Alaska Supreme Court Opinions
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Recent Alaska Supreme Court Opinions
(From 1/1/2013)

Jackson v. Sey (12/27/2013) sp-6860
[Family Law] (30 days to file appeal from divorce decree; can’t raise Rule 60 issues for first time on appeal)
[Procedure, Appellate] (30 days to file appeal from divorce decree; can’t raise Rule 60 issues for first time on appeal)
Reilly v. Northrup (12/20/2013) sp-6859
[Family Law] (child support based on imputed income)
Hawkins v. Williams (12/20/2013) sp-6858
[Family Law] (grandparent visitation)
In Re Necessity for the Hospitalization of Stephen O. (12/17/2013) sp-6857
[Constitutional] (involuntary commitment)
State v. Korkow (12/13/2013) sp-6856
[Criminal] (long sentences-no presumption of deference to Parole Board on when to grant parole)
Lum v. Koles (12/13/2013) sp-6855
[Torts] (qualified immunity in excessive force claim)
Glover v. Ranney (12/13/2013) sp-6854
[Family Law] (dividing military pension using “time rule method”; judge can accept property settlement agreement)
Phillip J. v. State, Dept. of Health & Social Services, Office of Children's Services (12/13/2013) sp-6853
[Family Law] (ICWA case, termination of parental rights)
Urban v. Urban (12/13/2013) sp-6852
[Family Law] (using tax evaluation of real estate; when spousal support is appropriate; sanctions for incorrect pre-trial disclosure; enhanced fee award in divorce case)
Morrison v. NANA WorleyParsons, LLC (12/13/2013) sp-6851
[Business, Commercial/Labor Law] (firing at-will employee; implied covenant)
[Contracts] (firing at-will employee; implied covenant)
Barber v. State, Dept. of Corrections (12/6/2013) sp-6850
[Constitutional] (prisoners’ right to access the courts)
[Criminal] (prisoners’ right to access the courts)
Heller v. State, Dept. of Revenue (12/6/2013) sp-6849
[Administrative Agencies] (denial of PFD to member of military service)
[Constitutional] (equal protection, denial of PFD)
[Statutory Construction] (determine legislative intent)
Bachner Company, Inc. v. Weed (12/6/2013) sp-6848
[Administrative Agencies] (state procurement officials, qualified immunity; exclusive remedy statute)
[Attorneys and Judges] (fee and costs award for State when defending officials sued as individuals)
[Procedure, Appellate] (reconsideration can’t be based on new information)
[Torts] (qualified immunity; exclusive remedy statute)
Dault v. Shaw (11/29/2013) sp-6847
[Real Estate] (establish prescriptive easement; presumption of permissive use)
Co v. Matson (11/29/2013) sp-6846
Beach v. Handforth-Kome (11/29/2013) sp-6845
[Business, Commercial/Labor Law] (firing at-will employee; implied covenant)
[Contracts] (firing at-will employee; implied covenant)
[Torts] (terminate at-will employee; violation of good faith and fair dealing)
Wanner-Brown v. Brown (11/22/2013) sp-6844
[Family Law] (retirement benefit as marital property; using forced sale of marital real estate to create an equitable division)
Fernandez v. Fernandez (11/22/2013) sp-6843
[Attorneys and Judges] (recusal of judge after unsuccessful settlement conference)
[Contracts] (agreement to negotiate not enforceable)
Rollins v. State, Dept. of Public Safety, Alcoholic Beverage Control Board (11/22/2013) sp-6842
[Administrative Agencies] (denial of a liquor license)
Irma E. v. State, Dept. of Health & Social Services, Office of Children's Services (11/22/2013) sp-6841, 312 P3d 850
[Family Law] (family member entitled to placement hearing)
Amy M. v. State, Dept. of Health & Social Services, Office of Children's Services (11/8/2013) sp-6840
[Family Law] (parental termination; substance abuse history)
Harris v. Governale (11/1/2013) sp-6839, 311 P3d 1052
[Family Law] (trial court discretion in custody and visitation; child need not be present when domestic violence occurs)
Tesoro Corporation and Subsidiaries v. State, Dept. of Revenue (10/25/2013) sp-6838, 312 P3d 830
[Administrative Agencies] (oil tax apportionment formula)
Pfeil v. Lock (10/25/2013) sp-6836, 311 P3d 649
[Family Law] (property division, use Rose or Wanberg)
Casey K. v. State, Dept. of Health & Social Services, Office of Children's Services (10/23/2013) sp-6837, 311 P3d 637
[Family Law] (non-ICWA termination of parental rights)
SOP, Inc. v. State, Dept. of Natural Resources, Division of Parks and Outdoor Recreation (10/11/2013) sp-6835, 310 P3d 962
[Real Estate] (difference between easement and license)
Childs v. Childs (10/11/2013) sp-6834, 310 P3d 955
[Family Law] (service members civil relief act; when hearing not required for child support dispute)
Sherman B. v. State, Dept. of Health & Social Services, Office of Children's Services (10/11/2013) sp-6833, 310 P3d 943
[Family Law] (terminate parental rights, abandonment)
Kyle S. v. State, Dept. of Health & Social Services, Office of Children's Services (10/4/2013) sp-6832, 309 P3d 1262
[Family Law] (runaway can be CINA; no finding re: parental conduct; ICWA reunification requirement)
Debra P. v. Laurence S. (9/27/2013) sp-6831, 309 P3d 1258
[Constitutional] (due process in custody hearing)
[Family Law] (due process in custody hearing)
Conitz v. Alaska State Commission for Human Rights (9/20/2013) sp-6830
[Procedure, Civil] (res judicata; mootness)
Janes v. Alaska Railbelt Marine, LLC (9/20/2013) sp-6829, 309 P3d 867
[Federal Issues] (unseaworthiness)
[Torts] (unseaworthiness)
Chloe O. v. State, Dept. of Health & Social Services, Office of Children's Services (9/20/2013) sp-6828, 309 P3d 850
[Family Law] (ICWA termination; parent not willing to participate)
Claudio P. v. State, Dept. of Health & Social Services, Office of Children's Services (9/20/2013) sp-6827, 309 P3d 860
[Family Law] (termination rights of incarcerated parent)
Mallory D. v. Malcom D. (9/20/2013) sp-6826, 309 P3d 845
[Family Law] (income based on self-employment; voluntary underemployment)
Schweitzer v. Salamatof Air Park Subdivision Owners, Inc. (9/13/2013) sp-6825
[Procedure, Civil] (determine owner, post-judgment proceedings)
Charles v. Stout (9/13/2013) sp-6824
[Business, Commercial/Labor Law] (security interest creates no tort liability)
[Contracts] (third-party beneficiary)
Nancy M. v. John M. (9/13/2013) sp-6823
[Family Law] (custody investigator report not binding)
Griswold v. Homer City Council (9/13/2013) sp-6822
[Administrative Agencies] (e-mails under the Alaska Records Management Act; attorney fees in an administrative appeal)
[Attorneys and Judges] (attorney fees in an administrative appeal)
Wilhour v. Wilhour (9/6/2013) sp-6821
[Family Law] (voluntary employment change to be closer to child; change of circumstances must not be temporary; effective date of support order)
[Procedure, Civil] (effective date of order)
Amy M. v. State, Dept. of Health & Social Services, Office of Children's Services (9/6/2013) sp-6820
[Family Law] (parental termination; substance abuse history)
Rosales v. Icicle Seafoods, Inc. (9/6/2013) sp-6819
[Workers' Compensation] (setting aside settlement agreement; board has sole authority to determine witness credibility)
North Pacific Erectors, Inc. v. State, Dept. of Administration (9/6/2013) sp-6818
[Contracts] (strictly enforce differing site conditions)
Alaskan Crude Corporation v. State, Alaska Oil and Gas Conservation Commission (8/30/2013) sp-6817
[Administrative Agencies] (administrative appeals, standard of review; agency Implied powers; award of attorney fees)
[Attorneys and Judges] (administrative appeals, fee awards)
[Procedure, Appellate] (administrative appeals, standard of review)
L Street Investments v. Municipality of Anchorage (8/23/2013) sp-6816
[Municipal Corporations] (legislative powers derive from Constitution)
[Statutory Construction] (Expressio unius est exclusio alterius)
Wiersum v. Harder (8/23/2013) sp-6815
[Damages] (damage to trees, lost value vs. restoration)
[Torts] (trespass which destroys trees)
Alaskan Adventure Tours, Inc. v. The City and Borough of Yakutat (8/23/2013) sp-6814
[Attorneys and Judges] (enhanced attorney fees)
[Evidence] (trial court discretion in discovery issues)
[Procedure, Civil] (fraud; compare Rule 60(b)(2) and 60(b)(3))
Johnson v. The Aleut Corporation (8/23/2013) sp-6813
[Business, Commercial/Labor Law] (deference to arbitrator)
Steven D. v. Nicole J. (8/16/2013) sp-6812
[Family Law] (Continuing jurisdiction under UCCJEA)
Brown v. Knowles (8/16/2013) sp-6811
[Business, Commercial/Labor Law] (piercing the corporate veil; bankruptcy jurisdiction)
United Services Automobile Association v. Neary (8/16/2013) sp-6810
Kennedy v. Municipality of Anchorage (8/16/2013) sp-6809
[Damages] (mental anguish claim-discrimination claim)
[Torts] (garden-variety mental anguish claim)
David S. v. Jared H. (8/16/2013) sp-6808
[Evidence] (witness credibility, criminal conviction)
[Family Law] (father’s consent to adoption)
Maness v. Daily (8/16/2013) sp-6807
[Criminal] (arrest using excessive fo)
[Torts] (arrest using excessive force; official immunity)
Stanhope v. Stanhope (8/9/2013) sp-6806
[Family Law] (when real estate is marital; 50-50 division presumed equitable; post-separation payments to marital property)
[Procedure, Appellate] (deference to trial judge on fact decisions)
Kalenka v. Jadon, Inc. (8/9/2013) sp-6805
[Procedure, Civil] (summary judgment not a “stringent standard”)
[Torts] (“drunken person” under the dram shop act)
Gefre v. Davis Wright Tremaine, LLP (8/2/2013) sp-6804
[Attorneys and Judges] (legal malpractice, 3-year statute of limitations; attorney fees as damages)
[Constitutional] (judge as fact-finder in statute of limitation issues)
[Damages] (attorney fees as damages)
[Procedure, Civil] (10-year statute of limitations, interest in real property; 3-year contract statute vs. 2-year tort statute; discovery rule and equitable estoppel accrual date; judge may find facts regarding statute of limitations)
[Torts] (legal malpractice; spoliation)
Schaub v. Schaub (8/2/2013) sp-6803
[Equity] (laches, burden of proof)
[Family Law] (property division “after judgment”)
[Procedure, Civil] (10-year statute of limitations, “cause not otherwise provided for”)
Tesoro Alaska Company v. Union Oil Company of California (7/26/2013) sp-6802
[Contracts] (use of “trade usage” to resolve K dispute)
Nautilus Marine Enterprises, Inc. v. Exxon Mobil Corporation (7/19/2013) sp-6801
[Contracts] (use of extrinsic evidence in K dispute)
[Evidence] (extrinsic evidence in contract dispute; parol evidence rule)
SOP, Inc. v. State, Dept. of Natural Resources, Division of Parks and Outdoor Recreation (7/19/2013) sp-6800
[Real Estate] (difference between easement and license)
Petrilla v. Petrilla (7/19/2013) sp-6799
[Family Law] (support by unemployed/underemployed parent)
Patrick v. Municipality of Anchorage, Anchorage Transportation Commission (7/19/2013) sp-6798
[Administrative Agencies] (defer to agency fact finder; due process at agency hearing)
[Constitutional] (due process at agency hearing)
Villars v. Villars (7/19/2013) sp-6797
[Family Law] (support required by an “immigration sponsor”)
[Federal Issues] (support required by an “immigration sponsor”)
[Procedure, Civil] (appointing an interpreter)
Blaufuss v. Ball (7/12/2013) sp-6796
[Constitutional] (due process: notice and right to be heard)
[Procedure, Civil] (Rule 60(b)(4) can’t be used as a late appeal)
Windel v. Mat-Su Title Insurance Agency, Inc. (7/12/2013) sp-6795
[Attorneys and Judges] (attorney fees under Rule 68)
[Business, Commercial/Labor Law] (doctrine of ratification)
[Equity] (unclean hands)
[Real Estate] (title insurance duty regarding easement)
McCarter v. McCarter (7/5/2013) sp-6794
[Family Law] (incorporating property agreement in final decree)
Rosenblum v. Perales (7/5/2013) sp-6793
[Family Law] (using the nine statutory custody factors; military deployment; findings required for child support; court must review parents’ child support agreement)
Patterson v. Infinity Insurance Co. (6/28/2013) sp-6792
[Procedure, Civil] (res judicata)
Grimmett v. University of Alaska (6/28/2013) sp-6791
[Business, Commercial/Labor Law] (nonretention cannot be used to terminate employee for based on performance)
Christopher C. v. State, Dept. of Health & Social Services, Office of Children's Services (6/28/2013) sp-6790
[Family Law] (parental rights termination)
Beals v. Beals (6/28/2013) sp-6789
[Family Law] (3 steps for equitably dividing marital property)
Native Village of Tununak v. State, Dept. of Health & Social Services, Office of Children's Services (6/21/2013) sp-6788
[Family Law] (clear and convincing evidence for ICWA adoption by non-Natives)
Martin v. Martin (6/14/2013) sp-6787
[Attorneys and Judges] (AS 25.20.115 allows fee for modifying decree)
[Family Law] (change of circumstances less when modifying visitation; fee for modifying decree)
Schultz v. Wells Fargo Bank, N.A. (6/7/2013) sp-6786
[Attorneys and Judges] (Rule 82 fees; prevailing party)
[Procedure, Civil] (Rule 82 fees; prevailing party)
Dearlove v. Campbell (5/31/2013) sp-6785
[Procedure, Civil] (attorney fees under Rule 68)
Calais Company, Inc. v. Kyzer Ivy (5/31/2013) sp-6784
[Contracts] (analyzing appraisal clause in settlement agreement; interpreting a term in a contract is issue of law)
Ronny M. v. Nanette H. (5/31/2013) sp-6783
[Family Law] (a child’s “home state” under UCCJEA; analyzing an out-of-state move; analyzing statutory custody factors under AS 25.24.150(c).)
Taylor v. Wells Fargo Home Mortgage (5/17/2013) sp-6782
[Attorneys and Judges] (computing Rule 68 fees)
[Contracts] (No liability of agent for breach of K)
[Procedure, Civil] (computing Rule 68 fees)
Bottcher v. State (5/10/2013) sp-6781
[Criminal] (lifetime revocation of driver’s license)
Municipality of Anchorage v. Adamson (5/3/2013) sp-6780
[Statutory Construction] (several rules of statutory construction)
[Workers' Compensation] (stay of future medical payments)
Dimeff v. Estate of Robert Merle Cowan (5/3/2013) sp-6779
[Contracts] (subjective understanding of K not probative)
[Probate] (superior court’s probate jurisdiction)
O'Neal v. Campbell (5/3/2013) sp-6778
[Family Law] (support-deduct for child of prior relationship)
DesJarlais v. State, Office of the Lieutenant Governor (5/3/2013) sp-6777
[Constitutional] (initiative and referendum process; banning abortions not constitutional)
McDonnell v. State Farm Mutual Automobile Insurance Company (4/26/2013) sp-6776
[Business, Commercial/Labor Law] (appraisal statute not applicable in personal injury claims; policy may fix shorter limitations periods)
[Statutory Construction] (several rules of statutory construction)
Bearden v. State Farm Fire & Casualty Company (4/26/2013) sp-6775
[Business, Commercial/Labor Law] (define “accident” in insurance policy)
[Criminal] (collateral estoppel in civil case following no- contest plea in criminal case)
Madonna v. Tamarack Air, Ltd. (4/12/2013) sp-6774
[Procedure, Appellate] (erroneous ruling, must show prejudice)
Titus v. State, Dept. of Administration, Division of Motor Vehicles (4/12/2013) sp-6773
[Administrative Agencies] (motor vehicle, financial responsibility law)
[Attorneys and Judges] (no fees awarded in constitutional case)
[Constitutional] (equal protection; due process)
[Evidence] (lost earnings, proof cannot be speculative)
Wagner v. Wagner (4/5/2013) sp-6772
[Procedure, Civil] (Rule 40(e), continuance by pro se litigant)
Dixon v. Blackwell (3/29/2013) sp-6771
[Damages] (adequacy of damages awarded by a jury)
[Procedure, Civil] (Rule 68 offers; judicial admission; adequacy of damages awarded by a jury)
Plumbers & Pipefitters, Local 367 v. Municipality of Anchorage (3/29/2013) sp-6770
[Business, Commercial/Labor Law] (public employees, binding arbitration and right to strike)
Sullivan v. Resisting Environmental Destruction on Indigenous Lands (3/29/2013) sp-6769
[Constitutional] (best interest finding, oil exploration lease)
Hussein-Scott v. Scott (3/29/2013) sp-6768
[Contracts] (resolve conflicting terms in K)
[Family Law] (settlement K - resolve conflicting terms)
McCarrey v. Kaylor (3/29/2013) sp-6767
[Real Estate] (acceptance of common law dedication)
Pruitt v. Providence Extended Care (3/29/2013) sp-6766
[Workers' Compensation] (request hearing within 2 years of controversion; board credibility findings are binding on appeal)
Mills v. Hankla (3/22/2013) sp-6765
[Attorneys and Judges] (joint and several fee award)
[Evidence] (spoliation)
[Municipal Corporations] (selection of employee-discretionary/immune)
[Torts] (wrongful termination, constructive discharge, hostile work environment, sexual harassment under AHRA)
Hertz v. Macomber (3/22/2013) sp-6764
[Criminal] (discretion to award furlough with /conditions)
[Statutory Construction] (“may” [discretionary] vs. “shall” [mandatory])
Sosa de Rosario v. Chenega Lodging (3/22/2013) sp-6763
[Workers' Compensation] (Board credibility findings are binding)
Swaney v. Granger (3/22/2013) sp-6762
[Family Law] (child support based on self-employment income; retroactive modification prohibited)
Brooks v. Hollaar (3/22/2013) sp-6761
[Contracts] (when an agent can sue on a K)
[Equity] (promissory estoppel; unclean hands; when an equitable claim may be tried by a jury as a claim at law)
Griffin v. Weber (3/22/2013) sp-6760
[Real Estate] (deed intended as security instrument)
Burke v. Maka (3/15/2013) sp-6759
[Equity] (laches as a defense)
State v. Doe (3/15/2013) sp-6758
[Procedure, Appellate] (Rile 106, 2-1 decisions not precedntial)
[Statutory Construction] (Ex Post Factor, substantive or procedural)
Weilbacher v. Ring (3/8/2013) sp-6757
[Procedure, Civil] (Rule 19, joinder of indispensable party)
Hill v. Giani (3/8/2013) sp-6756
[Constitutional] (due process interest in various types of licenses)
[Torts] (§1983 claim; immunity for DHSS and employees)
American Marine Corporation v. Sholin (3/8/2013) sp-6755, 295 P3d 924
[Procedure, Civil] (savings statute; limitations statutes not favored)
ARCTEC Services v. Cummings (3/8/2013) sp-6754, 295 P3d 916
[Workers' Compensation] (fraud cases; Board fact findings are binding)
In Re Reinstatement of Wiederholt (2/22/2013) sp-6753
[Attorneys and Judges] (reinstatement of disbarred lawyer)
Estate of Simone Young Kim v. Coxe (2/22/2013) sp-6752
[Constitutional] (10th Amend.; presume statute is constitutional)
[Procedure, Civil] (procedure re: summary judgment)
[Statutory Construction] (preamble to unambiguous act; presume statute is constitutional)
[Torts] (PLCAA may preclude claim against gun shop)
Williams v. Ketchikan Gateway Borough (2/15/2013) sp-6751
[Municipal Corporations] (exemption from property taxes)
[Real Estate] (deed of trust does not change owner of real estate; deed of trust same as a mortgage)
Greenway v. Heathcott (2/15/2013) sp-6750
[Attorneys and Judges] (allegations of judicial bias)
[Evidence] (affidavits are hearsay, not admissible)
[Procedure, Civil] (treatment of pro se litigants; denial of motion to continue trial)
Hurn v. Greenway (2/8/2013) sp-6749
[Procedure, Civil] (summary judgment on existence of duty of care)
[Torts] (no duty to control guests in your home)
Heynen v. Fairbanks (2/1/2013) sp-6748
[Procedure, Appellate] (objective standard when appealing insufficient evidence to support a verdict regarding negligence)
[Torts] (the issue of negligence is for the jury)
Leisnoi, Inc. v. Merdes & Merdes, P.C. (2/1/2013) sp-6747
[Contracts] (can’t enforce illegal contract)
[Procedure, Appellate] (pay judgment and still appeal)
[Procedure, Civil] (60(b)(4), void judgment; 60(b)(5)-(6), must file in a “reasonable time”)
Williams v. GEICO (1/25/2013) sp-6746
[Business, Commercial/Labor Law] (insurer’s duty to defend, offer policy limits; multiple insureds)
Ahtna, Inc. v. State, Dept. of Transportation & Public Facilities (1/18/2013) sp-6745
[Statutory Construction] (general rules of construction)
Licht v. Irwin (1/18/2013) sp-6744
[Procedure, Appellate] (death of party in appeal; who may substitute)
In Re Cummings (1/18/2013) sp-6743
[Attorneys and Judges] (dismissal of judge; ABA standards)
Thea G. v. State, Dept. of Health & Social Services, Office of Children's Services (1/9/2013) sp-6742
[Family Law] (ICWA parental rights termination)

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