Alaska Supreme Court Cases
(2003 Chronological Index)

(From 1/1/03)
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This chronological index is presented by Touch N' Go Systems, Inc. (touchngo@touchngo.com), and The Law Offices of James B. Gottstein .

Supreme Court Subject Index...

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O'Connor v. Star Insurance Co. (12/26/2003) sp-5765 83 P3d 1
[Business, Commercial/Labor Law] (performance bond vs. licensing bond)
Sisters of Providence in Washington v. A.A. Pain Clinic, Inc. (12/19/2003) sp-5764 81 P3d 989
[Attorneys and Judges] (trial judge discretion, prevailing party and fees)
[Damages] (lost profits of professional corp.; cannot include lawyer fees and litigant preparation time)
[Torts] (intentional interference with contract/economic advantage; antitrust/restraint of trade)
Crawford & Co. v. Baker-Withrow (12/19/2003) sp-5763 81 P3d 982
[Procedure, Appellate] (final order; right to appeal)
[Workers' Compensation] (final order; right to appeal)
ACS of Alaska, Inc. v. Regulatory Commission of Alaska (12/12/2003) sp-5762 81 P3d 292
[Administrative Agencies] (rural exemptions for telephone companies)
[Federal Issues] (rural exemptions for telephone companies)
Dague v. State (12/05/2003) sp-5761 81 P3d 274
[Criminal] (when central issue in murder case is whether defendant’s actions were knowing, cross examination of state’s expert tending to support defense testimony must be allowed)
Fletcher v. Trademark Construction, Inc. (12/05/2003) sp-5760 80 P3d 725
[Damages] (breach of contract damages, prove with reasonable certainty)
[Procedure, Civil] (Rule 41(b) involuntary dismissal)
Rausch v. Devine (12/05/2003) sp-5759 80 P3d 733
[Procedure, Appellate] (deference to trial court on witness credibility)
[Real Estate] (recorded deed presumes delivery)
Stanek v. Kenai Peninsula Borough (12/05/2003) sp-5758 81 P3d 268
[Municipal Corporations] (taxing authority of local governments liberally construed and exemptions applied narrowly)
Williams v. Engen (12/05/2003) sp-5757 80 P3d 745
[Procedure, Civil] (Limits on Rule 27, Discovery before Action)
Alaska Center for the Environment v. State (11/28/2003) sp-5756 80 P3d 231
[Statutory Construction] (reject plain meaning rule; review statute as a whole when considering ambiguity)
Gurney v. Gurney (11/21/2003) sp-5755 80 P3d 223
[Family Law] (property division between cohabiting couple)
Doxsee v. Doxsee (11/21/2003) sp-5754 80 P3d 225
[Torts] (aggravation of pre-existing injury)
Freitas v. Alaska Radiology Associates, Inc. (11/14/2003) sp-5753 80 P3d 696
K & K Recycling v. Alaska Gold Co. (11/14/2003) sp-5752 80 P3d 702
[Attorneys and Judges] (prevailing party-amount of fee are discretionary)
[Constitutional] (interpret = ? Of law; intent = ? Of fact; accord and satisfaction; repudiation and anticipatory breach; no punitive damages in contract case; assignment of contract/novation)
[Damages] (no punitive damages in contract case)
[Torts] (interfere w/contract; conversion)
Samaniego v. City of Kodiak (11/14/2003) sp-5751 80 P3d 216
[Evidence] (admissibility of scientific evidence; Rule 403 weighing probative value vs. potential prejudice)
State v. Wagar (11/07/2003) sp-5750 79 P3d 664
[Criminal] (investigative stop, frisking for weapons)
Friends of Cooper Landing v. Kenai Peninsula Borough (11/07/2003) sp-5749 79 P3d 643
[Municipal Corporations] (distinction between quasi-judicial and legislative decision when appealing municipal decision)
[Procedure, Appellate] (distinction between quasi-judicial and legislative decision when appealing municipal decision)
In the Matter of the Adoption of Keith M.W. (10/31/2003) sp-5748 79 P3d 623
[Family Law] (consent to direct placement adoption under ICWA)
Brandner v. Agre (10/31/2003) sp-5747 80 P3d 691
[Equity] (when district court has equity jurisdiction)
[Procedure, Appellate] (standard of review for denial of continuance)
Great Divide Insurance Co. v. Carpenter (10/24/2003) sp-5746 79 P3d 599
[Business, Commercial/Labor Law] (insurance contracts = adhesion contracts)
[Contracts] (insurance contracts = adhesion contracts)
[Damages] (fair notice required for punitive damages)
Anderson v. State (10/16/2003) sp-5745 78 P3d 710
[Damages] (the state must share pro rata in a lawyer fee when)
[Procedure, Civil] (the state must share pro rata in a lawyer fee when it receives 50% of a punitive damage award)
Vivian P. v. State (10/16/2003) sp-5744 78 P3d 703
[Family Law] (reasonable reunite effort not required when circumstances pose a substantial risk to child’s health or safety)
Greenpeace, Inc. v. State (10/16/2003) sp-5743 79 P3d 591
[Administrative Agencies] (cumulative impacts of oil drilling under ACMP)
Turner v. Alaska Communications Systems Long Distance (10/10/2003) sp-5742 78 P3d 264
[Attorneys and Judges] (fees and cost against absent class members)
Alyeska Pipeline Service Co. v. DeShong (10/03/2003) sp-5740 77 P3d 1227
[Workers' Compensation] (medical stability, right to change physicians, interplay between workers’ comp and unemployment)
Frank E. v. State (09/26/2003) sp-5741 77 P3d 715
[Family Law] (long prison term-terminate parental rights)
Lawson v. Helmer (09/26/2003) sp-5739 77 P3d 724
[Torts] (defamation: absolute privilege-court proceedings)
State Farm Fire & Casualty Co. v. White-Rodgers Corp. (09/26/2003) sp-5738 77 P3d 729
[Torts] (trespass, 6-year v. 2-year stat. of limitations)
Grimm v. Wagoner (09/19/2003) sp-5737 77 P3d 423
[Administrative Agencies] (public official financial disclosure statutes require only substantial, not strict, compliance; corrupt election practice is basis for election contest only if sufficient to change the result)
[Statutory Construction] (public official financial disclosure statutes require only substantial, not strict, compliance; corrupt election practice is basis for election contest only if sufficient to change the result)
Martin N. v. State, Dept. of Health and Social Services (09/12/2003) sp-5736 79 P3d 50
[Family Law] (4 findings required for parental rights termination; witnessing violence is mentally harmful to small children)
[Procedure, Appellate] (deference to trial court on fact issues)
In the Matter of the Adoption of Bernard A. (09/12/2003) sp-5735 77 P3d 4
[Family Law] (extended family preference under ICWA; continuity of caregiving for foster children)
Genaro v. Municipality of Anchorage (09/05/2003) sp-5734 76 P3d 844
[Procedure, Civil] (Rule 36, request for admissions; duty to pro se litigant)
Riddell v. Edwards (09/05/2003) sp-5733 76 P3d 847
[Equity] (constructive trust; equity only when no remedy at law)
[Family Law] (void vs. voidable marriage)
[Probate] (statutory allowances/share vest upon death; personal rep. cannot sue to void a marriage)
Skaflestad v. Huna Totem Corp. (08/29/2003) sp-5732 76 P3d 391
[Business, Commercial/Labor Law] (false or misleading proxy solicitations)
Spinell Homes, Inc. v. Municipality of Anchorage (08/22/2003) sp-5731 78 P3d 692
[Constitutional] (Sandberg guidelines for inverse condemnation)
[Real Estate] (plat notes run with the land; zoning v. plat notes)
Hawken Northwest, Inc. v. State, Dept. of Administration (08/22/2003) sp-5730 76 P3d 371
[Contracts] (set aside release based on economic duress)
In Re Life Insurance Co. of Alaska (08/22/2003) sp-5729 76 P3d 366
[Statutory Construction] (plain meaning rule; sliding scale)
Koyukuk River Basin Moose Co-Management Team v. Board of Game (08/22/2003) sp-5728 76 P3d 383
[Administrative Agencies] (deference to resource management decisions)
[Procedure, Appellate] (deference to resource management decisions)
Price v. Eastham (08/15/2003) sp-5727 75 P3d 1051
[Real Estate] (prescriptive easements; RS 2477)
Ketchikan Gateway Borough v. Ketchikan Indian Corp. (08/15/2003) sp-5726 75 P3d 1042
[Federal Issues] (local property taxes; federal exemption)
[Municipal Corporations] (apportioning property taxes; burden of proving exemptions)
Fuller v. City of Homer (08/15/2003) sp-5725 75 P3d 1059
[Administrative Agencies] (deliberative process under the public records act)
[Municipal Corporations] (deliberative process under the public records act)
O'Connell v. Christenson (08/15/2003) sp-5724 75 P3d 1037
[Family Law] (specific findings required when imputing income)
[Procedure, Appellate] (trial court must provide findings adequate for review)
Witt v. State, Dept. of Corrections (08/08/2003) sp-5723 75 P3d 1030
[Contracts] (terminate probationary employee; covenant of good faith)
[Procedure, Civil] (oppose summary judgment with facts, not allegations)
Vukmir v. Vukmir (08/01/2003) sp-5722 74 P3d 918
[Probate] (will interpretation; specific bequests)
Sherry R. v. State, Dept. of Health & Social Services (08/01/2003) sp-5721 74 P3d 896
[Family Law] (termination of parental rights)
[Procedure, Appellate] (standard of review, terminate parental rights)
Teseniar v. Spicer (08/01/2003) sp-5720 74 P3d 910
[Family Law] (courts must follow Rule 90.3; jurisdiction under UIFSA)
McElroy v. Kennedy (08/01/2003) sp-5719 74 P3d 903
[Procedure, Civil] (res judicata, especially collateral estoppel)
Grinols v. State (08/01/2003) sp-5718 74 P3d 889
[Criminal] (right to competent counsel, post-conviction relief)
Kiokun v. State, Dept. of Public Safety (07/25/2003) sp-5717 74 P3d 209
[Torts] (state tort immunity; planning vs. operational)
Alaska Wildlife Alliance v. State (07/25/2003) sp-5716 74 P3d 201
[Attorneys and Judges] (public interest litigant fees)
[Procedure, Civil] (Rule 12(b)(6) and res judicata)
Therchik v. Grant Aviation, Inc. (07/25/2003) sp-5715 74 P3d 191
[Statutory Construction] (word-for-word identical vs. "conform with")
Froines v. Valdez Fisheries Development Assoc. (07/25/2003) sp-5714 75 P3d 83
[Contracts] (parol evidence rule)
Alaska State Employees Assoc./AFSCME Local 52 v. State (07/25/2003) sp-5713 74 P3d 881
[Business, Commercial/Labor Law] (definition of "just cause" for employment dismissal)
[Procedure, Appellate] (deference to an arbitrator unless gross error)
Yates v. Halford (07/18/2003) sp-5712 74 P3d 881
[Equity] (specific performance available even when financially unable to meet terms of contract)
Brandon v. State, Dept. of Corrections (07/18/2003) sp-5711 73 P3d 1230
[Administrative Agencies] (discipline hearing, prisoner due process rights)
[Constitutional] (discipline hearing, prisoner due process rights)
Crawford & Co. v. Baker-Withrow (07/18/2003) sp-5710 73 P3d 1227
[Workers' Compensation] (written plan for multiple-continuing treatments)
Smith v. Weekley (07/18/2003) sp-5709 73 P3d 1219
[Family Law] (no presumptive preference for parent with interim custody; use of statutory best interests analysis.)
Conservatorship Estate of K.H. v. Continental Insurance Co. (06/20/2003) sp-5708 73 P3d 588
[Municipal Corporations] (breach of trust, 6-month statute of limitations)
Duffus v. Duffus (06/20/2003) sp-5707 72 P3d 313
[Family Law] (retroactive modification of support order; computing past support when no order existed)
[Procedure, Appellate] (preserving appeal from a master’s findings)
Kodiak Island Borough v. Mahoney (06/20/2003) sp-5706 71 P3d 896
[Constitutional] (ballot initiatives raising constitutional issues)
Bradbury v. Chugach Electric Assoc. (06/20/2003) sp-5705 71 P3d 901
[Workers' Compensation] (presumption of compensability; 3-step analysis; medical testimony need not be unqualified)
Carr-Gottstein Properties v. Benedict (06/20/2003) sp-5704 72 P3d 308
[Contracts] (liquidated damages okay if not a penalty)
[Damages] (liquidated damages okay if not a penalty)
Richard B. v. State, Dept. of Health & Social Services (06/13/2003) sp-5703 71 P3d 811
[Attorneys and Judges] (duty to former clients, imputed disqualification)
[Constitutional] (prisoner’s right to be transported to trial)
Quality Asphalt Paving, Inc. v. State, Dept. of Transportation and Public Facilities (06/13/2003) sp-5702 71 P3d 865
[Procedure, Civil] (legislature must authorize interest against state)
Fletcher v. South Peninsula Hospital (06/13/2003) sp-5701 71 P3d 833
[Torts] (hospitals: non-delegable duty doesn’t apply to physicians selected by patient; corporate negligence)
Harrower v. Harrower (06/13/2003) sp-5700 71 P3d 854
[Family Law] (converting separate property to marital through transmutation or active appreciation)
Koller v. Reft (06/13/2003) sp-5699 71 P3d 800
[Attorneys and Judges] (the "divorce exception" to fee and cost awards)
[Family Law] (varying 90.3 support for "manifest injustice" requires findings; the "divorce exception" to fee and cost awards)
Duncan v. Retired Public Employees of Alaska (06/13/2003) sp-5698 71 P3d 882
[Administrative Agencies] (changes in retirees’ vested benefits)
[Constitutional] (changes in retirees’ vested benefits)
Cizek v. Concerned Citizens of Eagle River (06/13/2003) sp-5697 71 P3d 845
[Attorneys and Judges] (Rule 82 fees available for donated legal services; motion for fees must be filed in 10 days, but may be extended)
National Bank of Alaska v. Ketzler (06/06/2003) sp-5696 71 P3d 333
[Real Estate] (spouse must join in conveyance of family home)
Adoption of L.E.K.M. (05/30/2003) sp-5695 70 P3d 1097
[Family Law] (no relative-placement preference in adoptions)
Wendte v. State, Board of Real Estate Appraisers (05/23/2003) sp-5694 70 P3d 1089
[Administrative Agencies] (suspend professional license; crime of moral turpitude)
[Constitutional] (professional license suspension not double jeopardy)
State, Dept. of Health & Social Services v. Sandsness (05/23/2003) sp-5693 72 P3d 299
[Torts] (no state liability when released juvenile offender commits a murder)
Malabed v. North Slope Borough (05/16/2003) sp-5692 70 P3d 416
[Constitutional] (hiring preference violates equal protection; three step equal protection analysis under Alaska Constitution.)
Marine Solution Services, Inc. v. Horton (05/16/2003) sp-5691 70 P3d 393
[Business, Commercial/Labor Law] (corp. officer may sue corp.; piercing the corp. veil)
[Federal Issues] (Jones Act, negligence and unseaworthiness claims)
[Procedure, Civil] (jury instructions, trial court broad discretion)
Robinson v. Municipality of Anchorage (05/09/2003) sp-5690 69 P3d 489
[Workers' Compensation] (Court defers to Board on credibility issues and reweighing of conflicting evidence)
Wyller v. Madsen (05/09/2003) sp-5689 69 P3d 482
[Business, Commercial/Labor Law] (all partners liable for p’ship debts; damages for wrongful dissolution)
Reynolds v. The Sisco Group, Inc. (05/09/2003) sp-5688 70 P3d 338
[Probate] (judgment creditor collecting from estate assets)
Corbin v. Corbin (05/02/2003) sp-5687 68 P3d 1269
[Family Law] (support when custody is divided with third party)
Jack C. v. State, Division of Family and Youth Services (05/02/2003) sp-5686 68 P3d 1274
[Family Law] (termination of parental rights)
Blood v. Kenneth Murray Insurance, Inc. (04/25/2003) sp-5685 68 P3d 1251
[Business, Commercial/Labor Law] (insurer’s notice required when canceling policy)
[Procedure, Civil] (law favors arbitration; waiver not "lightly inferred")
Tush v. Pharr (04/25/2003) sp-5684 68 P3d 1239
[Attorneys and Judges] (duty to investigate existence of insurance)
Ford v. Ford (04/25/2003) sp-5683 68 P3d 1258
[Contracts] (enforcing settlement reached by mediation)
[Evidence] (defer to trial judge on witness credibility)
[Family Law] (settlements are favored; enforcing property settlement reached by mediation)
Myers v. Alaska Housing Finance Corp. (04/18/2003) sp-5682 68 P3d 386
[Constitutional] (anti-dedication clause; tobacco settlement)
Coughlin v. Government Employees Insurance Co. (04/18/2003) sp-5681 69 P3d 986
[Statutory Construction] (exhaust policy limits to collect UIM coverage)
[Torts] (defining policy limits as it affects UIM coverage)
Conner v. Conner (04/18/2003) sp-5680 68 P3d 1232
[Family Law] (difference between work. comp., disability and retirement benefits. Date pension matures. Rehabilitative alimony)
Inman v. Inman (04/11/2003) sp-5679 67 P3d 655
[Equity] (Party must do equity to receive equity)
[Family Law] (date of separation=when marriage ceased to function as joint enterprise)
G.C. v. State, Dept. of Health & Social Services (04/11/2003) sp-5678 67 P3d 648
[Family Law] (abandonment of child based on incarceration)
Hixson v. Sarkesian (03/28/2003) sp-5677 66 P3d 753
[Family Law] (waiving the Rule 90.3 income cap; reorientation vs. rehabilitation alimony)
Jerue v. Millett (03/28/2003) sp-5676 66 P3d 736
[Attorneys and Judges] (dismissal may not prove prevailing party status)
[Business, Commercial/Labor Law] (fees and indemnification in corp. derivative suit)
Enders v. Parker (03/21/2003) sp-5675 66 P3d 11
[Probate] (recovery of expenses by personal rep.)
[Statutory Construction] (construing unambiguous statute)
Erica A. v. State, Dept. of Health & Social Services (03/21/2003) sp-5674 66 P3d 1
[Evidence] (defer to trial court on issues of credibility)
[Family Law] (termination of parental rights; power of attorney cannot assign custody)
[Procedure, Appellate] (defer to trial court on issues of credibility)
State, Commercial Fisheries Entry Commission v. Carlson (03/14/2003) sp-5673 65 P3d 851
[Constitutional] (higher fees charged to non-residents)
[Procedure, Appellate] (elements of stare decisis; waiver of issues not raised below)
[Procedure, Civil] (named class members can recover taxes for unnamed class members)
Anchorage Police & Fire Retirement System v. Gallion (03/14/2003) sp-5672 65 P3d 876
[Procedure, Civil] (elements of contempt of court; judge need not state applicable standard of proof)
Wyatt v. Estate of Wyatt (03/07/2003) sp-5671 65 P3d 825
[Attorneys and Judges] (no appointment of counsel in civil case)
[Contracts] (essential ingredients of a valid contract)
Palmer v. Municipality of Anchorage (03/07/2003) sp-5670 65 P3d 832
[Administrative Agencies] (AWCB and PFRB decisions, no preclusive effect)
Evans v. Native Village of Selawik IRA Council (02/28/2003) sp-5669 65 P3d 58
[Constitutional] (comity between tribal and state courts)
[Family Law] (due process required to terminate parental rights)
Getchell v. Lodge (02/28/2003) sp-5668 65 P3d 50
[Evidence] (expert opinion testimony must help the jury)
[Torts] (violate traffic law is negl. per se unless excused)
University of Alaska v. Alaska Community Colleges' Federation of Teachers, Local 2404 (02/21/2003) sp-5667 64 P3d 823
[Business, Commercial/Labor Law] (arbitration standard of review)
Gilbert v. Nina Plaza Condo Assoc. (02/14/2003) sp-5666 64 P3d 126
[Procedure, Civil] (relax procedures for pro se litigant)
Zaverl v. Hanley (02/14/2003) sp-5665 64 P3d 809
[Attorneys and Judges] (fees can’t be awarded against non-parties)
[Procedure, Civil] (error to admit trial testimony refused at deposition)
[Torts] (physician standard of care; general v. specialist)
Crosby v. Hummell (02/07/2003) sp-5664 63 P3d 1022
[Procedure, Civil] (judicial admission in defendant’s answer)
[Torts] (instructions in negligence per se case)
Kodiak Island Borough v. Roe (02/07/2003) sp-5663 63 P3d 1009
[Damages] (extraordinary costs of child rearing)
[Procedure, Civil] (error to instruct on non-economic damages cap)
[Torts] (apportionment, negligent and intentional torts)
Koyukuk River Tribal Task Force on Moose Management v. Rue (02/07/2003) sp-5662 63 P3d 1019
[Attorneys and Judges] (fees and costs; public interest litigant)
[Procedure, Civil] (fees and costs; public interest litigant)
Garner v. State, Dept. of Health & Social Services (01/31/2003) sp-5661 63 P3d 264
[Administrative Agencies] (Medicaid for disabled person)
[Federal Issues] (Americans with Disabilities Act)
Whalen v. Hanley (01/31/2003) sp-5660 63 P3d 254
[Torts] (legislative immunity is absolute)
Holding v. Municipality of Anchorage (01/31/2003) sp-5659 63 P3d 248
[Constitutional] (commercial speech doctrine)
[Municipal Corporations] (regulating "adult-oriented" businesses)
Bailey v. Bailey (01/31/2003) sp-5658 63 P3d 259
[Family Law] (retroactive modification not prohibited when support order does not reflect current status; adequate findings on child support order required)
DeNuptiis v. Unocal Corp. (01/31/2003) sp-5657 63 P3d 272
[Administrative Agencies] (preponderance is default standard of proof)
[Evidence] (when clear-convincing standard is proper)
[Procedure, Appellate] (agency policy, deferential standard of review)
[Workers' Compensation] (recovery of fraudulent benefits)
A.J. v. State, Dept. of Health & Social Services (01/17/2003) sp-5656 62 P3d 609
[Family Law] (terminating parental rights under ICWA)
State v. Strane (01/10/2003) sp-5655 61 P3d 1284
[Criminal] (consent not a defense to violating DV protective order; mistake of law also not a defense)
[Family Law] (consent not a defense to violating DV order)
[Statutory Construction] (principle of lenity in criminal statues)

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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Last Modified 12/29/2003