Alaska Supreme Court Opinions
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Recent Alaska Supreme Court Opinions
(From 1/1/2011)

Nelson v. Municipality of Anchorage (12/23/2011) sp-6630 , 267 P3d 636
[Workers' Compensation] ("project owners"; exclusive remedy)
Shea v. State, Dept. of Administration, Division of Retirement and Benefits (12/23/2011) sp-6629 , 267 P3d 624
[Administrative Agencies] (occupational disability, substantial factor)
[Torts] (good discussion of substantial factor)
David S. v. State, Dept. of Health & Social Services, Office of Children's Services (12/16/2011) sp-6628
[Attorneys and Judges] (ineffective assistance of counsel)
[Family Law] (parental rights termination-ICWA)
Widmyer v. State, Commercial Fisheries Entry Commission (12/09/2011) sp-6627 , 267 P3d 1169
[Administrative Agencies] (CFEC, extraordinary circumstances)
McCrary v. Ivanof Bay Village (12/09/2011) sp-6626, 265 P3d 337
[Federal Issues] (sovereign immunity of Alaska Native tribes)
Sheffield v. Sheffield (12/09/2011) sp-6625 , 265 P3d 332
[Family Law] (older child's preference in custody dispute)
Sengul v. CMS Franklin, Inc. (12/09/2011) sp-6624 , 265 P3d 320
[Real Estate] (constructive eviction)
Madeline P. and Rex P., on behalf of their minor son, Manuel P. v. Anchorage School District (12/09/2011) sp-6623, 265 P3d 308
[Federal Issues] (school's compliance with IDEA)
Philip J. v. State, Dept. of Health & Social Services, Office of Children's Services (12/02/2011) sp-6622 , 264 P3d 842
[Constitutional] (due process = notice, opportunity to be heard)
Sarah G. v. State, Dept. of Health & Social Services, Office of Children's Services (12/02/2011) sp-6621, 264 P3d 831
[Family Law] (requirements for CINA finding)
In the Matter of Alaska Network on Domestic Violence and Sexual Assault (12/02/2011) sp-6620, 264 P3d 835
[Family Law] (child custody is most basic civil right)
Burts v. Burts (12/02/2011) sp-6619, 266 P3d 337
[Family Law] (military health insurance, part of marital estate)
Dena Nena Henash v. Fairbanks North Star Borough (11/10/2011) sp-6618, 265 P3d 302
[Municipal Corporations] (exemptions for borough property taxes)
ASRC Energy Services Power and Communications, LLC v. Golden Valley Electric Association, Inc. (11/04/2011) sp-6617, 267 P3d 1151
[Attorneys and Judges] (Rule 68 requires judgment, not dismissal)
[Business, Commercial/Labor Law] (UTPA, use state or federal precedents?)
[Damages] (negligence and causation established requires award of "some damages")
[Procedure, Civil] (Rule 68 requires judgment, not dismissal)
[Torts] (UTPA, use state or federal precedents?; negligence and causation established requires award of "some damages")
Handle Construction Co., Inc. v. Norcon, Inc. (10/28/2011) sp-6616, 264 P3d 367
[Business, Commercial/Labor Law] (implied warranty of adequate specifications)
[Contracts] (unilateral mistake)
Nelson v. Nelson (10/28/2011) sp-6615, 263 P3d 49
[Family Law] (anticipated change in circumstances)
O'Connell v. Will (10/28/2011) sp-6614, 263 P3d 41
[Attorneys and Judges] (fees awarded for collecting judgment)
[Contracts] (attorney fees for collecting judgment on K)
Renaissance Alaska, LLC, v. Rutter & Wilbanks Corporation (10/28/2011) sp-6613, 263 P3d 35
[Equity] (constructive trust)
[Real Estate] (owner entitled to proceeds of sale)
McAlpine v. Pacarro (10/21/2011) sp-6612, 262 P3d 622
[Family Law] (domestic violence, presumption against custody; res judicata doesn't apply in modification proceedings)
Erkins v. Alaska Trust, LLC, Bank of New York Trust Co., N.A. (10/21/2011) sp-6611 , 265 P3d 292
[Torts] (constructive fraud)
McGahuey v. Whitestone Logging, Inc. (10/21/2011) sp-6610, 262 P3d 613
[Workers' Compensation] (notice of injury, presumption analysis)
Kalenka v. Infinity Insurance Companies (10/14/2011) sp-6609, 262 P3d 602
[Torts] (uninsured motorist coverage; negligent entrustment)
Stevens v. Stevens (10/14/2011) sp-6608 , 265 P3d 279
[Family Law] (valuation date; spousal support as marital estate; trial court discretion in award of lawyer fees)
Lot 04B & Block 83 Townsite v. Fairbanks North Star Borough (10/07/2011) sp-6607, 261 P3d 422
[Municipal Corporations] (foreclosure for unpaid property taxes)
[Real Estate] (foreclosure for unpaid property taxes)
Alaska Crude Corporation v. State, Dept. of Natural Resources, Division of Oil and Gas (10/07/2011) sp-6606, 261 P3d 412
[Administrative Agencies] (force majeure)
[Contracts] (force majeure)
Alaska Exchange Carriers Association, Inc. v. Regulatory Commission of Alaska (10/07/2011) sp-6605, 262 P3d 204
[Administrative Agencies] (retroactive ratemarking)
[Procedure, Appellate] (standard of review, administrative appeal)
Pfeifer v. State, Dept. of Health & Social Services, Div. of Public Assistance (09/23/2011) sp-6604, 260 P3d 1072
[Administrative Agencies] (Medicaid denial)
[Equity] (equitable estoppel must serve justice)
[Statutory Construction] (retroactive application of non-criminal statutes)
Shaffer v. Bellows (09/23/2011) sp-6603, 260 P3d 1064
[Procedure, Civil] (summary judgment, construe facts in favor of non-moving party)
[Real Estate] (fraudulent conveyance; unreasonable restraint on alienation)
Olson v. State (09/23/2011) sp-6602, 260 P3d 1056
[Constitutional] (due process, informed consent law)
[Criminal] (misinformation under informed consent law)
J.P. and L.P., on behalf of their minor son, P.P. v. Anchorage School District (09/16/2011) sp-6601, 260 P3d 285
[Administrative Agencies] (IDEA, special education services)
Adams v. State (09/16/2011) sp-6600, 261 P3d 758
[Constitutional] (admitting evidence re: defendant's right to remain silent; plain error in criminal case)
[Criminal] (admitting evidence re: defendant's right to remain silent; plain error in criminal case)
Collier v. Harris (09/02/2011) sp-6599, 261 P3d 397
[Family Law] (voluntary employment change may = modification hearing; violating court order should = motion to show cause)
James v. State, Dept. of Corrections (09/02/2011) sp-6598, 260 P3d 1046
[Criminal] (due process rights for inmates)
State Farm Mutual Automobile Insurance Co. v. Houle (08/26/2011) sp-6597, 258 P3d 833
[Torts] (no per-person UIM coverage for claimants not in or near the accident)
3-D & Co. v. Tew's Excavating, Inc. (08/26/2011) sp-6596, 258 P3d 819
[Contracts] (extrinsic evidence, resolve ambiguity; imputed assent; opportunity to cure; proof of damages; mitigation)
[Damages] ("some competent evidence" for contract damages; mitigation)
[Procedure, Appellate] (fact issues in contract case; defer to trial court)
William P. v. Taunya P. (08/26/2011) sp-6595, 258 P3d 812
[Family Law] (fact issues involving custody-defer to trial court)
Heustess v. Kelley-Heustess (08/26/2011) sp-6594, 259 P3d 462
Henrichs v. Chugach Alaska Corporation (08/26/2011) sp-6593, 260 P3d 1036
[Business, Commercial/Labor Law] (bylaws control shareholder meetings)
[Statutory Construction] (is statute "clear or arguably ambiguous"?)
In Re Rice (08/26/2011) sp-6592, 260 P3d 1020
[Attorneys and Judges] (suspension; mishandling of trust account)
Gillis v. Aleutians East Borough Adobe Acrobat PDF logo (08/19/2011) sp-6591, 258 P3d 118
[Statutory Construction] (in pari materia + other maxims of construction)
Whitney v. State Farm Mutual Automobile Insurance Co. (08/19/2011) sp-6590, 258 P3d 113
[Torts] (insurer's duty to settle)
Foster v. Professional Guardian Services Corporation (08/19/2011) sp-6589, 258 P3d 102
[Attorneys and Judges] (attorney fees in conservatorships)
[Procedure, Appellate] (inconsistent factual findings = error)
Stevens v. State, Alcoholic Beverage Control Board (08/12/2011) sp-6588, 257 P3d 1154
[Municipal Corporations] (borough protests renewal of liquor license)
Rego v. Rego (08/12/2011) sp-6587, 259 P3d 447
[Family Law] (custodial parent moves out-of-state)
State v. Public Safety Employees Association (07/29/2011) sp-6586, 257 P3d 151
[Business, Commercial/Labor Law] (public-policy exception to enforcing arbitration)
In Re Nash (07/29/2011) sp-6585, 257 P3d 130
Khalsa v. Chose (07/29/2011) sp-6584, 261 P3d 367
[Procedure, Civil] (discovery noncompliance; litigation-ending sanction)
Kalmakoff v. State (07/29/2011) sp-6583, 257 P3d 108
[Constitutional] (violation of Miranda rights taints subsequent questioning and requires suppression)
[Criminal] (violation of Miranda rights taints subsequent questioning and requires suppression)
Harrod v. State, Dept. of Revenue (07/22/2011) sp-6582, 255 P3d 991
[Administrative Agencies] (denial of PFD based on lack of residency)
Ralph H. v. State, Dept. of Health & Social Services, Office of Children's Services (07/22/2011) sp-6581, 255 P3d 1003
[Family Law] (parental rights termination)
Russell v. Virg-In (07/22/2011) sp-6580, 258 P3d 795
[Torts] (use of taser in making arrest)
Miller v. Handle Construction Company (07/22/2011) sp-6579, 255 P3d 984
[Procedure, Civil] (interpreting offer in judgment)
Price v. Eastham (07/15/2011) sp-6578, 254 P3d 1121
[Real Estate] (public prescriptive easement)
Safar v. Wells Fargo Bank, N.A. (07/15/2011) sp-6577, 254 P3d 1112
[Equity] (promissory estoppel)
[Procedure, Appellate] (no error, judge adopts one party's findings)
Christina J. v. State, Dept. of Health & Social Services, Office of Children's Services (07/08/2011) sp-6576, 254 P3d 1095
[Family Law] (parental rights termination-ICWA)
Smith v. State, Dept. of Transportation and Public Facilities (07/01/2011) sp-6575, 253 P3d 1233
[Business, Commercial/Labor Law] (breach of implied covenant, good faith, etc.)
[Torts] (breach of implied covenant, good faith, etc.))
Fraternal Order of Eagles, Juneau-Douglas Aerie 4200 v. City and Borough of Juneau (07/01/2011) sp-6574, 254 P3d 348
[Constitutional] (smoking ban-First Amendment freedom to associate; Alaska right to privacy; municipal ordinance presumed constitutional)
[Municipal Corporations] (smoking ban-First Amendment freedom to associate; Alaska right to privacy; municipal ordinance presumed constitutional)
[Statutory Construction] (municipal ordinances presumed constitutional)
Crowley v. State, Dept. of Health & Social Services, Office of Children's Services (07/01/2011) sp-6573, 253 P3d 1226
[Business, Commercial/Labor Law] (breach of implied covenant, good faith, etc)
[Torts] (breach of implied covenant, good faith, etc)
Stone v. State (07/01/2011) sp-6572, 255 P3d 979
[Criminal] (right to seek first-tier appellate review)
State, Dept. of Corrections v. Hendricks-Pearce (06/24/2011) sp-6571, 254 P3d 1088
[Statutory Construction] (when legislature provides definition of word)
Monzulla v. Voorhees Concrete Cutting (06/24/2011) sp-6570, 254 P3d 341
[Procedure, Civil] (raise jurisdictional issue at any time)
[Statutory Construction] (reason, practicality, and common sense)
[Workers' Compensation] (appeal comm. can review non-final orders)
Trask v. Ketchikan Gateway Borough (06/17/2011) sp-6569, 253 P3d 616
[Constitutional] (First Amendment, display of sign)
[Damages] (damage in 1983 claim)
[Procedure, Civil] (standing; 1983 claim)
[Torts] (1983 claim)
Marathon Oil Co. v. State, Depart. of Natural Resources (06/10/2011) sp-6568, 254 P3d 1078
[Administrative Agencies] (ambiguous statute, defer to agency interpretation)
[Statutory Construction] (ambiguous statute, defer to agency interpretation)
State, Depart. of Commerce, Community & Economic Development v. Alyeska Pipeline Service Co. (06/10/2011) sp-6567, 262 P3d 593
[Statutory Construction] (plain meaning rule, no "mechanical application")
Larson v. State (06/10/2011) sp-6566, 254 P3d 1073
[Attorneys and Judges] (judicial immunity)
[Procedure, Civil] (res judicata)
[Torts] (judicial immunity)
Griswold v. City of Homer (06/10/2011) sp-6565, 252 P3d 1020
[Administrative Agencies] (appeal from agency decision, no deference to intermediate appellate court)
[Procedure, Appellate] (30 days to appeal from trial court vs. intermediate appellate court; no deference to intermediate court)
[Real Estate] (standing to appeal land use decision)
Chilkoot Lumber Co. v. Rainbow Glacier Seafoods, Inc. (06/10/2011) sp-6564, 252 P3d 1011
[Contracts] (enforcing settlement agreement)
[Criminal] (definition of criminal contempt)
[Procedure, Civil] (compare criminal and civil contempt)
Varilek v. Burke (06/10/2011) sp-6563, 254 P3d 1068
[Municipal Corporations] (appealing property tax assessment)
[Real Estate] (appealing property tax assessment)
Azimi v. Johns (05/27/2011) sp-6562, 254 P3d 1054
[Procedure, Civil] (Ground for continuance; Rule 41, voluntary v. involuntary dismissal)
Williams v. Williams (05/27/2011) sp-6561, 252 P3d 998
[Attorneys and Judges] (claim of judge bias)
[Family Law] (dividing military pension; discretion to appoint custody investigator)
[Procedure, Civil] (when claim is moot)
Cowan v. Yeisley (05/27/2011) sp-6560, 255 P3d 966
[Real Estate] (New and amended adverse possession statutes; hostile possession; deed construction)
Bagby v. Bagby (05/13/2011) sp-6559, 250 P3d 1127
[Family Law] (out-of-state move, change of circumstances)
Hoendermis v. Advanced Physical Therapy, Inc. (04/29/2011) sp-6558, 251 P3d 346
[Business, Commercial/Labor Law] (wrongful discharge, overtime pay)
[Torts] (wrongful discharge, overtime pay)
Darcy F. v. State, Dept. of Health & Social Services, Office of Children's Services (04/22/2011) sp-6557, 252 P3d 992
[Family Law] (parental rights termination)
Stone v. State (04/22/2011) sp-6556
[Criminal] (right to seek first-tier appellate review)
In the Matter of Tracy C. (04/22/2011) sp-6555, 249 P3d 1085
[Evidence] (deference to trial court on witness credibility)
[Procedure, Appellate] (deference to trial court on witness credibility)
Cook v. Cook (04/22/2011) sp-6554, 249 P3d 1070
[Contracts] (interpreting ambiguous K; mutual mistake of fact; court favors settlements that meet minimal K requirements)
[Family Law] (construing property settlement agreement)
Henrichs v. Chugach Alaska Corporation (04/22/2011) sp-6553, 250 P3d 531
[Business, Commercial/Labor Law] (business judgment rule)
[Damages] (claim for damages is legal, not equitable)
[Equity] (claim for damages is legal, not equitable)
[Procedure, Civil] (jury instructions analyzed as a whole)
Olson v. City of Hooper Bay (04/15/2011) sp-6552, 251 P3d 1024
[Criminal] (excessive force making an arrest)
[Torts] (A&B, excessive force making an arrest)
Lewis-Walunga v. Municipality of Anchorage (04/15/2011) sp-6551, 249 P3d 1063
[Workers' Compensation] (attorney fees before the appeals commission)
Cameron v. Chang-Craft (04/15/2011) sp-6550, 251 P3d 1008
[Business, Commercial/Labor Law] (wrongful discharge; must prove union breached duty of fair representation)
[Contracts] (proof of damages in contract case)
[Damages] (proof of damages in contract case)
Calvert v. State, Dept. of Labor & Workforce Development, Employment Security Division (04/15/2011) sp-6549, 251 P3d 990
[Administrative Agencies] (unemployment benefits: "good cause," "suitable work"; hearsay admissible in administrative hearings)
[Evidence] (hearsay admissible in administration hearings; presumption that people know the law)
Roberson v. Southwood Manor Associates, LLC (04/08/2011) sp-6548, 249 P3d 1059
[Real Estate] (URLTA, not UTPA, controls real estate leases)
State v. Carlin (03/25/2011) sp-6547, 249 P3d 752
[Criminal] (defendant dies while appeal is pending)
[Procedure, Appellate] (defendant dies while appeal is pending; stare decisis)
Alvarez v. State, Dept. of Administration, Division of Motor Vehicles (03/18/2011) sp-6546, 249 P3d 286
[Criminal] (license suspension hearing: speedy trial not applicable; when telephonic testimony not allowed)
[Evidence] (DMV hearings, telephonic testimony)
Latham v. Palin (03/18/2011) sp-6545, 251 P3d 341
[Procedure, Civil] (collateral estoppel)
[Torts] (discretionary immunity; government tort liability)
Horan v. Kenai Peninsula Borough Board of Equalization (03/11/2011) sp-6544, 247 P3d 990
[Municipal Corporations] (property tax appraisals)
Kingery v. Barrett (03/04/2011) sp-6543, 249 P3d 275
[Administrative Agencies] (alleged trial judge bias)
[Procedure, Appellate] (waiver of issues on appeal)
[Procedure, Civil] (conflicting evidence-denial of new trial)
[Torts] (defense verdict-no causation)
State v. Native Village of Tanana (03/04/2011) sp-6542, 249 P3d 734
[Family Law] (tribal vs. State jurisdiction over child issues)
[Federal Issues] (tribal vs. State jurisdiction over child issues)
Chambers v. Scofield (03/04/2011) sp-6541, 264 P3d 982
[Attorneys and Judges] (trial judge discretion, no prevailing party)
Pravat P. v. State, Dept. of Health & Social Services, Office of Children's Services (02/18/2011) sp-6540, 249 P3d 264
[Family Law] (parental rights termination-ICWA)
Bruce L. v. W.E. (02/11/2011) sp-6539, 247 P3d 966
[Family Law] (parental rights termination-ICWA)
Taylor v. Moutrie-Pelham (02/11/2011) sp-6538, 246 P3d 927
[Attorneys and Judges] (trial judge discretion, who is prevailing party)
Rivera v. Wal-Mart Stores, Inc. (02/11/2011) sp-6537, 247 P3d 957
[Workers' Compensation] (disability based on earnings loss, not impairment alone)
Ralph H. v. State, Dept. of Health & Social Services, Office of Children's Services (02/04/2011) sp-6536, 246 P3d 916
[Family Law] (parental rights termination)
Sean B. v. State, Dept. of Health & Social Services, Office of Children's Services (01/21/2011) sp-6535, 251 P3d 330
[Evidence] (witness credibility-defer to trial court)
[Family Law] (parental rights termination)
State, Dept. of Commerce, Community & Economic Development, Div. of Insurance v. Alyeska Pipeline Service Co. (01/21/2011) sp-6534
[Administrative Agencies] (owner controlled insurance program)
[Statutory Construction] (plain meaning rule, no "mechanical application")
Yvonne S. v. Wesley H. (01/14/2011) sp-6533, 245 P3d 430
[Family Law] (custody modification requires substantial change in circumstances; older child's custody preference)

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