Alaska Supreme Court Cases

[Family Law] (in camera interviews in custody cases; not required to discuss each statutory factor; imputed income for Rule 90.3; equal property division is presumed equitable; “Merrill” factors; determining fair market value of marital asset)

Ward v. State, Dept. of Public Safety (11/16/2012) sp-6721, 288 P3d 64

[Criminal] (registration under ASORA; rule of lenity)

[Statutory Construction] (plain meaning; legislative history; sliding scale)

Ahtna Tene Nené v. State, Dept. of Fish & Game (11/9/2012) sp-6720, 288 P3d 452

[Attorneys and Judges] (no rule 82 fees for law school graduate)

[Procedure, Civil] (mootness doctrine)

Winterrowd v. State, Dept. of Administration, Division of Motor Vehicles (11/2/2012) sp-6719, 288 P3d 446

[Administrative Agencies] (exhaustion of remedies)

[Procedure, Appellate] (affirm on any grounds)

Albrecht v. Alaska Trustee, LLC (10/19/2012) sp-6718, 286 P3d 1059

[Attorneys and Judges] (litigating class certification; frivolous claims)

[Real Estate] (non-judicial foreclosure, reinstatement quote)

Reed v. Parrish (10/19/2012) sp-6717, 286 P3d 1054

[Family Law] (dividing property of unmarried cohabitants; post- separation mortgage payments; authority of court in domestic violence protective orders)

McLeod v. Parnell (10/12/2012) sp-6716, 286 P3d 509

[Administrative Agencies] (public records; gov’t employee use of email)

Powercorp Alaska v. Alaska Energy Authority (10/12/2012) sp-6715

[Equity] (collateral estoppel; waiver)

[Procedure, Appellate] (court may affirm on any grounds)

[Procedure, Civil] (collateral estoppel; waiver)

[Torts] (official immunity, absolute or qualified; intentional interference with prospective economic advantage)

Aldrich v. Aldrich (10/5/2012) sp-6714, 286 P3d 504

[Family Law] (Rule 90.3-waiver or variation of support)

[Procedure, Civil] (Rule 60(b) relief from judgment-time limit for filing)

Thompson v. Cooper (9/28/2012) sp-6713

[Evidence] (expert testimony, two categories)

Ross v. State, Dept. of Revenue (9/28/2012) sp-6712, 286 P3d 495

[Constitutional] (PFD is economic interest, not fundamental right. Standard to establish due process claim is rigorous.)

[Statutory Construction] (when statute is applied retroactively; not the court’s role to decide if statute is wise enactment)

Gold Dust Mines, Inc. v. Little Squaw Gold Mining Company (9/28/2012) sp-6711

[Business, Commercial/Labor Law] (corporation is distinct entity; when shareholders are individually liable for corporate debts)

[Contracts] (frustration of purpose defense)

[Equity] (constructive trust)

[Evidence] (law of the case doctrine)

[Procedure, Appellate] (defer to trial judge on credibility issues)

[Procedure, Civil] (law of the case doctrine; two statutes of limitation)

[Real Estate] (landlord rights when tenant holds over)

McKitrick v. State, Public Employees Retirement System (9/14/2012) sp-6710, 284 P3d 832

[Administrative Agencies] (occupational disability; defer to agency decision)

McGraw v. Cox (9/14/2012) sp-6709, 285 P3d 276

[Criminal] (crime of coercion)

[Family Law] (attempted coercion as domestic violence)

Lewis v. Lewis (9/14/2012) sp-6708, 285 P3d 273

[Contracts] (meeting of minds during settlement conference)

[Family Law] (written agreement following settlement conference)

Kuretich v. Alaska Trustee, LLC (9/14/2012) sp-6707, 287 P3d 87

[Real Estate] (3 remedies for borrower default; fees allowed when default is cured prior to non-judicial foreclosure sale)

Jack C. v. Tally C. (9/7/2012) sp-6706, 284 P3d 13

[Family Law] (defer to trial court’s factual findings)

[Procedure, Appellate] (defer to trial court’s factual findings)

Patrawke v. Liebes (9/7/2012) sp-6705, 285 P3d 268

[Family Law] (“best interests” is appropriate test; res judicata doesn’t apply)

Day v. Williams (9/7/2012) sp-6704, 285 P3d 256

[Family Law] (equal division of property is presumed; marital assets spent for support after separation not part of marital estate)

Larson v. State, Dept. of Corrections (8/31/2012) sp-6703, 284 P3d 1

[Procedure, Civil] (Rule 12(b)(6) viewed with disfavor)

Davison v. State (8/10/2012) sp-6702, 282 P3d 1262

[Criminal] (hearsay testimony from SART exam)

[Evidence] (ER 803(4); medical exception to hearsay)

In Re Necessity for the Hospitalization of Jeffrey E. (7/27/2012) sp-6701, 281 P3d 84

[Family Law] (30-day commitment)

Lentine v. State (7/27/2012) sp-6700, 282 P3d 369

[Business, Commercial/Labor Law] (implied covenant in employment contract)

[Contracts] (implied covenant in employment contract)

[Procedure, Appellate] (defer to trial court on conflicting evidence)

Sea Hawk Seafoods, Inc. v. City of Valdez (7/27/2012) sp-6699, 282 P3d 359

[Contracts] (contract essentials; promissory estoppel)

Gorton v. Mann (7/27/2012) sp-6698, 281 P3d 81

[Family Law] (Rule 90.3 deduction, child from prior marriage)

Offshore Systems - Kenai v. State, Dept. of Transportation & Public Facilities (7/27/2012) sp-6697, 282 P3d 348

[Contracts] (condition subsequent require express terms)

[Equity] (condition subsequent, forfeiture)

State, Dept. of Health & Social Services v. North Star Hospital (7/20/2012) sp-6696, 280 P3d 575

[Administrative Agencies] (arbitrary fixing of Medicaid rates)

Yi v. Yang (7/20/2012) sp-6695, 282 P3d 340

[Criminal] (probable cause to arrest without a warrant)

Runstrom v. Alaska Native Medical Center (7/20/2012) sp-6694, 280 P3d 567

[Workers' Compensation] (physical-mental vs. mental-mental injury)

Peterson v. State (7/20/2012) sp-6693, 280 P3d 559

[Evidence] (the new “union-relations privilege”)

[Procedure, Civil] (the new “union-relations privilege”)

Shears v. Myers (7/20/2012) sp-6692, 280 P3d 552

[Equity] (unclean hands)

Friends of Willow Lake, Inc. v. State, Dept. of Transportation & Public Facilities, Division of Aviation & Airports (7/20/2012) sp-6691, 280 P3d 542

[Administrative Agencies] (news regs not required for “common sense” exercise of authority)

[Procedure, Civil] (interest-injury standing to bring suit)

Holiday Alaska, Inc. v. State, Division of Corporations, Business & Professional Licensing (7/20/2012) sp-6690, 280 P3d 537

[Administrative Agencies] (suspension of tobacco license)

[Constitutional] (due process does not cover burden of proof)

Dearlove v. Campbell (7/13/2012) sp-6689

[Procedure, Civil] (compare Rule 68 offer with trial outcome)

Jones v. Bowie Industries, Inc. (6/29/2012) sp-6688, 282 P3d 316

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

[Evidence] (collateral source rule; evidence of drug use; piercing the corporate veil)

[Torts] (post-sale duty to warn of product dangers)

Toliver v. Alaska State Commission for Human Rights (6/29/2012) sp-6687, 279 P3d 619

[Administrative Agencies] (Human Rights Commission)

Tracy v. State, Dept. of Health & Social Services, Office of Children's Services (6/29/2012) sp-6686, 279 P3d 613

[Attorneys and Judges] (no fee award under Title 47 (CINA) or §1983)

[Constitutional] (can’t sue state under §1983)

[Torts] (no breach of duty claim against OCS)

Airline Support, Inc. v. ASM Capital II, L.P. (6/29/2012) sp-6685, 279 P3d 599

[Business, Commercial/Labor Law] (apparent authority to act)

[Contracts] (apparent authority to act)

[Evidence] (what is reasonable is issue of fact, not law)

[Procedure, Civil] (what is reasonable is issue of fact, not law)

Schweitzer v. Salamatof Air Park Subdivision Owners, Inc. (6/22/2012) sp-6684, 278 P3d 1267

[Procedure, Appellate] (exception to the mootness doctrine)

[Real Estate] (interpreting an easement)

Tea, Guardian Ad Litem, on Behalf of A.T. and S.T. (6/22/2012) sp-6683, 278 P3d 1262

[Administrative Agencies] (use statutory guidelines to construe regs)

In Re Protective Proceedings of M.K. (6/15/2012) sp-6682, 278 P3d 876

[Probate] (guardianship, priority for appointment, use of OPA as public guardian)

Khan v. State (6/15/2012) sp-6681, 278 P3d 893

[Criminal] (jury unanimity; plain error)

[Procedure, Appellate] (what constitutes plain error)

Roy S. v. State, Dept. of Health & Social Services, Office of Children's Services (6/15/2012) sp-6680, 278 P3d 886

[Family Law] (terminate parental rights, ICWA)

Pestrikoff v. Hoff (6/8/2012) sp-6679, 278 P3d 281

[Probate] (divorce equitable distribution rules)

Berry v. Berry (6/1/2012) sp-6678, 277 P3d 771

[Family Law] (fee award based on bad faith/vexatious)

[Procedure, Appellate] (failure to object at trial waives point on appeal)

Villars v. Villars (6/1/2012) sp-6677, 277 P3d 763

[Contracts] (when K is ambiguous; subjective intent not relevant)

[Family Law] (dividing military retirement benefits)

Jaworski v. Estates of Andrew G. Horwath, Marjorie Horwath, Horwath, Michael J. Horwath (5/25/2012) sp-6676, 277 P3d 753

[Probate] (the “probate nonclaim” statute)

[Procedure, Appellate] (waiver of issues not raised in opening brief)

Josh L. v. State, Dept. of Health & Social Services, Office of Children's Services (5/18/2012) sp-6675, 276 P3d 457

[Family Law] (parental rights termination-ICWA, active efforts)

State, Dept. of Labor & Workforce Development, Division of Workers' Compensation, Second Injury Fund v. Tongass Business Center (5/18/2012) sp-6674, 276 P3d 453

[Procedure, Appellate] (appeal from denial of reconsideration)

[Workers' Compensation] (appeal from denial of reconsideration)

State, Dept. of Commerce & Economic Development, Division of Corporations, Business & Professional Licensing v. Wold (5/18/2012) sp-6673, 278 P3d 266

[Procedure, Appellate] (don’t always defer to professional board)

Grundberg v. Alaska State Commission for Human Rights (5/18/2012) sp-6672, 276 P3d 443

[Business, Commercial/Labor Law] (employment discrimination; 3-prong process)

[Torts] (employment discrimination; 3-prong process)

Paula E. v. State, Dept. of Health & Social Services, Office of Children's Services (5/8/2012) sp-6671, 276 P3d 422

[Constitutional] (notice as part of due process)

[Family Law] (ICWA notice requirements; placement preferences)

Estate of Shawn Martin Mickelsen v. North-Wend Foods, Inc. (4/27/2012) sp-6670, 274 P3d 1193

[Procedure, Civil] (dismiss under Rule 12(b)(6))

[Torts] (landowner duty of care; traditional analysis of tort case, duty, breach, causation, damage)

Stephanie W. v. Maxwell V. (4/27/2012) sp-6669, 274 P3d 1185

[Family Law] (close and continuing relationship; continuity and stability; maintain sibling ties; defer to the trial court)

Smith v. State (4/27/2012) sp-6668, 274 P3d 1179

[Constitutional] (constitutional claim; statutes of limitation apply)

[Procedure, Civil] (constitutional claim; statutes of limitation apply)

[Real Estate] (inverse condemnation)

[Torts] (continuing violations doctrine)

Sitkans for Responsible Government v. City & Borough of Sitka (4/20/2012) sp-6667, 274 P3d 486

[Constitutional] (liberal application of voter initiatives)

[Procedure, Appellate] (moot claims)

Heather W. v. Rudy R. (4/20/2012) sp-6666, 274 P3d 478

[Family Law] (2-step process to modify custody; history of domestic violence)

Rofkar v. State (4/20/2012) sp-6665, 273 P3d 1140

[Criminal] (Whitton guidelines, double jeopardy)

Gottstein v. Kraft (4/13/2012) sp-6664, 274 P3d 469

[Real Estate] (conveyance of family home)

Hunter v. Conwell (4/13/2012) sp-6663, 276 P3d 413

[Family Law] (2-step process to modify custody; importance of telephonic visitation; deference to trial judge)

[Procedure, Appellate] (defer to trial judge when evidence is oral testimony)

In Re Shea (4/6/2012) sp-6662, 273 P3d 612

[Attorneys and Judges] (lawyer disciplinary action)

Nelson v. State (4/6/2012) sp-6661, 273 P3d 605

[Attorneys and Judges] (ineffective assistance case; presumption of lawyer competence)

[Criminal] (ineffective assistance case; presumption of lawyer competence)

In Re Necessity for the Hospitalization of Joan K. (4/6/2012) sp-6660, 273 P3d 594

[Administrative Agencies] (appeal from involuntary commitment order)

[Evidence] (definition of "clear and convincing evidence")

[Procedure, Appellate] (when court will overrule prior decision; appeal from involuntary commitment order)

Alliance of Concerned Taxpayers, Inc. v. Kenai Peninsula Borough (4/6/2012) sp-6659, 273 P3d 1128

[Attorneys and Judges] (no prevailing party on multiple issues)

[Municipal Corporations] (sales tax authority; initiative cannot appropriate)

Alliance of Concerned Taxpayers, Inc. v. Kenai Peninsula Borough (4/6/2012) sp-6658, 273 P3d 1123

[Attorneys and Judges] (no prevailing party on multiple issues)

[Municipal Corporations] (sales tax authority; initiative cannot appropriate)

Borgen v. A&M Motors, Inc. (3/30/2012) sp-6657, 273 P3d 575

[Business, Commercial/Labor Law] (innocent material misrepresentation under UTPA)

Wilson v. Wilson (3/9/2012) sp-6656, 271 P3d 1098

[Family Law] (jurisdiction to grant divorce over nonresident)

State, Dept. of Corrections v. Heisey (3/2/2012) sp-6655, 271 P3d 1082

[Torts] (state immunity from certain specified tort claims; Alaska has not yet recognized Bivens-type claims)

In the Matter of the Protective Proceedings of Tammy J. (3/2/2012) sp-6654, 270 P3d 805

[Probate] (guardian for developmentally disabled adult child)

Kelly v. Municipality of Anchorage (3/2/2012) sp-6653, 270 P3d 801

[Procedure, Civil] (procedure for deciding summary judgment)

[Torts] (four essentials of a negligence claim; two situations when a public entity may be liable for a “dangerous condition.)

Trudell v. Hibbert (2/17/2012) sp-6652, 272 P3d 331

[Workers' Compensation] (definition of "project owner")

Gold Country Estates Preservation Group, Inc. v. Fairbanks North Star Borough (2/10/2012) sp-6651, 270 P3d 787

[Administrative Agencies] (Open Meetings Act)

[Municipal Corporations] (Open Meetings Act)

[Procedure, Appellate] (when court will hear moot case)

Alaska Interstate Construction, LLC v. Pacific Diversified Investments, Inc. (2/10/2012) sp-6650, 279 P3d 1156

[Contracts] (fraud constitutes breach as matter of law; oral evidence allowed in fraudulent inducement claim); statute of limitations, discovery rule)

[Equity] (quasi-estoppel)

[Procedure, Civil] (motion for JNOV must be based on motion for directed verdict)

[Torts] (statute of limitations, discovery rule; abuse of process)

Boyko v. Anchorage School District (1/27/2012) sp-6649, 268 P3d 1097

[Procedure, Appellate] (review of summary judgment on appeal)

[Torts] (immunity of employer who provides reference)

Roberson v. Manning (1/27/2012) sp-6648, 268 P3d 1090

[Business, Commercial/Labor Law] (transfer of title for personal property; good-faith purchaser under the UCC)

[Contracts] (gift without consideration not enforceable)

David S. v. State, Dept. of Health & Social Services, Office of Children's Services (1/20/2012) sp-6647, 270 P3d 767

[Family Law] (parental rights termination-ICWA)

Oates v. Holly (1/20/2012) sp-6646, 268 P3d 1084

[Contracts] (voiding a contract through mutual mistake)

[Real Estate] (partition of real estate; mutual mistake)

State, Commercial Fisheries Entry Commission v. Carlson (1/20/2012) sp-6645, 270 P3d 755

[Administrative Agencies] (interest on refund of fees)

Barton v. North Slope Borough School District (1/20/2012) sp-6644, 268 P3d 346

[Evidence] (Evidence Rule 702, liberal approach to admitting expert testimony; burden of proof when expert excluded)

McLaren v. McLaren (1/20/2012) sp-6643, 268 P3d 323

[Family Law] (Wanberg guidelines; 50-50 division presumed equitable; dividing property acquired during premarital cohabitation)

[Procedure, Civil] (trial court obligation to pro se litigants)

Kiernan v. Creech (1/20/2012) sp-6642, 268 P3d 312

[Contracts] (promissory estoppel; part performance)

[Equity] (promissory estoppel; part performance)

Weinberger v. Weinmeister (1/20/2012) sp-6641, 268 P3d 305

[Family Law] (overcome domestic violence presumption in child custody case; tender years doctrine)

Stephanie F. v. George C. (1/20/2012) sp-6640, 270 P3d 737

[Evidence] (defer to trial judge on credibility issues)

[Family Law] (overcome domestic violence presumption in child custody case)

[Statutory Construction] (use of "may" denotes discretion)

Oels v. Anchorage Police Dept. Employees Association (1/20/2012) sp-6639, 279 P3d 589

[Municipal Corporations] (interpretation of municipal ordinance)

State, Dept. of Natural Resources v. Nondalton Tribal Council (1/20/2012) sp-6638, 268 P3d 293

[Administrative Agencies] (when is a land use plan a regulation?)

Ennen v. Integon Indemnity Corporation (1/20/2012) sp-6637, 268 P3d 277

[Business, Commercial/Labor Law] (bad faith claim by unnamed insured)

[Torts] (bad faith claim by unnamed insured)

Doe v. State, Dept. of Health & Social Services, Office of Children's Services (1/13/2012) sp-6636, 272 P3d 1014

[Family Law] (father's incarceration, terminate parental rights; active efforts to reunite family)

State v. Gibson (1/13/2012) sp-6635, 267 P3d 645

[Constitutional] (emergency aid exception to search warrant)

[Criminal] (emergency aid exception to search warrant)

In the Matter of the Adoption of Xavier K., a Minor (1/13/2012) sp-6634, 268 P3d 274

[Family Law] (using adoption to terminate parental rights)

Grace v. Peterson (1/13/2012) sp-6633, 269 P3d 663

[Family Law] (spouse's tort recovery, marital or non-marital?)

Martha S. v. State, Dept. of Health & Social Services, Office of Children's Services (1/13/2012) sp-6632, 268 P3d 1066

[Evidence] (expert testimony by out-of-state psychologist; child's statement to therapist admissible in CINA case)

[Family Law] (child's statement to therapist in CINA case)

HP Limited Partnership v. Kenai River Airpark, LLC (1/13/2012) sp-6631, 270 P3d 719

[Real Estate] (interpret deed/easement; differ from contract; resolve ambiguous restrictive covenants in favor of free use)

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