (2/1/2002) sp-5530 42 P3d 521

[Municipal Corporations] (no sales tax on antitrust settlement)

Rockstad v. Global Finance & Investment Co., Inc. (2/1/2002) sp-5529 41 P3d 583

[Contracts] (interpreting commercial real estate lease)

[Real Estate] (interpreting commercial real estate lease)

Cizek v. Concerned Citizens of Eagle River Valley, Inc. (2/1/2002) sp-5528

--- Withdrawn and reissued as sp-5584 ---

M.J.S. v. State, Dept. of Health and Social Services (1/25/2002) sp-5527 39 P3d 1123

[Family Law] (fail to participate in plan-abandonment; who qualifies as guardian)

Kaiser v. Sakata (1/18/2002) sp-5526 40 P3d 800

[Attorneys and Judges] (discretion to allow fee motion after ten days)

[Procedure, Civil] (discretion to appoint advisory panel; duty to advise pro se litigant)

Velasquez v. Velasquez (1/11/2002) sp-5525 38 P3d 1143

[Family Law] (no fault divorce statute vs. custody issues)

Wassserman v. Bartholomew (1/11/2002) sp-5524 38 P3d 1162

[Attorneys and Judges] (no disqualification after reverse on appeal)

[Procedure, Appellate] (credibility issue, deference to trial judge)

[Torts] (police use of excessive force)

State v. Smith (1/11/2002) sp-5523 38 P3d 1149

[Criminal] (need miranda only upon "custodial interrogation")

Moody v. Delta Western, Inc. (1/11/2002) sp-5522 38 P3d 1139

[Torts] (the Firefighter's Rule)

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 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 at one of the addresses listed below. We arepleased to present Alaska Supreme Court Opinions. For more legal resources, visit the The Alaska Legal Resource Center.

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