Alaska Supreme Court Cases

[Torts] (State's duty of care to foster parents; duty, breach and causation in negligence analysis; importance of foreseeability; State's immunity for misrepresentation)

Savage Arms, Inc. v. Western Auto Supply Co. (6/30/00) sp-5293

[Business, Commercial/Labor Law] (successor liability)

[Procedure, Civil] (fully subrogated insurer, real party in interest)

[Torts] (successor liability)

State, Dept. of Public Safety v. Shakespeare (6/30/00) sp-5292

[Criminal] (curing prior refusal to take breath test)

Office of Public Advocacy v. Superior Court, Second Judicial District (6/23/00) sp-5291

[Administrative Agencies] (Continued appointment when client is ineligible)

State, Dept. of Revenue, Child Support Enforcement Div. v. McCormick (6/23/00) sp-5290

[Family Law] (Post-majority support)

Standifer v. State (6/16/00) sp-5289

[Federal Issues] (Bankruptcy; state concurrent jurisdiction)

[Procedure, Civil] (Rule 60(b)(4), void judgment, no time limit)

Trombley v. Starr-Wood Cardiac Group P.C. (6/16/00) sp-5288

[Torts] (Medical malpractice; informed consent; lost consortium by unmarried cohabitant)

Valentino v. Cote (6/16/00) sp-5287

[Family Law] (Custody dispute, older child's preference)

Edelman v. Edelman (6/16/00) sp-5286

[Family Law] (Wanberg guidelines; post-separation mortgage payments; compensatory damages; retirement benefits)

S.S.M v. State (6/16/00) sp-5285

[Family Law] (CINA case, relative has placement preference)

Alaskans For a Common Language Inc. v. Kritz (6/16/00) sp-5284

[Procedure, Civil] (Intervention as a matter of right)

Sosa v. State (6/16/00) sp-5283

[Criminal] (Implied consent to blood tests in DWI case)

[Statutory Construction] (Unambiguous statute, heavy burden of proof)

Coster v. Piekarski (6/9/00) sp-5282

[Procedure, Appellate] (Use on remand of issue first raised on appeal)

American International Group v. Carriere (6/9/00) sp-5281

[Workers' Compensation] (Board cannot excuse 25% late payment penalty)

Bowers v. State (6/2/00) sp-5280

[Criminal] (Purpose of indictment; state can disavow theory)

Northern Alaska Environmental Center v. State; Dept. of Natural Resources (6/2/00) sp-5279

[Statutory Construction] (Several canons of statutory construction)

A.H. v. P.B. (5/26/00) sp-5278

[Attorneys and Judges] (ex parte communication with judge prohibited)

[Family Law] (Hearing required before material visit change)

Pierce v. Catalina Yachts, Inc. (5/19/00) sp-5277

[Business, Commercial/Labor Law] (Warranty excluding consequential damages)

[Damages] (Warranty excluding consequential damages)

Gerber v. Juneau Bartlett Memorial Hospital (5/19/00) sp-5276

[Statutory Construction] ("May" = discretionary; "shall" = mandatory)

[Torts] (Malpractice: use of expert panel report)

Samaniego v. City of Kodiak (5/19/00) sp-5275

[Torts] (Immunity in excessive force cases)

D.P. v. Wrangell General Hospital (5/19/00) sp-5274

In the matter of Johnstone (5/19/00) sp-5273

[Attorneys and Judges] (Appearance of impropriety)

Allen v. Alaska Oil & Gas Conservation Commission (5/12/00) sp-5272

[Administrative Agencies] (Authority for retroactive orders under APA.)

Lloyd's of London v. Fulton (5/12/00) sp-5271

[Business, Commercial/Labor Law] (Notice to insured of coverage issue; estoppel.)

[Procedure, Appellate] (Remand for insufficient findings and conclusions)

Sullivan v. Subramanian (5/12/00) sp-5270

[Real Estate] ( URLTA, claims for dimunition of rental value)

State, Dept. of Corrections v. Johnson (5/5/00) sp-5269

[Torts] (Duty owed to prisoners; negligence per se.)

Chilton-Wren v. Olds (5/5/00) sp-5268

[Equity] (Requirements for collateral estoppel.)

[Procedure, Civil] (Waiver of jury trial.)

[Real Estate] (URLTA claims as defense to FED action.)

A.B. v. State; Dept. of Health & Social Services (4/28/00) sp-5267

--- Withdrawn and reissued as sp-5312 ---

Steffey v. Municipality (4/28/00) sp-5266

[Workers' Compensation] (Rebut presumption; defer to Board decision)

DeYonge v. Nana/Marriott (4/21/00) sp-5265

[Workers' Compensation] (Rebut presumption; symptoms vs. condition)

M.C. v. Northern Insurance Company of New York (4/21/00) sp-5264

[Business, Commercial/Labor Law] (Insurance policy exclusions; duty to defend)

Alaska General Alarm, Inc. v. Grinnell (4/21/00) sp-5263

[Procedure, Civil] (Statute of limitations, complaint to apportion)

State, Dept. of Revenue v. Leitch (4/14/00) sp-5262

[Family Law] (de facto custody change; CSED right to modify.)

Egemo v. Egemo Construction Company (4/14/00) sp-5261

[Workers' Compensation] (Disability requires injury plus earnings loss)

Doyon Universal Services V. Allen (4/14/00) sp-5260

[Workers' Compensation] (Remote site doctrine; adequate pre-existing injury)

Worthy v. State (4/14/00) sp-5259

[Evidence] (Disputing evidence on a collateral matter)

Silvers v. Silvers (4/14/00) sp-5258

[Contracts] (Conditional loan, statute of limitations)

[Procedure, Civil] (Rule 99, telephonic testimony)

[Torts] (Proving bailment instead of conversion)

United Parcel Service Company v. State, Dept. of Revenue (4/7/00) sp-5257

[Administrative Agencies] (Deference to agency interpreting its own regs)

[Procedure, Appellate] (Standard of review, administrative appeal)

Halliburton Energy Services v. State (4/7/00) sp-5256

[Statutory Construction] (Void for vagueness)

Cavin v. State; Fish and Wildlife Protection Div. (4/7/00) sp-5255

[Federal Issues] (Jones Act and unseaworthiness claims)

Jerrel v. State (3/24/00) sp-5254

[Administrative Agencies] (Regulations must be promulgated under APA)

[Equity] (Estoppel, agency failure to enforce regulation)

City of Fairbanks v. Rice (3/17/00) sp-5253

[Business, Commercial/Labor Law] (Constructive discharge, Whistleblower Act)

[Damages] (Duty to mitigate in wrongful discharge case)

[Municipal Corporations] (Qualified immunity for municipal officials)

[Torts] (Defamation per se)

Stinson v. Holder (3/17/00) sp-5252

[Procedure, Civil] (Incompetence of party during trial)

Odom v. Fairbanks Memorial Hospital (3/17/00) sp-5251

[Business, Commercial/Labor Law] (Antitrust; unfair trade practices)

[Contracts] (Oral K, existence and terms, jury question)

[Torts] (Defamation, defamation per se, intentional interference with prospective economic advantage IIED)

Odom v. Lee (3/17/00) sp-5250

[Business, Commercial/Labor Law] (Antitrust; unfair trade practices)

[Procedure, Civil] (Rule 56, construe favoring nonmoving party)

[Torts] (Interfere with contract)

Preblich v. Zorea (3/10/00) sp-5249

[Attorneys and Judges] (Discovery rule in attorney malpractice cases)

[Torts] (Discovery rule tolls statute of limitations)

In the Matter of Alaback and Hall (3/10/00) sp-5248

[Constitutional] (Closed custody hearing not unconstitutional or violation of Public Records Law)

[Procedure, Civil] (Standing requires injury-in-fact)

Beavers v. State (3/10/00) sp-5247

[Criminal] (Confession based on police threat)

Skvorc v. State (3/3/00) sp-5246

[Administrative Agencies] (Executive Branch Ethics Act)

C.P. v. Allstate Insurance Company (3/3/00) sp-5245

[Contracts] (Rules for construing insurance contracts)

[Torts] (Personal tort liability of insurance adjuster)

Simon v. State (3/3/00) sp-5244

[Real Estate] (Interpreting ambiguous highway easement)

State v. Hodari (3/3/00) sp-5243

[Criminal] (Rejection of rigid sentencing benchmarks)

Barrett v. Era Aviation, Inc. (2/25/00) sp-5242

[Evidence] (Rules concerning use of expert witness)

[Torts] (Common carrier negligence)

Wescott v. State, Dept. of Labor (2/18/00) sp-5241

[Administrative Agencies] (Unemployment compensation; suitable work)

O'Callaghan v. Rue (2/18/00) sp-5240

[Procedure, Appellate] (Standard of review, administrative regs.)

Bennett v. Hedglin (2/11/00) sp-5239

[Business, Commercial/Labor Law] (Misrepresentation, rescind insurance policy)

[Procedure, Civil] (Oral argument, summary judgment motion)

State, Dept of Revenue, Child Support Enforcement Div. V. Pealatere (2/11/00) sp-5238

[Family Law] (Valid support offset; CSED recoup AFDC)

Native Village of Eklutna v. Board of Adjustment for Municipality of Anchorage (2/4/00) sp-5237

[Procedure, Appellate] (Points not in points on appeal may be presented.)

[Real Estate] (Conditional use permit; cultural considerations)

Parks Hiway Enterprises, LLC v. CEM Leasing Inc. (2/4/00) sp-5236

[Torts] (Strict liability, ultrahazardous, trespass, nuisance)

American Computer Institute v. State, Alaska Student Loan Corporation (2/4/00) sp-5235

[Contracts] (Offer substitute performance; school catalogue as K)

Balough v. Fairbanks North Star Borough (1/28/00) sp-5234

[Constitutional] (Procedural and substantive due process; taking without just compensation under Alaska constitution.)

[Municipal Corporations] (Borough Assembly as Board of Adjustment)

[Procedure, Appellate] (When claim is administrative appeal)

[Procedure, Civil] (Bifurcation of trial)

[Real Estate] (Zoning, grandfathered nonconforming use)

[Torts] (Dismissal of sec. 1983 claims after admin. Appeal)

Carlson v. Doyon Universal-0gden Services (1/21/00) sp-5233

[Workers' Compensation] (Odd lot doctrine; presumption analysis)

Moore v. Allstate Insurance Company (1/21/00) sp-5232

[Family Law] (Jurisdiction, concurrent or exclusive)

Berger v. Wien Air Alaska (1/21/00) sp-5231

[Workers' Compensation] (Odd lot doctrine; presumption analysis)

D.M. v. State, Div. Of Family & Youth Services (1/14/00) sp-5230

[Constitutional] (Notice failure; Matthews due process analysis)

[Family Law] (Terminate parental rights, two step process)

Raphael v. State (1/7/00) sp-5229

[Criminal] (Witness intimidation; defendant right to be present)

These Opinions were automatically converted to HTML (Hyper-Text Markup Language) format from electronic files provided by the Alaska Court System. Every effort has been made to ensure their accuracy, but neither Touch N' Go Systems, Inc., The Alaska Legal Resource Center, nor the Law Offices of James B. Gottstein are responsible for their accuracy or for any damages arising out of any possible inaccuracy. If any mistakes are found, please let us know at one of the addresses listed below. We arepleased to present Alaska Supreme Court Opinions. For more legal resources, visit the The Alaska Legal Resource Center.

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