Alaska Supreme Court Opinions
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Recent Alaska Supreme Court Opinions
(From 1/1/2019)

Farthest North Girl Scout Council, Russ Sharpton and Suellen Nelles v. Girl Scouts of the United States of America (9/13/2019) sp-7408
[Business, Commercial/Labor Law] (girl scouts; controlling law for a corporation)
In the Matter of the Necessity of the Hospitalization of Lucy G. (9/13/2019) sp-7407
[Constitutional] (order to administer psychotropic drug and ECT)
Sunny Haight, Personal Representative of the Estate of Savannah Cayce v. City & Borough of Juneau (9/6/2019) sp-7406
[Municipal Corporations] (discretionary function immunity)
[Torts] (discretionary function immunity)
Harry Ross v State of Alaska Human Rights Commission (8/30/2019) sp-7405
[Business, Commercial/Labor Law] (racial discrimination in employment)
Billy Dean Smith and Jacob Lee Anagick v State of Alaska, Department of Corrections, et al. (8/30/2019) sp-7404
[Procedure, Civil] (judge’s duty to advise pro se litigants)
Annette H. v. State of Alaska, Department of Health & Social Services, Office of Children's Services (8/30/2019) sp-7403
[Family Law] (uncooperative parent)
Silvia V. Tobar v. Remington Holdings LP and Liberty Insurance Company (8/30/2019) sp-7402
[Workers' Compensation] (substantial evidence; medical stability)
Adolph Hall v. Bertha Delores Hall (8/16/2019) sp-7401
[Family Law] (Ramsey credit for post-separation payments)
Craig Wm. Black and Camille R. Brill v. Whitestone Estates Condominium Homeowners' Association, Donald Jurewicz and Mary E. Jurewicz (8/16/2019) sp-7400
[Contracts] (obligor; direct how partial payment applies)
Raymond Leahy v. John Conant and James Duncan (8/16/2019) sp-7399
[Federal Issues] (Muslim Inmate’s rights under RLUIPA)
[Procedure, Civil] (procedural requirements for pro se litigants)
Jerry C. McCavit and Brenda D. McCavit v. Barbara Lacher, Louis Lacher, and State of Alaska, Department of Natural Resources (8/16/2019) sp-7398
[Constitutional] (free access to navigable or public water)
Jeff Graham v Municipality of Anchorage (8/9/2019) sp-7397
[Attorneys and Judges] (attorney fees, CBA vs. Rule 82)
John Diamond III v. Platinum Jaxx, Inc. (8/9/2019) sp-7396
[Business, Commercial/Labor Law] (pierce corporate veil)
[Evidence] (exclude evidence; bad acts, undue prejudice; opinion evidence)
In re: Cook Inlet Energy, LLC, Charles Gebhardt, Trustee for the Miller Energy Resources Creditors' Liquidation Trust v. Carol Inman, d/b/a Starichkof Enterprises, All American Oilfield, LLC v. Cook Inlet Energy, LLC (8/9/2019) sp-7395
[Administrative Agencies] (definition of “dump or mass”)
[Real Estate] (dump lien statute as applied to gas wells)
Fantasies on 5th Avenue, LLC. v State of Alaska, Alcoholic Beverage Control Board (8/9/2019) sp-7394
[Administrative Agencies] (liquor license denied for best interests of public)
[Constitutional] (statute unconstitutional for vagueness)
Matthew Schwier v. Audrey Schwier, n/k/a Audrey Magee-Davey (8/9/2019) sp-7393
[Family Law] (when motion to modify hearing is required)
Club Sinrock, LLC v Municipality of Anchorage (8/2/2019) sp-7392
[Constitutional] (adult cabaret ordinance unconstitutional)
[Municipal Corporations] (adult cabaret ordinance unconstitutional)
Lorena Weston v AKHappytime, LLC, d/b/a Alex Hotel & Suites (8/2/2019) sp-7391
[Damages] (reasonable value of services; collateral source rule)
Brett M. v. Amber M. (8/2/2019) sp-7390
[Family Law] (custody when parent leaves Alaska; custody awarded to primary caregiver)
Deverette L. Williams v Violeta Baker, Last Frontier Assisted Living, LLC (8/2/2019) sp-7389
[Procedure, Civil] (shift burden of proof in fiduciary cases)
[Torts] (fiduciary relationships)
Robin Lee Mitchell v. John R. Mitchell (7/19/2019) sp-7388
[Family Law] (extend domestic violence protective order)
[Procedure, Civil] (res judicata; mootness doctrine)
John E. and Sally E., a Minor v. Andrea E. (7/19/2019) sp-7387
[Family Law] (domestic violence presumption)
Alaina Adkins & Maxim Healthcare Services, Inc. v Jesse Michael Collens (7/12/2019) sp-7386
[Attorneys and Judges] (modified lodestar method for fee award)
[Damages] (uphold judge’s assessment of damages)
[Procedure, Civil] (discovery sanction for nondisclosure)
Tamra Faris v Gordon Taylor (7/12/2019) sp-7385
[Family Law] (separation date; recapture marital asset)
Oliver N. v State, Office of Children’s Services and Lisa B. v. State, Office of Children’s Services (7/5/2019) sp-7384
[Family Law] (new ICWA regulations on “expert witness”)
D&D Services, LLC d/b/a Novus Auto Glass and Ohio v. Kiel L. Cavitt (7/5/2019) sp-7383
[Workers' Compensation] (appeal of Commission fee award)
Kathryn Dodge v. Kevin Meyer, Lt. Gov., et al.; Barton LeBon and Alaska Republican Party (7/5/2019) sp-7382
[Administrative Agencies] (election recount)
State of Alaska v Teila V. Tofelogo (6/28/2019) sp-7381
[Criminal] (aggravator involving domestic violence)
[Statutory Construction] (sliding scale approach)
John Buckley v. American Fast Freight, Inc. and Matthew S. Carroll (6/21/2019) sp-7380
[Workers' Compensation] (special employee)
Charles S. v. State of Alaska, DHSS, OCS, Marian V. v. State of Alaska, DHSS, OCS (6/14/2019) sp-7379
[Family Law] (termination of parental rights reversed)
Jessica J., a minor v. State of Alaska (6/14/2019) sp-7378
[Family Law] (Interstate Compact for Juveniles)
Elias Robinson v. Alaska Housing Finance Corporation (6/14/2019) sp-7377
[Procedure, Civil] (Rule 12(b)(6) dismissal)
Dustin V. v. State of Alaska, DHSS, OCS, Dena M. v. State of Alaska, DHSS, OCS (6/14/2019) sp-7376
[Evidence] (when telephonic testimony is allowed)
[Family Law] (guardianship instead of termination)
[Procedure, Civil] (when telephonic testimony is allowed)
John Doe v. State of Alaska, Department of Public Safety (6/14/2019) sp-7375
[Criminal] (portion of ASORA violates due process)
Steve H. v. State of Alaska, DHSS, OCS (6/14/2019) sp-7374
[Family Law] (abandonment under the CINA statutes)
David Sean Pasley v Cynthia Deneen Pasley (6/7/2019) sp-7373
[Family Law] (tracing assets; parental leave; transmutation)
[Procedure, Appellate] (defer to trial court findings based on testimony)
Sam M. v. State of Alaska, Department of Health & Social Services, Office of Children's Services (6/7/2019) sp-7372
[Family Law] (ICWA case; child’s need for stability)
Sabrina V. v. State of Alaska, Department of Health and Social Services, Office of Children's Services (5/31/2019) sp-7371
[Family Law] (voluntary relinquishment of parental rights)
Nixola Jean Doan v. Banner Health, Inc. (5/31/2019) sp-7370
[Torts] (NIED, bystander exception)
Leonard T. Kelley v Municipality of Anchorage, Board of Equalization (5/31/2019) sp-7369
[Municipal Corporations] (deference to municipal taxing authorities)
[Real Estate] (deference to municipal taxing authorities)
Donald Jones and Annette Gwalthney-Jones v. State of Alaska, Department of Revenue (5/24/2019) sp-7368, 441 P.3d 966
[Administrative Agencies] (PFD residency requirements)
[Statutory Construction] (statutory construction maxims)
Gerald Markham v Kodiak Island Borough Board of Equalization, Gerald Markham v Kodiak Island Borough Board of Equalization (5/24/2019) sp-7367, 441 P.3d 943
[Attorneys and Judges] (attorney cannot be pro se)
[Constitutional] (property tax exemption for 65 years old)
[Real Estate] (property tax exemption for 65 years old)
Robert C. Keeton III v. State of Alaska, Department of Transportation and Public Facilities; Matanuska-Susitna Borough; City of Wasilla; Matanuska Electric Association, Inc.; Mat-Su Title Insurance Agency, Inc.; and Matanuska Federal Credit Union (5/24/2019) sp-7366, 441 P.3d 933
[Attorneys and Judges] (prejudgment interest; no fees and costs)
[Real Estate] (prejudgment interest; no fees and costs)
[Statutory Construction] (statutory construction maxims)
Randall G. Jackson v. Borough of Haines, Joshua Knorr, Jason F. Rettinger, Adam Patterson, Simon Ford, Gary Lowe, Darsie Calbeck a/k/a Culbeck, Mark Earnest, Amy Williams, and James Scott (5/24/2019) sp-7365, 441 P.3d 925
[Torts] (prosecutors have absolute immunity)
Kenai Landing, Inc. v. Cook Inlet Natural Gas Storage, LLC.; Kirkpatrick-Walkowski-Watkins Trust and Chere D. Kaas (5/24/2019) sp-7364, 441 P.3d 954
[Procedure, Appellate] (credibility decisions; defer to the superior court)
[Real Estate] (eminent domain; goal of “just compensation”)
Kenneth Arnold Wahl v State of Alaska (5/17/2019) sp-7363, 441 P.3d 424
[Evidence] (hearsay witness unavailable exception)
Lee E. Baker Jr. v. Kenneth M. Duffus (5/17/2019) sp-7362, 441 P.3d 432
[Procedure, Civil] (compulsory counterclaims)
Brett Crowley; Knik Aircraft Leasing, LLC; and Wingnuts Aviation, LLC., v. Northern Aviation, LLC, and NA Holdings, LLC. (5/10/2019) sp-7361, 441 P.3d 407
[Business, Commercial/Labor Law] (U.C.C. security agreements)
Errol P. Downs v Deborah Downs (5/3/2019) sp-7360, 440 P.3d 294
[Family Law] (property division 3-steps; statutory factors for equal- unequal division)
[Procedure, Appellate] (defer to trial court on credibility)
In the Matter of the Estate of Jerry Hatten (4/26/2019) sp-7359, 440 P.3d 256
[Contracts] (contracts concerning succession)
[Family Law] (domestic partnership; property distribution)
[Real Estate] (contracts concerning succession)
Amy S. v. State of Alaska, DHSS, OCS (4/26/2019) sp-7358, 440 P.3d 273
[Constitutional] (due process claim must show harm)
[Evidence] (judicial notice)
[Family Law] (judicial notice)
Guy Alan Berry, Jr. v Colleen Marie Coulman (4/26/2019) sp-7357, 440 P.3d 264
[Family Law] (15% change in child support)
Bryce Warnke-Green v. Pro-West Contractors, LLC and Liberty Northwest Insurance Company (4/26/2019) sp-7356, 440 P.3d 283
[Workers' Compensation] (medical benefits include modified van; full reasonable attorney fees)
Justin A. D. Nelson v. State of Alaska (4/19/2019) sp-7355, 440 P.3d 240
[Criminal] (conflict of interest, public defender agency)
Frank Griswold v Homer Board of Adjustment, et al. (4/19/2019) sp-7354, 440 P.3d 248
[Real Estate] (standing in land use case)
Theodore D. Morrison v. Alaska Interstate Construction Inc. and SKW Eskimos, Inc. (4/19/2019) sp-7353, 440 P.3d 224
[Workers' Compensation] (clarify 2005 amendments)
Thomas I. Anderson, Sr. v. State of Alaska, Alaska Department of Administration, Division of Motor Vehicles (4/19/2019) sp-7352, 440 P.3d 217
[Attorneys and Judges] (Rule 82 fees presumed correct)
[Equity] (mandamus-type remedy, laches defense)
[Statutory Construction] (use of “may” denotes is discretion)
SMJ General Construction, Inc., v. Jet Commercial Construction, LLC (4/12/2019) sp-7351, 440 P.3d 210
[Contracts] (successive contracts, which one controls)
Regina C., n/k/a Regina S. v. Michael C. (4/5/2019) sp-7350, 440 P.3d 199
[Family Law] (deny visitation; custodial interference)
Alaska Spine Center, LLC v. Mat-Su Valley Medical Center LLC, et al. (3/29/2019) sp-7349, 440 P.3d 176
[Statutory Construction] (plain meaning; common usage)
Yvette M. Wilkins v Paul D. Wilkins (3/29/2019) sp-7348, 440 P.3d 194
[Family Law] (equitably dividing marital assets, 3 basic steps)
Yvonne M. Gambini v Perry W. Hamilton (3/29/2019) sp-7347, 440 P.3d 184
[Family Law] (trial court, broad discretion in property division; spouse not liable for premarital debt; retirement benefits as marital asset)
In Re Hospitalization of Linda M. (3/22/2019) sp-7346, 440 P.3d 168
[Procedure, Civil] (Involuntary commitment)
In Re Hospitalization of Connor J. (3/22/2019) sp-7345, 440 P.3d 159
[Attorneys and Judges] (lawyer can waive client’s right to be present)
[Procedure, Civil] (Involuntary commitment)
Schacht v. Kunimune (3/15/2019) sp-7344, 440 P.3d 149
[Business, Commercial/Labor Law] (creditor attaching joint account)
Rosauer v. Manos (3/8/2019) sp-7343, 440 P.3d 145
[Real Estate] (cutting trees without authority)
Leahy v. Conant (3/8/2019) sp-7342, 436 P3d 1039
[Procedure, Civil] (declaratory judgment; pro se litigant)
[Torts] (public official qualified immunity)
Eva H. v. State, Dept. of Health & Social Services, Office of Children's Services (3/8/2019) sp-7341, 436 P.3d 1050
[Family Law] (ICWA termination requires “qualified witness”)
Reynolds-Rogers v. State, Dept. of Health & Social Services (3/8/2019) sp-7340, 436 P.3d 469
[Contracts] (covenant of good faith and fair dealing)
[Torts] (disability discrimination; retaliatory discharge)
Violet C. v. State, Dept. of Health & Social Services, Office of Children's Services (3/1/2019) sp-7339, 436 P 3d 1032
[Family Law] (terminate parental rights; reasonable efforts)
Regulatory Commission of Alaska v. Matanuska Electric Association, Inc. (2/22/2019) sp-7338, 436 P 3d 1015
[Administrative Agencies] (Regulatory Commission; Bradley Lake Project)
Saffir v. Wheeler (2/22/2019) sp-7337, 436 P 3d 1009
[Family Law] (parent leaves state; two-step process)
[Procedure, Appellate] (defer to superior court on issues of facts)
Bjorn-Roli v. Mulligan (2/15/2019) sp-7336, 436 P 3d 962
[Probate] (sisters dispute family trusts and corporation)
[Procedure, Appellate] (standard of review, factual questions)
Bill S. v. State, Dept. of Health & Social Services, Office of Children's Services (2/15/2019) sp-7335, 436 P 3d 976
[Family Law] (terminate parental rights, ICWA; active efforts)
State v. Planned Parenthood of the Great Northwest (2/15/2019) sp-7334, 436 P3d 984
[Constitutional] (Medicaid abortion payments)
[Statutory Construction] (ejusdem generis)
Unisea, Inc. v. Morales (2/8/2019) sp-7333, 435 P 3d 961
[Workers' Compensation] (PPI payment penalty; reemployment benefits)
Fannon v. Polo (2/8/2019) sp-7332, 436 P 3d 956
[Procedure, Appellate] (reconsideration argument waived)
[Real Estate] (greenbelt; plain meaning of covenant language)
Allstate Insurance Company v. Kenick (1/25/2019) sp-7331, 435 P 3d 938
[Business, Commercial/Labor Law] (adjuster liability for negligence)
[Procedure, Civil] (four factors for issue preclusion)
State v. Thompson (1/25/2019) sp-7330, 435 P 3d 947
[Criminal] (merger in sexual abuse cases)
In Re Hospitalization of Connor J. (1/18/2019) sp-7329
[Attorneys and Judges] (lawyer waives client’s right to be present)
In Re Hospitalization of Naomi B. (1/11/2019) sp-7328, 435 P 3d 918
[Family Law] (Involuntary commitment)
[Procedure, Civil] (mootness, public interest exception)
Bravo v. Aker (1/4/2019) sp-7327, 435 P 3d 908
[Procedure, Civil] (next friend vs. guardian ad litem)
State v. Sharpe (1/4/2019) sp-7326, 435 P 3d 887
[Criminal] (polygraph test)
[Evidence] (Daubert test, expert testimony; polygraph)

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