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

Sowinski v. Walker (12/31/2008) sp-6332, 198 P3d 1134
[Damages] (Alaska is a pure several liability state, which may allow double recovery for a plaintiff.)
[Real Estate] (when state not required to maintain road)
[Torts] (Alaska is a pure several liability state, which may allow double recovery for a plaintiff. The rule in Loeb is superseded. Wrongful death for decedent without dependents only allow pecuniary damages. No loss of consortium recovery after majority. Independent claim for parents for death of child under AS 09.15.010)
State Farm Mutual Automobile Co. v. Wilson (12/31/2008) sp-6331, 199 P3d 581
[Business, Commercial/Labor Law] (policy behind UIM coverage)
[Workers' Compensation] (no civil suit against fellow employee)
State v. Alaska Public Employees Association (12/19/2008) sp-6330, 199 P3d 1161
[Business, Commercial/Labor Law] (prejudgment interest in arbitration)
Bridges v. Banner Health (12/19/2008) sp-6329
[Procedure, Civil] (Rule 24, intervention; ruling on one motion denies another)
Carter v. B&B Construction, Inc. (12/19/2008) sp-6328, 199 P3d 1150
[Workers' Compensation] (failure to overcome presumption of compensability)
Bylers Alaska Wilderness Adventures Inc. v. The City of Kodiak (12/12/2008) sp-6327, 197 P3d 199
[Evidence] (E.R.402, relevance; ER 403, more prejudicial than probative; ER 404, character evidence)
[Procedure, Appellate] (law of the case; plain error)
[Procedure, Civil] (law of the case doctrine)
[Torts] (truth is a defense to defamation)
Smith v. Groleske (12/05/2008) sp-6326, 196 P3d 1102
[Constitutional] (when due process requires hearing)
[Family Law] (change of jobs on North Slope is change of circumstances)
[Procedure, Civil] (no summary disposition of good faith)
Kim v. Alyeska Seafoods, Inc. (12/05/2008) sp-6325, 197 P3d 193
[Procedure, Civil] (procedural statute, mandatory or directive; statute of limitations defense disfavored)
[Workers' Compensation] (affidavit of readiness is directive, not mandatory)
Mikesell v. Waterman (12/05/2008) sp-6324, 197 P3d 184
[Family Law] (home state jurisdiction under UCCJEA)
[Procedure, Civil] (hearing required only with genuine issue)
The Progressive Corporation v. Peter (11/14/2008) sp-6323, 195 P3d 1083
[Procedure, Civil] (Rule 68, valid offer; Rule 82, prevailing party)
Beegan v. State (10/31/2008) sp-6322, 195 P3d 134
[Business, Commercial/Labor Law] (two forums for employment discrimination)
[Equity] (equitable tolling doctrine; collateral estoppel and res judicata)
Barrington v. Alaska Communications Systems Group, Inc. (10/24/2008) sp-6321, 198 P3d 1122
[Workers' Compensation] (notice required to unpaid medical provider; appeals commission not a party to an appeal)
Robertson v. Riplett (10/24/2008) sp-6320, 194 P3d 382
[Family Law] (analysis of the UCCJEA)
Pastos v. State (10/24/2008) sp-6319, 194 P3d 387
[Criminal] (domestic violence-what is "contact"?)
Capolicchio v. Levy (10/16/2008) sp-6318, 194 P3d 373
[Procedure, Civil] (how trial court treats pro se litigants; Rule 56, failure to oppose summary judgment)
Ferguson v. Ferguson (10/16/2008) sp-6317, 195 P3d 127
[Family Law] (prepaid child support)
Bauer v. State, Dept. of Corrections (10/16/2008) sp-6316, 193 P3d 1180
[Procedure, Civil] (mootness doctrine)
Alford v. State, Dept. of Administration, Div. of Retirement and Benefits (10/16/2008) sp-6315, 195 P3d 118
[Administrative Agencies] (changes in PERS benefits)
Powell v. Powell (10/10/2008) sp-6314, 194 P3d 364
[Attorneys and Judges] (fee in Rule 60(b) property division set aside)
[Family Law] (setting aside property settlement using Rule 60(b); presumption of equitable distribution; lawyer fees)
[Procedure, Civil] (When Rule 60(b)(6) relief not available)
Worland v. Worland (09/26/2008) sp-6313, 193 P3d 735
[Attorneys and Judges] (late-filed motion for fees)
[Contracts] (binding nature of settlement agreements)
[Family Law] (binding nature of settlement agreements)
State Farm Mutual Automobile Insurance Co. v. Dowdy (09/26/2008) sp-6312, 192 P3d 994
[Torts] (insurance coverage for bystander NIED claim)
Harris v. Ahtna, Inc. (09/26/2008) sp-6311, 193 P3d 300
[Procedure, Civil] (Rule 78, prepare findings and conclusions; unfair surprise)
Mitchell v. Teck Cominco Alaska, Inc. (09/26/2008) sp-6310, 193 P3d 751
[Business, Commercial/Labor Law] (at-will employee contracts; good faith, fair dealing)
[Contracts] (at-will contracts; good faith, fair dealing)
[Procedure, Civil] (56(f) requests "freely granted")
In the Matter of the Protective Proceedings of W.A. (09/26/2008) sp-6309, 193 P3d 743
[Probate] (guardian appointment requires clear and convincing evidence)
[Procedure, Appellate] (argument waived by "cursory statement" in brief)
Vanek v. State, Board of Fisheries (09/19/2008) sp-6308, 193 P3d 283
[Administrative Agencies] (CFEC permits not a property interest)
[Constitutional] (CFEC permits not a property interest)
[Procedure, Civil] (mootness doctrine)
In the Matter of the Guardianship of McGregory (09/19/2008) sp-6307, 193 P3d 295
[Attorneys and Judges] (fee awards in guardianship proceedings)
[Probate] (fee awards in guardianship proceedings)
Eniero v. Brekke (09/12/2008) sp-6306, 192 P3d 147
[Family Law] (parent desires to leave Alaska with the child)
Braun v. Denali Borough (09/12/2008) sp-6305, 193 P3d 719
[Attorneys and Judges] (fee award under the catalyst theory)
[Municipal Corporations] (apportionment plan; deference to the assembly)
Littleton v. Banks (09/12/2008) sp-6304, 192 P3d 154
[Family Law] (custody investigator impartiality; preference for joint legal custody)
Bragg v. Matanuska-Susitna Borough (08/29/2008) sp-6303, 192 P3d 982
[Municipal Corporations] (borough authority to levy tobacco tax)
[Procedure, Civil] (criteria to determine standing to file suit)
Haggblom v. City of Dillingham (08/29/2008) sp-6302, 191 P3d 991
Baker v. State, Dept of Health & Social Services (08/29/2008) sp-6301, 191 P3d 1005
[Administrative Agencies] (due process when reducing public assistance)
Wayne B. v. Alaska Psychiatric Institute (08/29/2008) sp-6300, 192 P3d 989
[Procedure, Civil] (Rule 53, master must file report and transcript)
Burnett v. Covell (08/29/2008) sp-6299, 191 P3d 985
[Torts] (liability of office owner for injury under Webb.; strict products liability doesn't apply)
State v. Alaska State Employees Association (08/22/2008) sp-6298, 190 P3d 720
[Administrative Agencies] (prejudgment interest against the state)
[Contracts] (prejudgment interest against the state)
Smith v. Stafford (08/08/2008) sp-6297, 189 P3d 1065
[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)
Krushensky v. Farinas (08/08/2008) sp-6296, 189 P3d 1056
[Family Law] (QDRO's and QPSA's in property division)
McLane v. Paul (08/01/2008) sp-6295, 189 P3d 1039
[Family Law] (what constitutes change in circumstances)
Jarvill v. Porky's Equipment, Inc. (08/01/2008) sp-6294, 189 P3d 335
[Contracts] (guidelines for establishing apparent agency)
[Torts] (limitations stat. runs from date of damage/injury)
Rhodes v. Erion (08/01/2008) sp-6293, 189 P3d 1051
[Attorneys and Judges] (attorney fee, Rule 68)
[Procedure, Appellate] (standard of review, attorney fee)
[Procedure, Civil] (Rule 68, attorney fee)
Hooper v. Hooper (07/25/2008) sp-6292, 188 P3d 681
[Family Law] (equal property division presumed equitable; Merrill factors; rehabilitative alimony)
VECO Alaska, Inc. v. State, Dept. of Labor, Division of Worker's Compensation, Second Injury Fund (07/25/2008) sp-6291, 189 P3d 983
[Workers' Compensation] (second injury fund reimbursement)
Doe v. State (07/25/2008) sp-6290, 189 P3d 999
[Constitutional] (ASORA is ex post facto law)
[Criminal] (ASORA is ex post facto law)
Tillmon v. Tillmon (07/25/2008) sp-6289, 189 P3d 1022
[Family Law] (modify support retroactively; equal division of property presumed equitable; dividing military pension)
Parson v. State, Dept. of Revenue, AHFC (07/25/2008) sp-6288, 189 P3d 1032
[Administrative Agencies] (procedure under Human Rights Act; preclusive effect of administrative adjudication)
[Procedure, Civil] (preclusive effect of admin adjudication)
Black v. Municipality of Anchorage (07/18/2008) sp-6287, 187 P3d 1096
[Real Estate] (property tax on condo)
Audrey H. v. State (07/18/2008) sp-6286, 188 P3d 688
[Family Law] (termination; order excusing reasonable efforts)
Maddox v. Hardy (07/11/2008) sp-6284, 187 P3d 486
[Real Estate] (bill of sale vs. recording statute)
[Torts] (strict liability-environmental tort; defamation, IIED, battery, nuisance)
Wolff v. Cunningham (07/08/2008) sp-6285, 187 P3d 479
[Family Law] (contract to waive child support)
Morris v. State, Dept. of Administration, Division of Motor Vehicles (07/03/2008) sp-6283, 186 P3d 575
[Criminal] (DUI breath test presumed valid)
Edenshaw v. Safeway, Inc. (07/03/2008) sp-6282, 186 P3d 568
[Torts] (grocery store slip-and-fall; issues of negligence are for a jury)
Petitioners for the Dissolution of the City of Skagway and Incorporation of a Skagway Borough v. Local Boundary Commission (07/03/2008) sp-6281, 186 P3d 571
[Attorneys and Judges] (public interest exception to Rule 82)
Dieringer v. Martin (07/03/2008) sp-6280, 187 P3d 468
[Attorneys and Judges] (lawyer and pers, rep. fees in an estate)
[Probate] (lawyer and personal representative fees in an estate)
[Procedure, Appellate] (law of the case doctrine)
[Procedure, Civil] (law of the case doctrine)
Nelson v. State, Commercial Fisheries Entry Commission (07/03/2008) sp-6279, 186 P3d 582
[Equity] (estoppel against the government)
[Procedure, Appellate] (standards of review for administrative appeals)
Wilber v. State, Commercial Fisheries Entry Commission (06/27/2008) sp-6278, 187 P3d 460
[Procedure, Appellate] (defer to agency on interpretation of regs and matters of fundamental policy)
Carter v. B&B Construction, Inc. (06/27/2008) sp-6277, 199 P3d 1150
[Workers' Compensation] (failure to overcome presumption of compensability)
Griswold v. City of Homer (06/20/2008) sp-6276, 186 P3d 558
[Municipal Corporations] (can't pass zoning by voter initiative)
Estate of Elsie Logusak v. City of Togiak (06/13/2008) sp-6275, 185 P3d 103
[Municipal Corporations] (negligence per se; police officer duty to intoxicated minor)
[Torts] (negligence per se; police officer duty to intoxicated minor)
Wilson W. v. State, Office of Children's Services (06/13/2008) sp-6274, 185 P3d 94
[Family Law] (CINA, ICWA requires "active efforts" by OCS)
Whittier Properties, Inc. v. Alaska National Insurance Co. (06/13/2008) sp-6273, 185 P3d 84
[Business, Commercial/Labor Law] (insurance policy as adhesion contract; ambiguity in policy exclusion; reasonable expectations doctrine)
[Contracts] (insurance policy as adhesion contract; ambiguity in policy exclusion; reasonable expectations doctrine)
Sawicki v. Haxby (06/13/2008) sp-6272, 186 P3d 546
[Family Law] (proving voluntary underemployment)
Fuhs v. Gilbertson (06/13/2008) sp-6271, 186 P3d 551
[Administrative Agencies] (standing to challenge CON issued by DHSS)
[Attorneys and Judges] (no public interest litigant in non-constitutional cases; Rule 82, onerous fee award to non-prevailing party)
[Procedure, Civil] (standing to seek injunctive relief against DHSS)
Wasser & Winters Company v. Ritchie Bros. Auctioneers (America), Inc. (05/23/2008) sp-6270, 185 P3d 73
[Attorneys and Judges] (paralegal fees)
[Equity] (reformation; mutual mistake; risk of mistake)
Matanuska Electric Association, Inc. v. Municipality of Anchorage (05/23/2008) sp-6269, 184 P3d 19
[Procedure, Appellate] (standard of review, agency or commission; harmless error)
Wagner v. Wagner (05/23/2008) sp-6268, 183 P3d 1265
[Attorneys and Judges] (fees in specific performance case)
[Equity] (specific performance)
Amos v. Allstate Insurance Company (05/23/2008) sp-6267, 184 P3d 28
[Business, Commercial/Labor Law] (terminate insurance policy for late payment)
[Contracts] (terminate insurance policy for late payment)
Pam R. v. State, Dept of Health & Social Services, Office of Children's Services (05/23/2008) sp-6266, 185 P3d 67
[Family Law] ("Indian custodian" under ICEA)
Carr-Gottstein Foods Co. v. Wasilla, LLC (05/16/2008) sp-6265, 182 P3d 1131
[Contracts] (when non-waiver clause is not effective)
[Equity] (waiver as a defense)
Pomeroy v. Rizzo (05/16/2008) sp-6264, 182 P3d 1125
[Procedure, Civil] (trial court not obligated to adopt litigant's interpretation of the law; Rule 77)
[Torts] (abuse of process)
Maness v. Daily (05/16/2008) sp-6263, 184 P3d 1
[Criminal] (facts from sentencing hearing not sufficient for collateral estoppel in subsequent civil case)
[Equity] (facts from sentencing hearing not sufficient for collateral estoppel in subsequent civil case)
[Torts] (facts from sentencing hearing not sufficient for collateral estoppel in subsequent civil case)
Thomas H. v. State, Dept of Health & Social Services, Office of Children's Services (05/16/2008) sp-6262, 184 P3d 9
[Family Law] (termination of parental rights)
Haines v. Cox (05/16/2008) sp-6261, 182 P3d 1140
[Family Law] (value marital property at date of trial vs. date of separation; awarding rental value of marital home)
[Procedure, Appellate] (issue first raised on motion to reconsider)
Skinner v. Hagberg (05/16/2008) sp-6260, 183 P3d 486
[Family Law] (support obligation begins at birth of child; allocation of visitation travel expenses)
Kestner v. Clark (05/09/2008) sp-6259, 182 P3d 1117
[Family Law] (discovery of tax returns; imputing income to a stay-at home mom with children by a subsequent marriage)
Tessa M. v. State, Dept. of Health & Social Services, Office of Children's Services (05/09/2008) sp-6258, 182 P3d 1110
[Family Law] (termination of parental rights)
Keenan v. Wade (05/09/2008) sp-6257, 182 P3d 1099
[Evidence] (real estate owner can express opinion of value)
[Real Estate] (partition; "owner can express opinion of value)
Seybert v. Cominco Alaska Exploration (05/02/2008) sp-6256, 182 P3d 1079
[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, 181 P3d 1106
[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, 182 P3d 614
[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, 181 P3d 1102
[Procedure, Appellate] (standing to appeal)
[Procedure, Civil] (standing to file suit)
Hallam v. Holland America Line, Inc. (04/18/2008) sp-6252, 180 P3d 955
[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, 180 P3d 943
[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, 191 P3d 137
[Constitutional] (higher fees charged to nonresident fishers)
Blanton v. Yourkowski (04/11/2008) sp-6249, 180 P3d 948
[Family Law] (custody when parents live in different cities)
Air Logistics of Alaska, Inc. v. Throop (04/11/2008) sp-6248, 181 P3d 1084
[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, 181 P3d 177
[Family Law] (parental termination not in child's best interest)
Bodkin v. Cook Inlet Region, Inc. (04/04/2008) sp-6246, 182 P3d 1072
[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, 179 P3d 944
[Family Law] (domestic violence is change in circumstances)
In Re Reinstatement of Wiederholt (03/28/2008) sp-6243, 182 P3d 1047
[Attorneys and Judges] (presumption against reinstatement)
Bradley v. Klaes (03/28/2008) sp-6242, 181 P3d 169
[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, 179 P3d 941
[Municipal Corporations] (presumption in favor of candidate eligibility)
Chesser v. Chesser-Witmer (03/21/2008) sp-6241, 178 P3d 1154
[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, 178 P3d 1141
[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, 178 P3d 1159
[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, 178 P3d 459
[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, 179 P3d 930
[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, 187 P3d 443
[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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