Alaska Supreme Court Cases

[Family Law] (prefer joint legal custody and unrestricted visitation; can’t reduce child support to recoup overpayment; support beyond age 18; spousal maintenance out of property division)

In Re Necessity for the Hospitalization of Reid K. (9/25/2015) sp-7051

[Administrative Agencies] (commitment order, two exceptions to mootness)

[Attorneys and Judges] (ineffective assistance of counsel)

Guerrero v. Guerrero (9/18/2015) sp-7050

[Family Law] (military disability pay; forced sale of home; Rule 60(b)(6) to set aside property settlement)

[Procedure, Civil] (Rule 60(b)(6), set aside property settlement)

Tagaban v. City of Pelican (9/18/2015) sp-7049

[Attorneys and Judges] (no fees under both Rule 68 and Rule 82)

[Municipal Corporations] (foreclosing property for delinquent taxes)

[Procedure, Civil] (using judgment as a lien on property)

[Real Estate] (using judgment as a lien on property)

City of Hooper Bay v. Bunyan (9/11/2015) sp-7048

[Damages] (apportionment of damages)

[Evidence] (admissibility of expert testimony, when Daubert not required)

[Municipal Corporations] (municipal immunity for tort)

[Procedure, Civil] (direct verdict standards; apportionment of damages)

[Torts] (jailer duty of care; statutory immunity; apportionment of damages)

Hope P. v. Flynn G. (9/4/2015) sp-7047

[Family Law] (when hearing is required; shared custody vs. primary custody; imputing income to obligor parent)

Wilson v. State, Dept. of Law (9/4/2015) sp-7046

[Probate] (partial vs. full guardianship)

Diana P. v. State, Dept. of Health & Social Services, Office of Children's Services (9/1/2015) sp-7045

Caroline J. v. Theodore J. (8/28/2015) sp-7044

[Family Law] (child custody-domestic violence; trial court has broad discretion)

Jennifer L. v. State, Dept. of Health & Social Services, Office of Children's Services (8/28/2015) sp-7043

[Family Law] (master’s order returning child not binding; right to the care and custody of children is a basic civil liberty)

Oakley Enterprises, LLC v. NPI, LLC (8/28/2015) sp-7042

[Procedure, Civil] (apportionment vs. contribution)

[Torts] (strict liability, release of hazardous substance)

In Re Necessity for the Hospitalization of Dakota K (8/28/2015) sp-7041

[Procedure, Appellate] (mootness, collateral consequences exception)

Fernandez v. Fernandez (8/28/2015) sp-7040

[Procedure, Civil] (Rule 60(b) motions, fraud on the court.)

State, Dept. of Revenue v. BP Pipelines (Alaska) Inc. (8/28/2015) sp-7039

[Municipal Corporations] (pipeline tax assessment)

DeVilbiss v. Matanuska-Susitna Borough (8/28/2015) sp-7038

[Municipal Corporations] (broad taxing authority)

Matthew v. Gail S. (8/28/2015) sp-7037

[Family Law] (several holdings re: deference to trial court in custody decisions; plan for unsupervised visitation)

Manning v. State, Dept. of Fish & Game (8/28/2015) sp-7036

[Administrative Agencies] (Nelchina Basin regulations are constitutional)

Pacifica Marine, Inc. v. Solomon Gold, Inc. (8/21/2015) sp-7035

[Administrative Agencies] (defer to agency interpretation of its regs)

[Procedure, Appellate] (admin. decisions; four standards of review)

Duenas-Rendon v. Wells Fargo Bank N.A. (8/14/2015) sp-7034

[Business, Commercial/Labor Law] (bank accepting payments after default)

Rodriguez v. Alaska Commission for Human Rights (8/14/2015) sp-7033

[Torts] (discrimination claim, three-step framework)

Remy M. v. State, Dept. of Health & Social Services, Office of Children's Services (8/14/2015) sp-7032

[Attorneys and Judges] (ineffective counsel in termination case)

[Family Law] (applying LaVigne rule in termination case)

GeoTek Alaska, Inc. v. Jacobs Engineering Group, Inc. (8/14/2015) sp-7031

[Business, Commercial/Labor Law] (arbitration, decisions by court or arbitrator?)

[Torts] (duty of care, DSW factors and foreseeability)

Horne v. Touhakis (8/14/2015) sp-7030

[Family Law] (psychological parent; findings required for imputing income under Rule 90.3)

Theresa L. v. State, Dept. of Health & Social Services, Office of Children's Services (8/7/2015) sp-7029

[Family Law] (parental rights termination reversed)

[Statutory Construction] (statutory interpretation, basic rule)

McGlinchy v. State, Dept. of Natural Resources (8/7/2015) sp-7028

[Constitutional] (the “crux of due process”)

[Federal Issues] (mining law)

Andrea C. v. Marcus K. (8/7/2015) sp-7027

[Family Law] (best interest factors; focus on the stability factor)

Barber v. Schmidt (7/31/2015) sp-7026

[Attorneys and Judges] (when counsel appointed for indigent persons)

[Procedure, Civil] (a pro se litigant cannot represent a class; Rule 12 (b)(6), motion to dismiss, disfavored and rarely granted)

Erkins v. Alaska Trustee, LLC (7/31/2015) sp-7025

Ross v. Bauman (7/24/2015) sp-7024

[Family Law] (grandparent visitation)

McGee v. Alaska Bar Association (7/24/2015) sp-7023

[Attorneys and Judges] (review of dismissal of ethics grievance)

Pister v. State, Dept. of Revenue (7/24/2015) sp-7022

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

[Procedure, Civil] (when res judicata doesn’t apply)

Miller v. State, Depot. Of Environmental Conservation (7/24/2015) sp-7021

[Torts] (sovereign immunity; misrepresentation)

Ray v. Draeger (7/17/2015) sp-7020

[Evidence] (Rules 411 and 403; showing expert witness bias)

Jacko v. State (7/17/2015) sp-7019

[Constitutional] (statute can preempt municipal ordinance)

[Procedure, Civil] (ripe for declaratory judgment)

Hagen v. Strobel (7/10/2015) sp-7018

[Procedure, Civil] (Rule 56, issue of fact must be “genuine”)

[Torts] (medical malpractice, establish standard of care)

Moore v. Olson (7/2/2015) sp-7017

[Family Law] (Hague Convention, international visitation; use of statutory custody factors for visitation disputes)

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

Cooper v. Thompson (6/26/2015) sp-7016

[Evidence] (Rule 403, unfair prejudice; Rule 702, expert witness, Daubert test)

[Procedure, Civil] (incorrect or incomplete jury instruction)

[Torts] (additional harm jury instruction)

Sarah D. v. John D. (6/12/2015) sp-7015

[Family Law] (domestic violence, mandatory discussion by trial court in child custody case; interim orders)

[Procedure, Civil] (denial of continuance)

Hutton v. State (6/5/2015) sp-7014

[Criminal] (requirements for felon in possession conviction)

[Procedure, Appellate] (standard of review, waiver of jury tria)

Moore v. Moore (5/29/2015) sp-7013

[Family Law] (Hague Convention, international visitation; use of statutory custody factors for visitation disputes)

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

Alaska Conservation Foundation v. Pebble Limited Partnership (5/29/2015) sp-7012

[Statutory Construction] (statute using term construed by prior court decision)

Aulukestai v. State, Dept. of Natural Resources (5/29/2015) sp-7011

[Constitutional] (public notice clause)

[Real Estate] (easement vs. license)

Brandner v. Bateman (5/15/2015) sp-7010

[Torts] (review organizations, limit of liability)

Devine v. Great Divide Insurance Company (5/15/2015) sp-7009

[Business, Commercial/Labor Law] (employee exclusion, commercial liability policy)

[Workers' Compensation] (define “course and scope of employment”)

Manning v. State, Dept. of Fish & Game (5/15/2015) sp-7008

[Administrative Agencies] (Nelchina Basin regulations are constitutional)

Ace Delivery & Moving, Inc. v. Alaska State Commission for Human Rights (5/15/2015) sp-7007

[Attorneys and Judges] (award of fees in human rights cases)

Engstrom v. Engstrom (5/15/2015) sp-7006

[Family Law] (justification for unequal division of property; use of child-raising costs as part of property division)

Vonder Haar v. State, Dept. of Administration, Division of Motor Vehicles (5/1/2015) sp-7005

[Administrative Agencies] (law-speed vehicle; defer to agency)

[Procedure, Appellate] (reasonable basis standard of review)

Payton S. v. State, Dept. of Health & Social Services, Office of Children's Services (5/1/2015) sp-7004

[Family Law] (terminate parental rights under ICWA)

Ranes & Shine, LLC v. MacDonald Miller Alaska, Inc. (5/1/2015) sp-7003

[Contracts] (discovery rule, contract statute of limitations)

[Torts] (discovery rule, claim for misrepresentation)

In Re Ivy (5/1/2015) sp-7002

[Attorneys and Judges] (distinguish Rules 3.3/3.4 and Rule 8.4)

State, Dept. of Health & Social Services, Division of Public Assistance v. Gross (4/24/2015) sp-7001

[Administrative Agencies] (interim benefits pending SSI disability ruling)

[Procedure, Appellate] (agency expertise vs. statutory interpretation)

Wagner v. State (4/24/2015) sp-7000

[Criminal] (motion in limine; preservation rule)

Alaska Police Standards Council v. Parcell (4/17/2015) sp-6999

[Administrative Agencies] (defer to Alaska Police Standards Council)

[Procedure, Appellate] (defer to Alaska Police Standards Council)

Kinnan v. Sitka Counseling (4/17/2015) sp-6998

[Procedure, Civil] (Continuance to find a lawyer; Rule 37 sanction; affidavit as hearsay; alleged judicial bias)

Faye H. v. James B. (4/17/2015) sp-6997

[Family Law] (custody case, domestic violence presumption)

Castle Properties, Inc. v. Wasilla Lake Church of the Nazarene (4/10/2015) sp-6996

[Contracts] (good faith and fair dealing)

[Real Estate] (right of first refusal)

Foondle v. O'Brien (4/3/2015) sp-6995

[Attorneys and Judges] (malpractice claim, criminal defense lawyer)

[Criminal] (malpractice claim against defense lawyer)

Patterson v. GEICO General Insurance Company (4/3/2015) sp-6994

[Procedure, Civil] (amend complaint; disqualify judge; free speech limited in courtroom)

Norris v. Norris (3/27/2015) sp-6993

[Family Law] (UCCJEA)

[Procedure, Appellate] (oral testimony, defer to trial court)

Alaska Fish and Wildlife Conservation Fund v. State (3/27/2015) sp-6992

[Constitutional] (presume statute is constitutional)

[Procedure, Appellate] (review involving agency expertise)

Mahan v. Mahan (3/27/2015) sp-6991

[Contracts] (reconcile conflicting terms; reasonable expectations)

[Statutory Construction] (expressio unius est exclusio alterius)

Baker v. Ryan Air, Inc. (3/27/2015) sp-6990

[Contracts] (anti-waiver clause; oral modification)

Stavenjord v. Schmidt (3/20/2015) sp-6989

[Federal Issues] (claim under RLUIPA)

[Procedure, Civil] (burden of proof, summary judgment)

Brooks v. Horner (3/13/2015) sp-6988

[Business, Commercial/Labor Law] (director self-dealing; business judgment rule)

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

Red Elk v. McBride (3/13/2015) sp-6987

[Family Law] (joint legal custody only when parents can cooperate; must explain limits on visitation; unsupported allegations of misconduct may support unwillingness to foster relationship)

Alaska Fur Gallery, Inc. v. First National Bank Alaska (3/13/2015) sp-6986

[Attorneys and Judges] (enhanced Rule 82 fees)

[Evidence] (trial judge discretion to exclude evidence)

[Procedure, Civil] (fraud upon the court)

In Re Estate of Bavilla (3/6/2015) sp-6985

[Attorneys and Judges] (pro se litigants treated differently than lawyers)

[Probate] (convert informal probate to formal proceeding)

[Procedure, Civil] (Rule 15, amendment “freely given”)

Sylvia L. v. State, Dept. of Health & Social Services, Office of Children's Services (2/20/2015) sp-6984

[Family Law] (Reunification efforts in termination proceeding)

Goldsbury v. State (2/13/2015) sp-6983

[Criminal] (right against self-incrimination)

[Procedure, Appellate] (failure to object at trial; plain error rule)

Moreno v. State (1/30/2015) sp-6982

[Procedure, Appellate] (failure to object at trial; plain error rule)

Hughes v. Treadwell (1/30/2015) sp-6981

[Constitutional] (ballot initiatives [Bristol Bay Mine])

Bush v. Elkins (1/23/2015) sp-6980

[Attorneys and Judges] (trial judge’s duty re: self-represented litigant)

[Procedure, Civil] (when court can deny leave to amend; trial judge’s duty re: pro se litigant)

Shirley M. v. State, Dept. of Health & Social Services, Office of Children's Services (1/9/2015) sp-6979

[Family Law] (statutory preferences for placement of child)

RBG Bush Planes, LLC v. Kirk (1/9/2015) sp-6978, 340 P3d 1056

[Administrative Agencies] (failure to exhaust administrative remedies)

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