Alaska Supreme Court Opinions
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Recent Alaska Supreme Court Opinions
(From 1/1/2021)
- In the Matter of the Necessity for the Hospitalization of: Mark V. (12/30/2021) sp-7576
- [Family Law] (involuntary commitment order)
- Gavora, Inc. v. City of Fairbanks (12/30/2021) sp-7575
- [Contracts] (“as-is” clause; duty to, disclose facts)
- [Real Estate] (“as-is” clause; duty to disclose facts)
- C.L., et al. v. Office of Public Advocacy GAL Brenda Finley (12/23/2021) sp-7574
- [Family Law] (conflict of interest; foster parent and GAL)
- Mariah B. v. State of Alaska, DHSS, OCS (12/10/2021) sp-7573
- [Evidence] (objecting to admissibility of evidence)
- [Procedure, Appellate] (adequacy of record on appeal)
- In the Matter of the Hospitalization of April S. (12/10/2021) sp-7572
- [Family Law] (OCS is not a “parent” or “guarddian”)
- In the Matter of the Protective Proceedings of: Baron W., a Minor (11/19/2021) sp-7571
- [Family Law] (ICWA; terminate guardianship of minor)
- [Probate] (ICWA; terminate guardianship of minor)
- [Procedure, Appellate] (witness credibility, defer to superior court)
- Kristy McConville v. John J. Otness (11/19/2021) sp-7570
- [Family Law] (domestic partnership)
- In the Matter of the Estate of Alexina Rodman (11/19/2021) sp-7569
- [Contracts] (oral contract to seel real estate)
- [Equity] (restitution, unjusty enrichment)
- [Procedure, Appellate] (witness credibility, defer to superior court)
- [Real Estate] (Statute of Frauds, oral contract to sell realty)
- PADRM Gold Mine, LLC v. Perkumpulan Investor Crisis Center Dressel - WBG (11/19/2021) sp-7568
- [Torts] (assignment of legal malpractice claim)
- State of Alaska, Office of the Governor Mike Dunleavy, in an official capacity v. The Alaska Legislative Council, on behalf of the Alaska State Legislature (11/12/2021) sp-7567
- [Constitutional] (recess appointments)
- Stephan C. Mitchell v. United Parcel Service and Liberty Mutual Fire Insurance Company (11/12/2021) sp-7566
- [Workers' Compensation] (permanent total disability)
- Lance Pruitt v. State of Alaska, Office of Lt. Governor Kevin Meyer, Division of Elections, Director Gail Fenumiai, and Elizabeth A. Hodges Snyder (11/12/2021) sp-7565
- [Administrative Agencies] (election challenge; presumption of validity)
- The Estate of Abigail Caudle by its Personal Representative, Marianne Burke v. Criterion General Inc., an Alaska Corporation, and Alaska USA Federal Credit Union, a Federal Credit Union and Unincorporated Association (11/5/2021) sp-7564
- [Constitutional] (procedural and substantive due process)
- [Workers' Compensation] (no benefits for worker with no dependents)
- Cynthia W. v. State of Alaska, Department of Health & Social Services, Office of Children's Services (10/29/2021) sp-7563
- [Equity] (CINA ruling based on sexual, abuse)
- Jigliotti Family Trust v. Donald Edward Bloom, Deborah Jane Bloom, and John W. Moore (10/29/2021) sp-7562
- [Equity] (laches)
- [Real Estate] (easement extinguished by prescription)
- The Happy Farmer, LLC d/b/a Releaf Alaska v. Alaska State Fair, Inc. (10/29/2021) sp-7561
- [Business, Commercial/Labor Law] (bailment, constructive or implied)
- Keven Windel and Marlene Windel v Matanuska-Susitna Borough (10/8/2021) sp-7560
- [Attorneys and Judges] (actual fees based on bad faith litigation)
- [Municipal Corporations] (private road vs. public road)
- [Procedure, Civil] (res judicata)
- Rosemarie P. v. Kelly B. (10/8/2021) sp-7559
- [Family Law] (custody, psychological parent)
- Adrienne Titus, Personal Representative of the Estate of Joel Titus v. State of Alaska, Department of Corrections (10/8/2021) sp-7558
- [Evidence] (expert testimony in medical malpractice case)
- [Torts] (expert testimony in medical malpractice case)
- Mark Thomas v. Joseph P. Casteel Trust (10/8/2021) sp-7557
- [Real Estate] (grounds to set aside foreclosure sale)
- State of Alaska, Office of Lieutenant Governor, Division of Elections and Director Gail Fenumiai, in an Official Capacity v. Arctic Village Council, League of Women Voters of Alaska, Elizabeth L. Jones, and Barbara Clark (9/17/2021) sp-7556
- [Constitutional] (no witness for absentee ballot)
- [Equity] (laches defense)
- Shawn Murphy v. Fairbanks North Star Borough (9/3/2021) sp-7555
- [Workers' Compensation] (statute of limitations; paralegal fees)
- Resource Development Council, et al. v. Kevin Meyer, et al. (9/3/2021) sp-7554
- [Constitutional] (limit on payment to signature gatherers)
- Hollis S. French v. Alaska Oil and Gas Conservation Commission (9/3/2021) sp-7553
- [Administrative Agencies] (jurisdiction of Oil & Gas Conservation Comm.)
- Andrew B. v. Abbie B. (9/3/2021) sp-7552
- [Contracts] (prenuptial contracts)
- [Family Law] (prenuptial contracts)
- Alaska Public Offices Commission v. Donna Patrick, James K. Barnett, and John P. Lambert (9/3/2021) sp-7551
- [Constitutional] (limits on political contributions)
- Paige M. Best v. Fairbanks North Star Borough (8/20/2021) sp-7550
- [Business, Commercial/Labor Law] (compare insurance and ordinary contract; made-whole
doctrine; common fund doctrine)
- Beverly J. Sumpter v. Fairbanks North Star Borough School District (8/20/2021) sp-7549
- [Workers' Compensation] (three-step process for deciding claims; Board has
sole power to determine credibility and weigh evidence)
- Andrea Trescot, M.D. and Algone Center, LLC v. Tabatha Foy, Mark Foy, Michael Foy, and Alissa Foy, a minor child (8/6/2021) sp-7548
- [Evidence] (Rule 606(b); juror affidavits inadmissible)
- Christine Culliton, as Personal Representative of the Estate of Courtney Culliton v. Hope Community Resources, Inc. (7/30/2021) sp-7547
- [Torts] (when expert witness required: no for ordinary
negligence claim; to avoid summary judgment on causation)
- Keven Windel and Marlene Windel v Matanuska-Susitna Borough (7/30/2021) sp-7546
- [Attorneys and Judges] (actual fees based on bad faith litigation)
- [Municipal Corporations] (private road vs. public road)
- [Procedure, Civil] (res judicata)
- Allstate Insurance Company v. Nathan Harbour, Allstate Insurance Company v. Kenneth N. Mattison (7/23/2021) sp-7545
- [Business, Commercial/Labor Law] (insurance arbitration clauses)
- [Contracts] (insurance arbitration clauses)
- John Albert Scudero Jr. v. State of Alaska (7/23/2021) sp-7544
- [Administrative Agencies] (conservation necessity; state regulate fishing)
- [Constitutional] (conservation necessity; state regulate fishing)
- State of Alaska, Department of Corrections v. John R. Wozniak (7/23/2021) sp-7543
- [Attorneys and Judges] (attorney fees in workers’ compensation)
- [Procedure, Appellate] (waive issue not raised below)
- [Workers' Compensation] (attorney fee awards, waiver of issue)
- State of Alaska, Office of Lieutenant Governor, Division of Elections and Director Gail Fenumiai, in an official capacity v. Recall Dunleavy (7/16/2021) sp-7542
- [Constitutional] (recall process)
- Ronald H. v. State of Alaska, DHSS, OCS (7/14/2021) sp-7541
- [Family Law] (ICWA active efforts, parent’s cooperation)
- State of Alaska, Office of Lieutenant Governor, Division of Elections, and Director Gail Fenumiai, in an official capacity v. Alyse S. Galvin (7/9/2021) sp-7540
- [Equity] (public consequences of preliminary injunction)
- Resqsoft, Inc. v. Protech Solutions, Inc. and State of Alaska, Department of Revenue (6/18/2021) sp-7539
- [Contracts] (forum selection clause in contract)
- [Equity] (unjust enrichment)
- Fairbanks Gold Mining, Inc. vs. Fairbanks North Star Borough Assessor (6/18/2021) sp-7538
- [Administrative Agencies] (grounds for property tax adjustment)
- [Municipal Corporations] (grounds for property tax adjustment)
- [Real Estate] (grounds for property tax adjustment)
- Norman Randle v. Bay Watch Condominium Association (6/18/2021) sp-7537
- [Equity] (preliminary injunction)
- [Procedure, Appellate] (waive point on appeal only cursory briefed)
- [Procedure, Civil] (defer to trial judge’s credibility rulings; non-lawyer
assistant at trial)
- Exxon Mobil Corporation, a New Jersey Corporation, Hillcorp Alaska, LLC, and SAExploration, Inc. v. State of Alaska, Department of Revenue (6/11/2021) sp-7536
- [Administrative Agencies] (challenge oil production taxes under the APA)
- Travis Buntin v. Schlumberger Technology Corporation (6/11/2021) sp-7535
- [Administrative Agencies] (AWHA exemptions)
- [Federal Issues] (FLSA exemptions)
- Kelly A. Dickson, Trustee of the Kelly A. Dickson 2008 Trust, and Donna C. Defusco v. State of Alaska, Department of Natural Resources (5/28/2021) sp-7534
- [Attorneys and Judges] (rule 82(b)(2) fee; adjust downward)
- Elizabeth Watson v State of Alaska (5/28/2021) sp-7533
- [Constitutional] (equal protection analysis)
- Jeffery A. Wendt v. Bank of New York Mellon Trust Company, N.A. (5/21/2021) sp-7532
- [Federal Issues] (Fair Debt Collection Practices Act [FDCPA])
- [Real Estate] (set aside foreclosure sale; UTPA)
- In the Matter of the Necessity for the Hospitalization of Vern H. (5/14/2021) sp-7531
- [Administrative Agencies] (delay in transporting for psychiatric evaluation)
- Kenneth John Christensen v. Songul Seckin (5/14/2021) sp-7530, 486 P.3d 181
- [Family Law] (UCCJEA)
- Felipe M. Espindola v. Peter Pan Seafoods, Inc. and Seabright Insurance Company (5/14/2021) sp-7529
- [Workers' Compensation] (witness credibility, board exclusive power)
- Alvin Kennedy and Eliezer Feliciano v. The Anchorage Police & Fire Retirement System (5/7/2021) sp-7528, 485 P.3d 1030
- [Statutory Construction] (two conflicting statutes; use most detailed)
- Tim Cook v. David Quashnick (5/7/2021) sp-7527, 485 P.3d 1026
- [Attorneys and Judges] (Rule 82 sets fees for offer of judgment)
- [Procedure, Civil] (Rule 82 sets fees for offer of judgment)
- In the Matter of the Protective Proceeings of Nora D. (5/7/2021) sp-7526, 485 P.3d 1058
- [Probate] (right to not testify in guardianship proceeding)
- [Statutory Construction] (sliding scale)
- In the Matter of the Necessity for the Hospitalization of Mabel B., In the Matter of the Necessity for the Hospitalization of: Sarah D. (5/7/2021) sp-7525, 485 P.3d 1018
- [Administrative Agencies] (delay in transporting for psychiatric evaluation)
- [Probate] (delay in transporting for psychiatric evaluation)
- State of Alaska, Department of Revenue v. North Pacific Fishing, Inc. and U.S. Fishing LLC. (5/7/2021) sp-7524, 485 P.3d 1040
- [Administrative Agencies] (Fisheries Tax)
- State of Alaska, Department of Corrections v. Kerry Porche (4/30/2021) sp-7523
- [Administrative Agencies] (Alaska Public Records Act)
- Republican Governors Association v. Alaska Public Offices Commission and Walker Mallot for Alaska (4/30/2021) sp-7522
- [Administrative Agencies] (Alaska Public Offices Commission)
- [Contracts] (promise or agreement as a “contract”)
- Travis Buntin v. Schlumberger Technology Corporation, Travis Buntin v. Schlumberger Technology Corporation (4/23/2021) sp-7521
- [Administrative Agencies] (AWHA exemptions)
- [Federal Issues] (FLSA exemptions)
- Nixola Doan, Personal Representative v. Banner Health, Inc., d/b/a
Fairbanks Memorial Hospital, et al. (4/23/2021) sp-7520
- [Attorneys and Judges] (common fund doctrine)
- [Torts] (settle with not all defendants)
- Dat Luong DBA LVDH Construction v. Western Surety Co. (4/23/2021) sp-7519
- [Administrative Agencies] (Little Miller Act)
- Marcie A. Beistline and William C. Beistline v. Bruce M. Footit, and Banner Health Inc., D/B/A Fairbanks Memorial Hospital (4/23/2021) sp-7518
- [Procedure, Civil] (expert testimony needed, summary judgment)
- [Torts] (medical malpractice, expert witnesses)
- Bret Bohn v. Providence Health Services - Washington (4/16/2021) sp-7517
- [Statutory Construction] (Health Care Decisions Act)
- Alaska State Commission for Human Rights v. United Physical Therapy, United Physical Therapy v. Alaska State Commission for Human Rights (4/16/2021) sp-7516
- [Workers' Compensation] (Board power to determine witness credibility)
- Frank Griswold v. Homer Advisory Planning Commission, Derek Reynolds, Catriona Reynolds, and Rick Abboud (4/9/2021) sp-7515
- [Municipal Corporations] (zoning decisions presumed valid)
- [Procedure, Appellate] (waive issues not adequately briefed)
- PLC, LLC. and MH2, LLC. v. State of Alaska, Department of Natural Resources (4/9/2021) sp-7514
- [Procedure, Civil] (injury-interest standing)
- Clark .J. (Father) v. State of Alaska, DHSS, OCS (4/2/2021) sp-7513
- [Family Law] ("active efforts" under ICWA)
- Peter Metcalfe, individually and on behalf of all others similarly situated v. State of Alaska (4/2/2021) sp-7512
- [Constitutional] (accrued benefits under PERS)
- North Slope Borough and North Slope Borough School District v. State of Alaska, Department of Education and Early Development (4/2/2021) sp-7511
- [Administrative Agencies] (deferential ”reasonable basis” standard of review)
- [Criminal] (equitable estoppel)
- [Procedure, Appellate] (denial of trial de novo; reasonable basis standard of
review)
- [Statutory Construction] (plain statutory language; substantial compliance)
- Laura Aubert, Personal Representative of the Estate of David L. Aubert v. Debra J. Wilson, f/k/a Debra J. Aubert (3/26/2021) sp-7510
- [Family Law] (marital vs. non-marital property; transmutation;
value of assets; unequal division of marital property)
- Creekside Limited Partnership, Creekside-Alyeska, LLC, and Community Development, Inc. v. Alaska Housing Finance Corporation (3/12/2021) sp-7509
- [Procedure, Civil] (evidence to overcome summary judgment)
- Ahtna, Inc. v. State of Alaska, Department of Transportation & Public Facilities, et al. (3/12/2021) sp-7508
- [Real Estate] (RS 2477 easements over aboriginal land)
- Danyelle D. Kimp v. Fire Lake Plaza II, LLC (3/5/2021) sp-7507
- [Contracts] (rules for interpreting contract; use these for interpreting
lease. Interference with prospective business relationship.
Implied covenant of good faith, fair dealing. Promissory estoppel)
- Tera Bunton, Personal Representative of the Estate of Helen A. Lingley v. Alaska Airlines, Inc. and Dan Kane (2/19/2021) sp-7506
- [Attorneys and Judges] (disqualify attorney for “serious misconduct”)
- [Constitutional] (due process: notice + opportunity to be heard)
- Alexandra Werba v. Association of Village Council Presidents (2/19/2021) sp-7505, 480 P.3d 1200
- [Procedure, Civil] (supplementation of pleadings is discretionary)
- Thomas E. Jordan v. Cheryl A. Jordan (2/12/2021) sp-7504, 480 P.3d 626
- [Family Law] (property division, VA and Soc.Sec. benefits)
- Walker E. v. State of Alaska, Department of Health & Social Services, Office of Children's Services (2/12/2021) sp-7503, 480 P.3d 598
- [Family Law] (ICWA termination of parental rights)
- Evvie Punches v. McCarrey Glenn Apartments LLC and Weidner Property Management LLC (2/12/2021) sp-7502, 480 P.3d 612
- [Procedure, Civil] (Rule 26; limiting depositions. Rule 56; when expert
required to resist summary judgment)
- Kelley Maves v. State of Alaska, Department of Public Safety (1/22/2021) sp-7501, 479 P.3d 399
- [Administrative Agencies] (Alaska Sex Offender Registration Act)
- [Criminal] (Alaska Sex Offender Registration Act)
- David Wilson v. State of Alaska (1/15/2021) sp-7500, 478 P.3d 1217
- [Business, Commercial/Labor Law] (public employee; self-incrimination)
- [Constitutional] (public employee; self-incrimination)
- State of Alaska, Office of Lieutenant Governor, Division of Elections, and Kevin Meyer, in an official capacity v. Vote Yes for Alaska's Fair Share (1/8/2021) sp-7499, 478 P.3d 679
- [Constitutional] (Lt. Gov. summary of ballot initiative)
- Austin Ahmasuk v. Division of Banking and Securities (1/8/2021) sp-7498, 478 P.3d 665
- [Administrative Agencies] (proxies under ANCSA voting rights)
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