Alaska Supreme Court Opinions
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Recent Alaska Supreme Court Opinions
(From 1/1/2010)

Colton v. Colton (12/23/2010) sp-6531, 244 P3d 1121
[Contracts] (settlement agreements not lightly set aside)
[Family Law] (settlement agreements not lightly set aside)
Miller v. Treadwell (12/22/2010) sp-6532, 245 P3d 867
[Administrative Agencies] (Division of Elections counting write-in ballots; when regulations required for agency statutory interpretation)
Lucy J. v. State, Dept. of Health & Social Services, Office of Children's Services (12/17/2010) sp-6530, 244 P3d 1099
[Family Law] (termination proceeding: children need not be present during parent's substance abuse; current placement of children part of the "best interests" analysis)
Holmes v. Wolf (12/10/2010) sp-6529, 243 P3d 584
[Business, Commercial/Labor Law] (5% rule for security in derivative suits; nominal damages against directors and officers)
[Damages] (nominal damages against directors and officers)
Williams v. Barbee (12/08/2010) sp-6528, 243 P3d 995
[Family Law] (domestic violence presumption against custody; custody modification when moving out-of-state)
Doug Y. v. State, Dept. of Health & Social Services, Office of Children't Services (12/03/2010) sp-6527, 243 P3d 217
[Family Law] (terminating parental rights, non-ICWA case)
Whittle v. Weber (12/03/2010) sp-6526, 243 P3d 208
[Procedure, Civil] (discovery violation, litigation-ending sanctions)
[Torts] (statute of limitations, continuing trespass or nuisance)
Misyura v. Misyura (11/19/2010) sp-6525, 242 P3d 1037
[Evidence] (defer to trial judge on witness credibility)
[Family Law] (custody based on domestic violence; court can't delegate visitation prerequisites to custodial parent)
Allstate Insurance Company v. Dooley (11/12/2010) sp-6524, 243 P3d 197
[Evidence] (spoliation vs. fraudulent concealment)
[Torts] (spoliation vs. fraudulent concealment)
In Re Cyrus (11/05/2010) sp-6523, 241 P3d 890
[Attorneys and Judges] (suspension for repeat misconduct)
Christoffersen v. State, Court Custody Investigator's Office (11/05/2010) sp-6522, 242 P3d 1032
[Attorneys and Judges] (absolute immunity for judges)
[Family Law] (absolute immunity for custody investigators)
Brotherton v. Warner (10/08/2010) sp-6521, 240 P3d 1225
[Family Law] (child support, education beyond 18 years)
Millette v. Millette (10/08/2010) sp-6520, 240 P3d 1217
[Family Law] (child support, health-related expenses)
Smith v. Anchorage School District (10/08/2010) sp-6519, 240 P3d 834
[Business, Commercial/Labor Law] (race, age, disability discrimination)
[Federal Issues] (race, age, disability discrimination)
[Procedure, Civil] (hearsay statement won't support summary judge)
[Torts] (race, age, disability discrimination)
Law Project for Psychiatric Rights, Inc. v. State (10/01/2010) sp-6518, 239 P3d 1252
[Procedure, Civil] (citizen-taxpayer standing to sue)
Worland v. Worland (10/01/2010) sp-6517, 240 P3d 825
[Attorneys and Judges] (monetary sanctions for litigant misconduct)
[Family Law] (monetary sanctions for litigant misconduct)
[Procedure, Civil] (monetary sanctions for litigant misconduct)
Diaz v. State, Dept. of Corrections (10/01/2010) sp-6516, 239 P3d 723
[Torts] (§1983 claim)
Kingik v. State, Dept. of Administrative, Div. of Retirement & Benefits (10/01/2010) sp-6515, 239 P3d 1243
[Contracts] (mutual assent, objective, not subjective)
Lindsey v E&E Automotive & Tire Service, Inc. (10/01/2010) sp-6514, 241 P3d 880
[Torts] (four essentials for a tort claim; duty is issue of law; breach is usually issue of fact; duty when repairing vehicle)
Stewart v. Elliott (10/01/2010) sp-6513, 239 P3d 1236
[Procedure, Civil] (preclusive effect of prior action when party is in privity)
[Statutory Construction] (when new law takes effect)
[Torts] (legal malpractice; breach of duty)
Cartee v. Cartee (09/24/2010) sp-6512, 239 P3d 707
[Family Law] (rehabilitative alimony vs. unequal property division; cost of college education; trial court's evaluation of property)
Johnson v. Johnson (09/24/2010) sp-6511, 239 P3d 393
[Attorneys and Judges] (Rule 82: distinguishing between partial, enhanced, and full reasonable fees)
[Family Law] (attorney fees in divorce cases)
Dias v. State, Dept. of Transportation and Public Facilities (09/17/2010) sp-6510, 240 P3d 272
[Real Estate] (3-step analysis for interpreting a deed)
Schofield v. City of St. Paul (09/03/2010) sp-6509, 238 P3d 603
[Evidence] (Rule 403, when relevant evidence can be excluded)
Angleton v. Cox (09/03/2010) sp-6508, 238 P3d 610
[Procedure, Civil] (res judicata, collateral estoppel, judicial notice)
Nash v. Matanuska-Susitna Borough (09/03/2010) sp-6507, 239 P3d 692
[Administrative Agencies] (due process requirements for admin. Hearings)
Barnett v. Barnett (08/27/2010) sp-6506, 238 P3d 594
[Family Law] (court should rely on disproportionate property division for spousal support;; reorientation vs. rehabilitative)
Smith v. Radecki (08/27/2010) sp-6505, 238 P3d 111
[Torts] (physician's malpractice; duty of care required)
[Workers' Compensation] (no physician duty of care exists during IME)
Marshall v. State (08/20/2010) sp-6504, 238 P3d 590
[Criminal] (notice of entrapment defense)
Greenwood v. State (08/20/2010) sp-6503, 237 P3d 1018
[Criminal] (instruction on the necessity defense)
Smart v. State, Dept of Health & Social Services (08/20/2010) sp-6502, 237 P3d 1010
[Administrative Agencies] (exhaustion of remedies before filing suit)
[Procedure, Civil] (exhaustion of remedies before filing suit)
Doubleday v. State (08/20/2010) sp-6501, 238 P3d 100
[Evidence] (spoliation of evidence)
Alvarez v. State, Dept. of Administration, Division of Motor Vehicles (08/13/2010) sp-6500
[Criminal] (speedy trial not applicable to license suspension)
[Evidence] (when telephonic testimony is not allowed)
Shooshanian v. Dire (08/13/2010) sp-6499, 237 P3d 618
[Contracts] (when agreement to negotiate is enforceable)
[Procedure, Civil] (motion to continue is discretionary; trial judge's obligation to pro se litigant)
Weimer v. Continental Car & Truck, LLC (08/13/2010) sp-6498, 237 P3d 610
[Procedure, Civil] (class certification; rule on dispositive motion)
[Statutory Construction] (goal of statutory construction, legislative intent)
[Torts] (UTEP statute of limitations)
West v. State, Board of Game (08/06/2010) sp-6497
[Constitutional] ("sustained yield"; construing constitutional language)
[Statutory Construction] (construing constitutional language)
Anderson v. Alyeska Pipeline Service Co. (07/23/2010) sp-6496, 234 P3d 1282
[Attorneys and Judges] (token offer does not trigger Rule 68)
[Procedure, Civil] (token offer does not trigger Rule 68)
[Statutory Construction] (statutory definition trumps "common usage")
Yost v. State, Division of Corporations, Busniness and Professional Licensing (07/16/2010) sp-6495, 234 P3d 1264
[Administrative Agencies] (what constitutes an administrative appeal; when a trial de novo is warranted)
[Contracts] (condition precedent must be clearly stated)
[Procedure, Appellate] (what constitutes an administrative appeal; when a trial de novo is warranted)
Okagawa v. Yaple (07/16/2010) sp-6494, 234 P3d 1278
[Attorneys and Judges] (fee award under Rule 68)
[Procedure, Appellate] (standard of review, attorney fee award)
[Procedure, Civil] (fee award under Rule 68)
Barbara P. v. State, Dept. of Health & Social Services, Office of Children's Services (07/09/2010) sp-6493, 234 P3d 1245
[Family Law] (terminate parental rights in non-ICWA case)
Dale H. v. State, Dept. of Health & Social Services, Office of Children's Services (07/09/2010) sp-6492, 235 P3d 203
[Family Law] (terminate parent rights in ICWA case)
Croft v. Parnell (07/09/2010) sp-6491, 236 P3d 369
[Constitutional] (voter initiative)
Hill v. Bloom (07/09/2010) sp-6490, 235 P3d 215
[Family Law] (modify support, income change must be permanent)
Peterson v. State, Dept. of Natural Resources (07/02/2010) sp-6489, 236 P3d 355
[Procedure, Appellate] (evidence considered on review of summary judgment)
[Torts] (employ. Discrimination; 3-part test)
Roderer v. Dash (07/02/2010) sp-6488, 233 P3d 1101
[Procedure, Civil] (Rule 37 dismissal; Rule 50 JNOV; Rule 51 objection to instruction; Rule 68 fee award)
Schug v. Moore (07/02/2010) sp-6487, 233 P3d 1114
[Procedure, Civil] (subjective impressions won't defeat summary judgment)
[Torts] (official immunity; three-part test)
Sparks v. Sparks (06/25/2010) sp-6486, 233 P3d 1091
[Family Law] (tort settlement, marital or separate property)
[Real Estate] (tax assessments not good evidence of value)
State v. Public Safety Employees Association (06/25/2010) sp-6485, 235 P3d 197
[Procedure, Appellate] (great deference to arbitrator's decision on appeal)
Pietro v. Unocal Corporation (06/25/2010) sp-6484, 233 P3d 604
[Workers' Compensation] (board must provide adequate findings; lay testimony may be relevant)
Farmer v. State, Dept. of Law, Office of Attorney General (06/25/2010) sp-6483, 235 P3d 1012
[Constitutional] (No 2nd Amend. violation in preventing felons from buying firearms)
[Criminal] (expungement of criminal conviction)
[Evidence] (witness credibility-conflicting evidence, defer to fact- finder)
[Probate] (conservatorship: witness credibility-conflicting evidence, defer to fact-finder)
[Procedure, Civil] (reconsideration after dismissal with prejudice)
Osterkamp v. Stiles (06/25/2010) sp-6482, 235 P3d 193
[Equity] (equitable estoppel)
[Family Law] (equitable estoppel-consent to adoption)
Osterkamp v. Stiles (06/25/2010) sp-6481, 235 P3d 178
[Family Law] (effect of adoption; preference for parents over non-parents; psychological parent)
Kent V. v. State, Dept. of Health & Social Services, Office of Children's Services (06/04/2010) sp-6480, 233 P3d 597
[Procedure, Civil] (requirements for res judicata)
State, Dept. of Natural Resources v. Alaska Riverways, Inc. (05/21/2010) sp-6479, 232 P3d 1203
[Business, Commercial/Labor Law] (lease required, use of state shoreland)
Partridge v. Partridge (05/21/2010) sp-6478, 239 P3d 680
[Family Law] (dissipate marital assets during separation; using QDRO to account for pension; credit for paying marital debt during separation)
Mueller v. Buscemi (05/21/2010) sp-6477, 230 P3d 1153
[Evidence] (Rule 103; Rule 406 [habit or routine practice]; Rule 411 [insurance]; evidence of prior accidents)
Farmer v. Farmer (05/14/2010) sp-6476, 230 P3d 689
[Evidence] (witness credibility-conflicting evidence, defer to fact- finder)
[Probate] (conservatorship: witness credibility-conflicting evidence, defer to fact-finder)
Weed v. Bachner Company Inc. (05/14/2010) sp-6475, 230 P3d 697
[Administrative Agencies] (gov't official, qualified vs. absolute immunity)
[Torts] (gov't official, qualified vs. absolute immunity)
Husseini v. Husseini (05/07/2010) sp-6474, 230 P3d 682
[Family Law] (bifurcation; sale of assets before final decree)
Okpik v. City of Barrow (04/30/2010) sp-6473, 230 P3d 672
[Torts] (§1983; Whistleblower; wrongful discharge)
Laughlin v. Laughlin (04/30/2010) sp-6472, 229 P3d 1002
[Family Law] (child support agreement must abide by Rule 90.3)
Krause v. Matanuska-Susitna Borough (04/23/2010) sp-6471, 229 P3d 168
[Constitutional] (violation of constitutional right, no damages)
[Damages] (violation of constitutional right, no damages)
[Equity] (equitable tolling of a statute of limitations)
State, Dept. of Corrections v. Anthoney (04/16/2010) sp-6470, 229 P3d 164
[Attorneys and Judges] (prevailing party definition)
[Procedure, Appellate] (Rule 508(c), prevailing party definition)
[Procedure, Civil] (prevailing party definition)
Wenzell v. Ingrim (04/09/2010) sp-6469, 228 P3d 103
[Business, Commercial/Labor Law] (covenant not to compete)
[Contracts] (covenant not to compete)
[Damages] (liquidated damages can't be a penalty)
Commercial Recycling Center, LTD v. Hobbs Industries, Inc. (04/09/2010) sp-6468, 228 P3d 93
[Business, Commercial/Labor Law] (small corporation, fiduciary duty among SH's)
[Contracts] (rescission of a contract; fiduciary duty)
[Equity] (rescission of a contract; fiduciary duty)
Anchorage Board of Adjustment v. LBJ, LLC (04/02/2010) sp-6467, 228 P3d 87
[Municipal Corporations] (zoning; is road leading to school rural or urban?)
[Procedure, Appellate] (standard of review, zoning appeal)
[Statutory Construction] (interpreting zoning ordinances)
Smallwood v. Central Peninsula General Hospital, Inc. (04/02/2010) sp-6466, 227 P3d 457
[Procedure, Appellate] (no dismissal upon death of a party)
[Procedure, Civil] (substitution upon death of a party)
Farmer v. Farmer (03/19/2010) sp-6465
[Evidence] (witness credibility-conflicting evidence, defer to fact- finder)
[Probate] (conservatorship: witness credibility-conflicting evidence, defer to fact-finder)
Armstrong v. Tanaka (03/19/2010) sp-6464, 228 P3d 79
[Constitutional] (5th Amendment privilege)
[Criminal] (5th Amendment privilege)
[Procedure, Civil] (5th Amendment privilege)
Apone v. Fred Meyer, Inc. (03/19/2010) sp-6463, 226 P3d 1021
[Workers' Compensation] (three-part analysis; occupational disease)
Mullins v. Local Boundary Commission (03/12/2010) sp-6462, 226 P3d 1012
[Procedure, Appellate] (public interest exception to mootness doctrine)
Wee v. Eggener (03/12/2010) sp-6461, 225 P3d 1120
[Family Law] (presumption of no custody when domestic violence; mutual no contact orders disfavored)
Shehata v. Salvation Army (03/12/2010) sp-6460, 225 P3d 1106
[Workers' Compensation] (reimbursement order; no duty to disclose work status)
Williams v. Fagnani (03/05/2010) sp-6459, 228 P3d 71
[Real Estate] (easement rights of servient vs. dominant owners)
Mat-Susitna Regional Medical Center, LLC v. Burkhead (02/19/2010) sp-6458, 225 P3d 1097
[Procedure, Civil] (assign to health care provider, no standing to proceed directly against tortfeasor)
[Torts] (assign to health care provider, no standing toTo proceed directly against tortfeasor)
Hertz v. Carothers (02/12/2010) sp-6457, 225 P3d 571
[Business, Commercial/Labor Law] (strict compliance required when executing on debtor's property)
[Constitutional] (inmate right of access to the courts)
Bradshaw v. State, Dept. of Administration, Division of Motor Vehicles (01/29/2010) sp-6456, 224 P3d 118
[Procedure, Appellate] (interpret ambiguous statute; defer to agency)
[Procedure, Civil] (general 10-year statute of limitations)
[Statutory Construction] (interpret ambiguous statute; defer to agency)
Majaev v. State (01/22/2010) sp-6455, 223 P3d 629
[Criminal] (search and seizure; police signal to stop is a seizure)
Johnson v. State (01/22/2010) sp-6454, 224 P3d 105
[Criminal] (foreseeability in criminal case based on recklessness)
Bailey v. State, Dept. of Corrections, Board of Parole (01/22/2010) sp-6453, 224 P3d 111
[Constitutional] (due process for revocation, parole or probation)
[Criminal] (due process for revocation, parole or probation)
Law Offices of James B. Gottstein v. State, Dept. of Natural Resources, Division of Oil & Gas (01/22/2010) sp-6452, 223 P3d 609
[Constitutional] (due process doesn't attach to every governmental action)
[Procedure, Appellate] (trial de novo)
Hymes v. DeRamus (01/15/2010) sp-6451, 222 P3d 874
[Criminal] (recusal of trial judge)
[Procedure, Civil] (exhaustion of remedies; Eufemio tests)
Kohlhaas v. State, Office of the Lieutenant Governor (01/15/2010) sp-6450, 223 P3d 105
[Constitutional] (can't amend constitution by initiative)
Hertz v. State, Dept. of Corrections (01/08/2010) sp-6449, 230 P3d 663
[Contracts] (general principles of contract interpretation)
[Criminal] (entitlement to gate money)
Burke v. Houston NANA, L.L.C. (01/08/2010) sp-6448, 222 P3d 851
[Workers' Compensation] (presumption of continuing disability; chiropractor payments)

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