Alaska Supreme Court Opinions
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Recent Alaska Supreme Court Opinions
(From 1/1/2014)

Ellingson v. Lloyd (12/26/2014) sp-6977
[Administrative Agencies] (regs presumed valid; review on appeal)
[Procedure, Appellate] (standard of review, administrative regs)
Ebert v. Bruce L. (12/26/2014) sp-6976
[Family Law] (adoption, no consent by indigent father)
In Re Miles (12/12/2014) sp-6975
[Attorneys and Judges] (disbarment for embezzling client funds)
In Re Adoption of S.F., a Minor (12/12/2014) sp-6974
[Family Law] (when consent to adoption not required)
Chung v. Park (12/12/2014) sp-6973
[Real Estate] (damages for trespass by cutting trees)
State, Division of Workers' Compensation v. Titan Enterprises, LLC (11/28/2014) sp-6972
[Workers' Compensation] (fee award to non-claimant on appeal)
Green v. Parks (11/28/2014) sp-6971
[Family Law] (child custody; visitation conditions)
Garibay v. State, Dept. of Administration, Division of Motor Vehicles (11/28/2014) sp-6970
[Criminal] (revocation hearing after DWI arrest)
Resurrection Bay Auto Parts, Inc. v. Alder (11/28/2014) sp-6969
[Administrative Agencies] (AWHA, executive exemption)
[Business, Commercial/Labor Law] (AWHA, executive exemption)
Brewer v. State (11/28/2014) sp-6968
[Attorneys and Judges] (takings clause under Alaska Constitution)
[Statutory Construction] (resolve two conflicting statutes)
Asa'carsarmiut Tribal Council v. Wheeler (11/21/2014) sp-6967
[Family Law] (tribe’s intervention in custody case)
[Procedure, Civil] (Rule 24, standing to intervene)
Moody v. Royal Wolf Lodge (11/14/2014) sp-6966
[Business, Commercial/Labor Law] (“professionals” overtime pay under AWHA)
Chloe W. v. State, Dept. of Health & Social Services, Office of Children's Services (11/7/2014) sp-6965
[Family Law] (ineffective counsel in ICWA termination case)
Villars v. Villars (10/31/2014) sp-6964
[Family Law] (support of non-citizen spouse)
[Federal Issues] (agreement to support non-citizen spouse)
[Procedure, Appellate] (improper collateral attack on judgment)
Farmer v. Alaska USA Title Agency, Inc. (10/24/2014) sp-6963
[Constitutional] (foreclosure sale, extent of notice required)
[Procedure, Appellate] (what is required to overrule precedent)
[Real Estate] (postpone nonjudicial foreclosure; time to cure; inadequate sale price)
Becker v. Fred Meyer Stores, Inc. (10/16/2014) sp-6962
[Business, Commercial/Labor Law] (employment agreement modified by employee manual; subject to implied covenant of good faith)
[Contracts] (employment agreement modified by employee manual; subject to implied covenant of good faith)
Riggs v. Coonradt (10/16/2014) sp-6961
[Family Law] (custody-parents’ lack of cooperation; guardian ad litem fee)
Humphrey v. Lowe's Home Improvement Warehouse, Inc. (10/16/2014) sp-6960
[Workers' Compensation] (employee voluntarily leaves job; credibility decisions not reviewable; attorney fee award)
Christensen v. Alaska Sales & Service, Inc. (10/10/2014) sp-6959
[Procedure, Civil] (Rule 56, summary judgment standard)
Dodge v. Sturdevant (10/10/2014) sp-6958
[Family Law] (court may order waiver of IRS exemption)
Jamie H. v. State, Dept. of Health & Social Services, Office of Children's Services (10/10/2014) sp-6957
[Family Law] (terminate parental rights to only one parent)
Kyte v. Stallings (9/19/2014) sp-6956
[Family Law] (cannot modify support retroactively)
[Procedure, Appellate] (admin decision must state appeal in 30 days)
Graham R. v. Jane S. (9/19/2014) sp-6955
[Family Law] (custodial interference is changed circumstances; Parent cannot unilaterally impose conditions on order)
Native Village of Tununak v. State, Dept. of Health & Social Services, Office of Children's Services (9/12/2014) sp-6954
[Family Law] (when ICWA preferences don’t apply)
Kanuk v. State, Dept. of Natural Resources (9/12/2014) sp-6953
[Constitutional] (Art. VIII and the public trust doctrine)
[Procedure, Civil] (limits of declaratory judgment)
Briggs v. City of Palmer (9/12/2014) sp-6952
[Evidence] (property owner may testify as to damage)
[Procedure, Appellate] (accept late-filed appeal from pro se litigant)
Osborne v. State, Dept. of Corrections (9/5/2014) sp-6951
[Criminal] (process to contest sentence)
Houston v. Wolpert (9/5/2014) sp-6950
[Family Law] (custody based on continuity-stability factors)
Sherry R. v. State, Dept. of Health & Social Services, Office of Children's Services (8/29/2014) sp-6949
[Family Law] (termination case where OCS took too long)
Lee v. Konrad (8/29/2014) sp-6948
[Real Estate] (boundary by acquiescence)
[Torts] (trespass to land)
Adamson v. Municipality of Anchorage (8/29/2014) sp-6947
[Statutory Construction] (substantial compliance with statute)
[Workers' Compensation] (firefighter coverage)
In the Matter of Candace A. (8/22/2014) sp-6946
[Family Law] (qualifying as an expert under ICWA)
In the Matter of the Protective Proceedings of Vernon H. (8/22/2014) sp-6945
[Attorneys and Judges] (statutory fee scheme replaces Rule 82)
[Probate] (when guardianship costs shift to petitioner)
Young v. Kelly (8/22/2014) sp-6944
[Contracts] (several rudiments of contract law)
[Family Law] (reopen property division under Rule 60(b))
[Procedure, Civil] (reopen property division under Rule 60(b))
Grundberg v. Alaska State Commission for Human Rights (8/22/2014) sp-6943
[Torts] (race, age, sex discrimination claim)
Nautilus Marine Enterprises, Inc. v. Exxon Mobil Corporation & Exxon Shipping Co. (8/22/2014) sp-6942
[Attorneys and Judges] (fees based on out-of-state rates; “reasonable” fees and costs under Rules 872 and 79)
Greene v. Tinker (8/15/2014) sp-6941
[Procedure, Civil] (remedies for discovery violation)
[Torts] (elements of defamation; abuse of process)
Tweedy v. Matanuska-Susitna Borough Board of Adjustment and Appeals (8/15/2014) sp-6940
[Constitutional] (substantive due process; zoning)
[Real Estate] (zoning-nonconforming use)
[Statutory Construction] (when statute is clear, ignore its title)
Pederson v. Arctic Slope Regional Corp (8/8/2014) sp-6939
[Business, Commercial/Labor Law] (release electronic records to shareholder)
Alaska Judicial Council v. Kruse (8/8/2014) sp-6938
[Torts] ((presume statute is constitutional; long- standing interpretation may = legislative acquiescence)
Blas v. State, Dept. of Labor (8/8/2014) sp-6937
[Administrative Agencies] (fraudulent receipt of unemployment benefits)
[Statutory Construction] (defining “knowingly” as used in a statute)
Moffitt v. Moffitt (8/8/2014) sp-6936
[Equity] (rescission, legal or equitable; and reformation)
Alaska Trustee, LLC v. Bachmeier (8/8/2014) sp-6935
[Real Estate] (costs included in foreclosure reinstatement quote; UTPA doesn’t apply to nonjudicial foreclosure)
Price v. Kenai Peninsula Borough (8/8/2014) sp-6934
[Constitutional] (voter initiative vs. voter referendum)
[Municipal Corporations] (repealing city sales tax by voter referendum)
Donahue v. Ledgends, Inc. (8/1/2014) sp-6932
[Torts] (pre-activity release of liability; UTPA)
Richter v. Richter (8/1/2014) sp-6931
[Family Law] (personal jurisdiction; marital debt; Rose)
Heber v. Heber (8/1/2014) sp-6930
[Procedure, Civil] (Rules 60(b)(3) and 60(b)(4))
McCormick v. Chippewa, Inc. (7/30/2014) sp-6933
[Procedure, Civil] (Rule 56(f); liberal discovery)
Lane v. Ballot (7/25/2014) sp-6929
[Criminal] (guilty but mentally ill)
[Procedure, Civil] (attorney stipulation, admission in pleading, are conclusively established)
[Torts] (criminal conviction, collateral estoppel)
Silver Bow Construction v. State, Dept. of Administration, Division of General Services (7/25/2014) sp-6928
[Administrative Agencies] (nonresponsive proposal to state RFP)
[Constitutional] (rudiments of equal protection)
[Statutory Construction] (“may” indicates discretion)
Harris v. Millennium Hotel (7/25/2014) sp-6927
[Constitutional] (death benefits for same-sex partner)
[Workers' Compensation] (death benefits for same-sex partner)
Simmonds v. Parks (7/18/2014) sp-6926
[Constitutional] (full faith and credit under ICWA)
[Family Law] (tribal court jurisdiction to terminate parental rights under ICWA)
[Procedure, Appellate] (exhaust remedies below before appeal)
Grace L. v. State, Dept. of Health & Social Services, Office of Children's Services (7/18/2014) sp-6925
[Family Law] (ICWA termination of parental rights; post-termination visitation)
Schlumberger Technology Corp. & Subsidiaries v. State, Dept. of Revenue (7/18/2014) sp-6924
[Statutory Construction] (general maxims of construction)
Lake & Peninsula Borough Assembly v. Oberlatz (7/11/2014) sp-6923
[Attorneys and Judges] (fees based on constitutional claims)
[Constitutional] (residency as related to voting rights)
[Municipal Corporations] (residency as related to voting rights)
[Procedure, Appellate] (defer to trial court: credibility, weigh evidence)
Kristina B. v. Edward B. (7/3/2014) sp-6922
[Family Law] (defer to trial court, custody and credibility; support order under 90.3 presumed valid; custodial parent move out-of- state)
Girdwood Mining Company v. Comsult LLC (7/3/2014) sp-6921
[Business, Commercial/Labor Law] (securities law, illegal contract)
Johnson v. State (6/27/2014) sp-6920
[Constitutional] (double jeopardy)
[Criminal] (may raise double jeopardy at any time)
[Procedure, Appellate] (fundamental error not raised below)
State, Dept. of Health & Social Services v. Mullins (6/27/2014) sp-6919
[Torts] (allocation of fault; discretionary immunity)
Frackman v. Enzor (6/20/2014) sp-6918
[Family Law] (changegt circumstances; supervised visits)
Tweedy v. Matanuska-Susitna Borough Board of Adjustment and Appeals (6/20/2014) sp-6917
[Constitutional] (substantive due process; zoning)
[Real Estate] (zoning-nonconforming use)
[Statutory Construction] (when statute is clear, ignore its title)
Brown v. City of Kenai, Personnel Board (6/20/2014) sp-6916
[Administrative Agencies] (uphold ambiguous agency orders)
[Business, Commercial/Labor Law] (affirm employee termination on appeal; good faith- fair dealing in employment K)
[Constitutional] (due process; right to continued employment)
[Contracts] (good faith-fair dealing in employment K)
[Procedure, Appellate] (admin appeal; record must reflect basis for decision; uphold employee termination if substantial evidence)
Pouzanova v. Morton (6/20/2014) sp-6915
[Damages] (when punitive damages not allowed)
[Evidence] (Rule 403, probative vs. prejudicial)
[Procedure, Civil] (rehabilitate challenged juror; join third-party defendant to allocate fault)
[Torts] (join third-party defendant to allocate fault)
Louie v. BP Exploration (Alaska), Inc. (6/13/2014) sp-6914
[Workers' Compensation] (spendable weekly wage controlled by § 175 cap.)
Brandner v. Municipality of Anchorage (6/13/2014) sp-6913
[Procedure, Appellate] (standard of review for admin appeals)
Yelena R. v. George R. (5/23/2014) sp-6912
[Family Law] (UCCJEA; supervised visitation)
In Re Necessity for the Hospitalization of Mark V. (5/16/2014) sp-6911
[Procedure, Appellate] (mootness doctrine, collateral consequences)
Conley v. Alaska Communications System Holdings, Inc. (5/9/2014) sp-6910
[Evidence] (E.R. 105, 403, 404; proof of prior acts)
[Torts] (res ipsa loquitur)
Achman v. State (5/9/2014) sp-6909
[Attorneys and Judges] (fee award is “presumptively correct”)
[Procedure, Civil] (summary judgment, inaccurate affidavit)
[Torts] (jailers duty to inmates)
Davis Wright Tremaine LLP v. State, Dept. of Administration (5/9/2014) sp-6908
[Administrative Agencies] (late-filed RFP)
Pralle v. Milwicz (5/9/2014) sp-6907
BP Pipelines (Alaska) Inc. v. State, Dept. of Revenue (5/9/2014) sp-6906
Patterson v. Cox (5/9/2014) sp-6905
[Procedure, Civil] (recusal of a judge; ignoring a subpoena)
Lockwood v. Geico General Insurance Company (5/2/2014) sp-6904
[Procedure, Civil] (rules re: summary judgment and discovery)
[Torts] (bad faith by insurance company)
State v. Public Safety Employees Association (5/2/2014) sp-6903
[Administrative Agencies] (arbitration awards, public policy exception)
[Procedure, Appellate] (arbitration awards, public policy exception)
AAA Valley Gravel, Inc. v. Totaro (4/25/2014) sp-6902
[Procedure, Appellate] (defer to trial court: credibility, weigh evidence)
Boulds v. Nielsen (4/25/2014) sp-6901
[Family Law] (dividing property in a domestic partnership)
[Federal Issues] (federal preemption of state law)
Alsworth v. Seybert (4/25/2014) sp-6900
[Constitutional] (injunction as prior restraint on speech)
[Procedure, Civil] (standards for a preliminary injunction)
Hendricks-Pearce v. State, Dept. of Corrections (4/25/2014) sp-6899
State v. Schmidt (4/25/2014) sp-6898
[Constitutional] (marriage amendment/equal protection)
[Real Estate] (same-sex couple real estate tax exemption)
Charles v. State (4/25/2014) sp-6897
[Constitutional] (applying new constitutional ruling on ex post facto clause while case is on appeal)
[Procedure, Appellate] (definition of “plain error”)
Mattox v. State, Dept. of Corrections (4/18/2014) sp-6896
[Procedure, Civil] (rules regarding summary judgment)
[Torts] (duty owed to inmates; summary judgment not favored on issues of duty)
Kollander v. Kollander (4/18/2014) sp-6895
[Equity] (laches as a defense)
Purcella v. Olive Kathryn Purcella Trust (4/18/2014) sp-6894
[Probate] (reform/terminate irrevocable trust; undue influence)
[Procedure, Appellate] (conflicting facts, defer to trial court)
Emma D. v. State, Dept. of Health & Social Services, Office of Children's Services (4/11/2014) sp-6893
[Family Law] (termination of parental rights)
Steward v. State (4/11/2014) sp-6892
[Procedure, Civil] (discretionary function immunity)
Regner v. North Star Volunteer Fire Dept., Inc. (4/11/2014) sp-6891
[Municipal Corporations] (discretionary function immunity-firefighting)
[Torts] (discretionary function immunity-firefighting)
Healy Lake Village v. Mt. McKinley Bank (4/11/2014) sp-6890
[Federal Issues] (jurisdiction; competing tribal election issues)
[Procedure, Civil] (jurisdiction; competing tribal election issues)
Sandberg v. Sandberg (4/11/2014) sp-6889
[Family Law] (Rule 60(b); set aside settlement agreement)
Hawkins v. Attatayuk (4/11/2014) sp-6888
[Attorneys and Judges] (cost and fee order even without jurisdiction)
[Procedure, Civil] (subject matter jurisdiction; pro se pleadings)
Rude v. Cook Inlet Region, Inc. (4/11/2014) sp-6887
[Attorneys and Judges] (Rule 68 offers must be in good faith)
[Business, Commercial/Labor Law] (cumulative voting of shareholder proxies)
[Procedure, Appellate] (mootness doctrine, exceptions)
[Procedure, Civil] (Rule 68 offers must be in good faith)
In Re Necessity for the Hospitalization of Gabriel C. (4/4/2014) sp-6886
[Constitutional] (due process violation must show prejudice)
[Procedure, Appellate] (mootness doctrine; exceptions)
Espeland v. OneWest Bank, FSB (3/28/2014) sp-6885
[Procedure, Civil] (Rule 60(b)(3), fraud; Rule 56, need affidavits to avoid summary judgment)
Zamarello v. Reges (3/28/2014) sp-6884
[Contracts] (ambiguous contract, integration clause)
Municipality of Anchorage v. Holleman (3/28/2014) sp-6883
[Constitutional] (voter referendum)
[Municipal Corporations] (voter referendum)
Shumway v. Betty Black Living Trust (3/28/2014) sp-6882
[Evidence] (Alaska resident, incarcerated elsewhere)
[Statutory Construction] (Alaska resident, incarcerated elsewhere)
Rowan B. v. State, Dept. of Health & Social Services, Office of Children's Services (3/21/2014) sp-6881
[Family Law] (discovery in CINA cases; “substantial risk of sexual abuse”)
Maness v. Gordon (3/21/2014) sp-6880
[Constitutional] (due process, important vs. fundamental right)
[Torts] (statute of limitations, discovery rule, repressed memory syndrome)
Alaska Community Action on Toxics v. Hartig (3/21/2014) sp-6879
[Administrative Agencies] (pay for copyvg of agency records)
[Procedure, Appellate] (mootness doctrine)
Dennis v. State, Dept. of Administration, Division of Motor Vehicles (3/21/2014) sp-6878
[Criminal] (calibration tests for breath test instruments)
Molly O. v. State, Dept. of Health & Social Services, Office of Children's Services (3/14/2014) sp-6877
[Family Law] (“Indian custodian” under ICWA)
Harris v. M-K Rivers (3/14/2014) sp-6876
[Workers' Compensation] (penalty for bad faith controversion)
Limeres v. Limeres (3/14/2014) sp-6875
[Family Law] (defer to trial judge on custody; income averaging for support order; supervised visitation, valuing marital property)
ConocoPhillips Alaska, Inc. v. Williams Alaska Petroleum, Inc. (3/14/2014) sp-6874
[Attorneys and Judges] (late-filed motions for fees and costs)
[Contracts] (no mirror image rule under the UCC)
Szabo v. Municipality of Anchorage (3/7/2014) sp-6873
[Procedure, Civil] (Guidelines for Rule 60(b)(1),(4),(5), and (6))
James R. v. Kylie R. (3/7/2014) sp-6872
[Family Law] (defer to superior court in custody matters; decision when both parents are equal; use of statutory guidelines)
Conitz v. Alaska State Commission for Human Rights (3/7/2014) sp-6871
[Procedure, Appellate] (time to appeal after reconsideration motion)
[Procedure, Civil] (res judicata; mootness)
Simone H. v. State, Dept. of Health & Social Services, Office of Children's Services (3/7/2014) sp-6870
[Evidence] (Rule 504, psychotherapist privilege)
Stephanie W. v. Maxwell V. (2/28/2014) sp-6869
[Family Law] (general rules re: defer to trial court in custody decisions; good-faith allegations re: parental misconduct)
Christianson v. Conrad-Houston Insurance (2/21/2014) sp-6868, 318 P3d 390
[Contracts] (K limitations statute; discovery rule, malpractice)
[Procedure, Civil] (K limitations statute; discovery rule, malpractice)
[Torts] (K limitations statute; discovery rule, malpractice)
McAlpine v. Priddle (2/21/2014) sp-6866
[Attorneys and Judges] (fee arbitration issues not reviewable)
BP Pipelines (Alaska) Inc. v. State, Dept. of Revenue (2/19/2014) sp-6867
[Administrative Agencies] (assess property tax, Alaska Pipeline)
[Municipal Corporations] (assess property tax, Alaska Pipeline)
Denali Citizens Council v. State, Dept. of Natural Resources (2/14/2014) sp-6865, 318 P3d 380
[Administrative Agencies] (appeal involving agency expertise)
[Procedure, Appellate] (appeal involving agency expertise)
Sagers v. Sackinger (2/14/2014) sp-6864, 318 P3d 860
[Family Law] (custody issue, trial court discretion)
[Procedure, Civil] (continuance, trial court has discretion; can’t disqualify judge based on adverse rulings)
Coppe v. Bleicher (2/14/2014) sp-6863, 318 P3d 369
[Procedure, Appellate] (pro se waiver of issue not briefed or raised below)
[Workers' Compensation] (conflicting medical testimony, defer to Board; pro se waiver of issue not briefed or raised below)
In Re Necessity for the Hospitalization of Daniel G. (2/7/2014) sp-6862
[Administrative Agencies] (ex parte psychiatric evaluation order)
[Procedure, Civil] (Mootness doctrine, 2 exceptions)
Welton v. State, Dept. of Corrections (1/3/2014) sp-6861, 315 P3d 1196
[Procedure, Appellate] (No appeal from a DOC administrative decision, 3 exceptions)

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