Alaska Supreme Court Cases

[Family Law] (when joint legal custody not appropriate; cooperation important when parents live far apart; rules for distributing property after cohabiting parties separate)

Sandy B. v. State, Dept. of Health & Social Services, Office of Children's Services (09/25/2009) sp-6416, 216 P3d 1180

[Family Law] (Termination of parental rights under ICWA)

Pebble Limited Partnership v. Parnell (09/18/2009) sp-6415, 215 P3d 1064

[Constitutional] (challenge to voter initiative)

Estate of Selma Smith v. Spinelli (09/18/2009) sp-6414, 216 P3d 524

[Real Estate] (3-step process for deed interpretation)

Havel v. Havel (09/18/2009) sp-6413, 216 P3d 1148

[Family Law] (when visitation schedule modifies decree)

Sea Hawk Seafoods, Inc. v. State (09/11/2009) sp-6412, 215 P3d 333

[Procedure, Civil] (State's waiver of sovereign immunity)

Luper v. City of Wasilla (09/11/2009) sp-6411, 215 P3d 342

[Constitutional] (due process requires notice and opportunity to be hear)

[Evidence] (can't rely on government employee statement contrary to the law; failure to enforce ordinance against others doesn't prove selective enforcement and discrimination)

Danielle A. v. State, Dept. of Health & Social Services, Office of Children's Services (09/11/2009) sp-6410, 215 P3d 349

[Family Law] (extending OCS custody of Indian child requires "active efforts" finding)

In the Matter of the Estate of Wayne Colyer Fields (09/04/2009) sp-6409, 219 P3d 995

[Constitutional] (personal jurisdiction over non-resident heir of estate; due process requires notice, opportunity to be heard)

[Equity] (constructive trusts)

[Probate] (probate jurisdiction of superior court; jurisdiction over non-resident heir of estate)

[Procedure, Civil] (probate jurisdiction of superior court; statute of limitations defense; personal jurisdiction over defendant who appears)

Municipality of Anchorage v. Regulatory Commission of Alaska (09/04/2009) sp-6408, 215 P3d 327

[Administrative Agencies] (AWWU rate increase)

[Procedure, Appellate] (standard of review , agency expertise)

Heitz v. State, Dept. of Health & Social Services (08/28/2009) sp-6407, 215 P3d 302

[Administrative Agencies] (reimbursement of foster parents)

[Constitutional] (due process rights of foster parents)

North Slope Borough v. Brower (08/28/2009) sp-6406, 215 P3d 308

[Damages] (recover under both wrongful death and through estate)

[Statutory Construction] (recover under both wrongful death and through estate)

Valentine v. State (08/28/2009) sp-6405, 215 P3d 319

[Criminal] (DUI, the delayed-absorption defense)

Sayer v. Bashaw (08/28/2009) sp-6404, 214 P3d 363

[Procedure, Civil] (Rule 68 fees require entry of judgment)

Johnson v. Johnson (08/28/2009) sp-6403, 214 P3d 369

[Family Law] (Uniformed Service Former Spouses Protection Act; pension payable to ex-wife even after remarriage)

[Procedure, Civil] (Rule 60(a) clerical error; Rule 60(b) mistake, inadvertence, excusable neglect)

State v. Jacob (08/28/2009) sp-6402, 214 P3d 353

[Attorneys and Judges] (Rule 82, determining who is prevailing party)

[Family Law] (grandparents entitled to notice of CINA hearing)

[Procedure, Appellate] (affirm on any grounds in the record)

Roeland v. Trucano (08/21/2009) sp-6401, 214 P3d 343

[Business, Commercial/Labor Law] (when transfer of ownership not considered a sale)

[Equity] (implied waiver)

[Real Estate] (right of first refusal, obligation to clarify; when transfer of ownership not considered a sale)

Rubey v. Alaska Commission on Postsecondary Education (08/21/2009) sp-6400, 217 P3d 413

[Administrative Agencies] (burden of proving regulation is invalid)

[Procedure, Appellate] (standard of review, administrative decision)

Douglas v. State (08/14/2009) sp-6399, 214 P3d 312

[Criminal] (disruptive behavior; right to be present at trial)

Peterson v. Swarthout (08/14/2009) sp-6398, 214 P3d 332

[Family Law] (discussion of joint legal custody; effect of support arrearage on custody decision)

[Procedure, Civil] (difference between oral and written findings)

Parks v. Parks (08/07/2009) sp-6397, 214 P3d 295

[Family Law] (history of perpetuating domestic violence; court need not state all findings; parent leaves state is change of circumstances)

Neal M. v. State, Dept. of Health & Social Services, Office of Children's Services (08/05/2009) sp-6396, 214 P3d 284

[Family Law] (ICWA parent termination)

Jon S. v. State, Dept. of Health & Social Services, Office of Children's Services (07/31/2009) sp-6395, 212 P3d 756

[Family Law] (termination of parental rights under ICWA)

Egner v. Talbot's, Inc. (07/31/2009) sp-6394, 214 P3d 272

[Contracts] (discovery rule applied by summary judgment; continuing violations doctrine)

[Torts] (discovery rule applied by summary judgment; continuing violations doctrine)

Asinuk Corporation v. Lower Yukon School District (07/31/2009) sp-6393, 214 P3d 259

[Business, Commercial/Labor Law] (apparent authority to act for principal; transactions between entities with same directors)

[Contracts] (what constitutes "consideration"; unconscionable contract; unilateral mistake-"conscious ignorance")

Asher v. Alkan Shelter, LLC (07/31/2009) sp-6392, 212 P3d 772

[Damages] (Alaska no longer uses joint and several liability; findings required for compensatory damages in non-jury trial; separate proceeding required for punitive damages)

[Procedure, Appellate] (Rule 9, pleading claim for fraud)

[Procedure, Civil] (trial court loses jurisdiction when case is appealed)

[Torts] (elements of claim for fraud)

In Re Brion (07/17/2009) sp-6391, 212 P3d 748

[Attorneys and Judges] (lawyer 3 year suspension w/ 2 years "stayed")

[Constitutional] (no due process violation when agency lawyer gives advice to board on procedure)

L.D.G., Inc. v. Brown (07/10/2009) sp-6390, 211 P3d 1110

[Business, Commercial/Labor Law] (piercing corporate veil)

[Damages] (apportionment against non-party)

[Procedure, Civil] (purpose of complaint is notice to defendant)

[Torts] (causation in dram shop claim; apportionment of damages against non-party)

Neese v. Lithia Chrysler Jeep of Anchorage, Inc. (07/10/2009) sp-6389, 210 P3d 1213

[Procedure, Civil] (Rule 12(b)(6) dismissal; Rule 54(b) partial judgment)

Neese v. State (07/10/2009) sp-6388, 218 P3d 983

[Procedure, Civil] (Rule 24, intervention)

Progressive Casualty Insurance Company v. Skin (07/10/2009) sp-6387, 211 P3d 1093

[Business, Commercial/Labor Law] (owner's policy vs. personal policy; policy definitions cannot add substantive coverage)

Lakloey, Inc. v. Ballek (07/10/2009) sp-6386, 211 P3d 662

[Real Estate] (mechanic's lien statutes)

Hertz v. Beach (07/10/2009) sp-6385, 211 P3d 668

[Constitutional] (8th Amend. claim by prisoner)

[Torts] (expert testimony in medical malpractice claim)

Dragseth v. Dragseth (07/10/2009) sp-6384, 210 P3d 1206

[Family Law] (basis for joint legal custody; consideration of statutory best interest factors is mandatory; custody investiga- tor's report; increase in value of separately-held business)

[Procedure, Appellate] (remand, consider mandatory best interest factors)

Lockhart v. Draper (06/26/2009) sp-6383, 209 P3d 1025

[Damages] (punitive damages in fraudulent conveyance claim; no prejudgment interest on punitive damages)

Copeland v. Ballard (06/26/2009) sp-6382, 210 P3d 1197

[Constitutional] (due process, access to public records)

[Procedure, Appellate] (mootness doctrine, public interest exception)

State, Dept. of Health & Social Services v. Okuley (06/26/2009) sp-6381, 214 P3d 247

[Administrative Agencies] (fee awarded from common fund)

Beal v. Beal (06/12/2009) sp-6380, 209 P3d 1012

[Family Law] (credit for post-separation mortgage payments)

[Procedure, Appellate] (law of the case doctrine)

Hageland Aviation Services, Inc. v. Harms (06/05/2009) sp-6379, 210 P3d 444

[Constitutional] (unconstitutional taking [retroactive legislation]; unconstitutional impairment of contract)

[Contracts] (unconstitutional impairment of contract)

[Statutory Construction] (unconstitutional retroactive legislation)

O'Donnell v. Johnson (06/05/2009) sp-6378, 209 P3d 128

[Attorneys and Judges] (fees under common fund doctrine)

[Business, Commercial/Labor Law] (insurer to insured: don't pursue subrogation)

[Procedure, Civil] (subrogation; when to join insurers)

Lara S. v. State, Dept. of Health & Social Services, Office of Children's Services (06/05/2009) sp-6377, 209 P3d 120

[Family Law] (reinstate parental rights after voluntary relinquishment)

Button v. Haines Borough (05/29/2009) sp-6376, 208 P3d 194

[Equity] (estoppel against the government)

[Evidence] (hearsay allowed at administrative hearings)

[Procedure, Appellate] (defer to borough interpretation of its ordinance)

Helfrich v. Valdez Motel Corporation (05/22/2009) sp-6375, 207 P3d 552

[Real Estate] (damages claims-retaliation, under URLTA)

Bigley v. Alaska Psychiatric Institute (05/22/2009) sp-6374, 208 P3d 168

[Constitutional] (due process to administer psychtropic drugs)

[Procedure, Appellate] (public interest exception to mootness doctrine)

Lot 04B&5C, Block 83 Townsite v. Fairbanks Northstar Borough (05/22/2009) sp-6373, 208 P3d 188

[Constitutional] (equal protection's sliding scale)

[Procedure, Civil] (pro se cannot bring class action)

[Statutory Construction] (clear and unambiguous statute)

Roland L. v. State, Office of Children's Services (05/08/2009) sp-6372, 206 P3d 453

[Family Law] (Termination of parental rights under ICWA)

Municipality of Anchorage v. Regulatory Commission of Alaska (05/08/2009) sp-6371, 208 P3d 163

[Administrative Agencies] (AWWU rate increase)

[Procedure, Appellate] (standard of review , agency expertise)

Cragle v. Gray (05/08/2009) sp-6370, 206 P3d 446

[Probate] (succession contract)

State v. Miller (05/08/2009) sp-6369, 207 P3d 541

[Criminal] (guidelines for investigative stop)

Smith v. Kofstad (04/24/2009) sp-6368, 206 P3d 441

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

[Real Estate] (tenancy by entirety, death of spouse extinguishes judgment lien)

E.P. v. Alaska Psychiatric Institute (04/24/2009) sp-6367, 205 P3d 1101

[Statutory Construction] (statutory preamble vs. specific statutory language)

Hartley v. Hartley (04/17/2009) sp-6366, 205 P3d 342

[Family Law] (resolve ambiguous property settlement)

Wagner v. Wagner (04/17/2009) sp-6365, 205 P3d 306

[Procedure, Appellate] (standard of review, specific performance)

Squires v. Alaska Board of Architects, Engineers & Land Surveyors (04/17/2009) sp-6364, 205 P3d 326

[Administrative Agencies] (defer to agency expertise)

[Procedure, Civil] (defer to agency expertise)

Alaska Public Offices Commission v. Stevens (04/17/2009) sp-6363, 205 P3d 321

[Administrative Agencies] (ambiguous regs construed against state)

[Constitutional] (substantive due process; laws must give fair notice)

[Statutory Construction] (ambiguous regs construed against state)

Bohlmann v. Alaska Construction & Engineering, Inc. (04/17/2009) sp-6362, 205 P3d 316

[Procedure, Appellate] (judge's duty to assist pro se appellant)

[Procedure, Civil] (judge's duty to assist pro se litigant)

[Workers' Compensation] (board has duty to assist pro se claimant)

Bilbao v. Bilbao (04/17/2009) sp-6361, 205 P3d 311

[Family Law] (tracing secondary asset, marital or nonmarital)

Adkins v. Stansel (04/10/2009) sp-6360, 204 P3d 1031

[Constitutional] (prisoner's constitutional right to visitation)

Reust v. Alaska Petroleum Contractors, Inc. (04/10/2009) sp-6359, 206 P3d 437

[Damages] (State's 50% of punitive damages)

[Torts] (State's 50% of punitive damages)

Shea v. State, Dept. of Administration, Division of Retirement and Benefits (04/10/2009) sp-6358, 204 P3d 1023

[Procedure, Appellate] (late-filed administrative appeal; good cause)

State v. American Civil Liberties Union of Alaska (04/03/2009) sp-6357, 204 P3d 364

[Constitutional] (new marijuana law; Ravin)

[Procedure, Civil] (actual controversy; ripeness doctrine)

Ben M. v. State, Dept. of Health & Social Services, Office of Children's Services (04/03/2009) sp-6356, 204 P3d 1013

[Family Law] (ICWA termination proceeding)

[Procedure, Appellate] (standard of review-denial of continuance)

Gibson v. Nye Frontier Ford, Inc. (04/03/2009) sp-6355, 205 P3d 1091

[Administrative Agencies] (AWHA claims, one-way, fee-shifting)

[Contracts] (unconscionable or adhesion contracts)

Huffman v. State (04/03/2009) sp-6354, 204 P3d 339

[Constitutional] (religious freedom; liberty and privacy interests in making medical decisions)

Classified Employees Association v. Matanuska-Susitna Borough School District (04/03/2009) sp-6353, 204 P3d 347

[Business, Commercial/Labor Law] (enforceability of arbitration)

[Contracts] (arbitration in CBA)

Keller v. French (04/03/2009) sp-6352, 205 P3d 299

[Constitutional] (no standing to raise another's constitutional issue)

[Procedure, Civil] (standing)

Smith v. CSK Auto, Inc. (04/03/2009) sp-6351, 204 P3d 1001

[Workers' Compensation] (C&R of employee who is not medically stable)

Clemensen v. Providence Alaska Medical Center (03/27/2009) sp-6350, 203 P3d 1148

[Torts] (wrongful divorce)

Ted W. v. State, Dept. of Health & Social Services, Office of Children's Services (03/27/2009) sp-6349, 204 P3d 333

[Family Law] (defining "Indian custodian under ICWA)

In the Matter of the Adoption of S.K.L.H. (03/27/2009) sp-6348, 204 P3d 320

[Family Law] (setting aside adoption; defining "open adoption")

Allen v. State, Dept. of Health & Social Services, Division of Public Assistance (03/27/2009) sp-6347, 203 P3d 1155

[Federal Issues] (federal preemption of state law)

Irby v. Fairbanks Gold Mining, Inc. (03/20/2009) sp-6346, 203 P3d 1138

[Probate] (disappeared person, two methods to prove death)

[Procedure, Civil] (statute of limitations defense disfavored; equitable tolling)

[Workers' Compensation] (timeliness of death claim)

Cusack v. Cusack (03/13/2009) sp-6345, 202 P3d 1156

[Family Law] (two-step process for custody modification; joint legal custody requires parent cooperation; custody in third party)

Southeast Alaska Conservation Council v. State (03/13/2009) sp-6344, 202 P3d 1162

[Constitutional] (Alaskas anti-earmarking clause)

Progressive Casualty Insurance Company v. Skin (03/06/2009) sp-6343

[Business, Commercial/Labor Law] (owner's policy vs. personal policy; policy definitions cannot add substantive coverage)

Brotherton v. State, Dept. of Revenue, Child Support Services Division ex rel. Brotherton (03/06/2009) sp-6342, 201 P3d 1206

[Family Law] (Rule 90.3: property settlement not income)

Wooten v. Hinton (03/06/2009) sp-6341, 202 P3d 1148

[Attorneys and Judges] (who is "prevailing party.")

[Procedure, Civil] (dismissal w/prejudice applies res judicata, waives appeal, but is not conclusive on prevailing party status)

State v. Smart (02/27/2009) sp-6340, 202 P3d 1130

[Criminal] (presumptive sentence decision not retroactive)

Alaska Exchange Carriers Association, Inc. v. Regulatory Commission of Alaska (02/27/2009) sp-6339, 202 P3d 458

[Procedure, Appellate] (standards-review of agency decision)

Kazan v. Dough Boys, Inc. (02/20/2009) sp-6338, 201 P3d 508

[Contracts] (settlement agreements)

Ayuluk v. Red Oaks Assisted Living, Inc. (02/20/2009) sp-6337, 201 P3d 1183

[Procedure, Civil] (filing suit waives physician/patient privilege)

[Torts] (employer vicarious liability; sexual contact)

Swetzof v. Philemonoff (02/13/2009) sp-6336, 203 P3d 471

[Municipal Corporations] (municipal initiative, legislative or administrative)

DeNardo v. Maassen (01/30/2009) sp-6335, 200 P3d 305

[Procedure, Civil] (standards for superior court judge recusal; pre-litigation screening)

[Torts] (abuse of process; 1983)

Haeg v. Cole (01/30/2009) sp-6334, 200 P3d 317

[Attorneys and Judges] (fee arbitration guidelines)

[Procedure, Appellate] (deferential standard for reviewing arbitrator)

Marcia V. v. State, Office of Children's Services (01/21/2009) sp-6333, 201 P3d 496

[Family Law] (ICWA parental termination; expert qualification)

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