Alaska Supreme Court Cases

[Family Law] (duty to support begins with separation; varying support under Rule 90.3; retroactive modification; court must approve parents agreement regarding support)

Lum v. Koles (9/21/2018) sp-7302, 426 P3d 1103

[Criminal] (sovereign immunity for police officers)

[Procedure, Civil] (sovereign immunity for police officers)

Johnson v. J.G. Pattee, Inc. (9/21/2018) sp-7301, 426 P3d 1096

[Evidence] (admissibility of rebuttal evidence)

Atkins v. Inlet Transportation & Taxi Service, Inc. (9/21/2018) sp-7300, 426 P3d 1124

[Workers' Compensation] (employer approval of third party settlement)

Simmons v. State, Dept. of Corrections (9/14/2018) sp-7299, 426 P3d 1011

[Criminal] (inmate right to counsel; ex post facto law)

In Re Darren M. (9/14/2018) sp-7298, 426 P3d 1021

[Procedure, Appellate] (invited error)

Griswold v. Homer City Council (9/14/2018) sp-7297

[Administrative Agencies] (public records act; deliberative process)

[Municipal Corporations] (public records act; deliberative process)

Hall v. Hall (9/14/2018) sp-7296, 426 P3d 1006

[Family Law] (sole property transmuted to marital property)

Griswold v. Homer Board of Adjustment (9/14/2018) sp-7295, 426 P3d 1044

[Constitutional] (due process; right to be heard)

[Procedure, Civil] (due process; right to be heard)

Harper v. Biolife Energy Systems, Inc. (9/14/2018) sp-7294, 426 P3d 1067

[Procedure, Civil] (jurisdiction under the long-arm statute)

Mat-Su Valley Medical Center, LLC v. Bolinder (9/14/2018) sp-7293, 427 P3d 754

[Evidence] (medical peer review process)

[Procedure, Civil] (medical peer review process)

Corkery v. Municipality of Anchorage (9/14/2018) sp-7292, 426 P3d 1078

[Equity] (laches as a defense)

[Statutory Construction] (using “or” vs. “and” in a statute or ordinance)

City of Kodiak v. Kodiak Public Broadcasting Corporation (9/14/2018) sp-7291, 426 P3d 1089

[Attorneys and Judges] (fees for enforcing constitutional right)

Cox v. Estate of Steve Cooper (9/14/2018) sp-7290, 426 P3d 1032

[Business, Commercial/Labor Law] (construing Alaska usury statute)

[Statutory Construction] (rubrics of statutory construction)

Fredrickson v. Button (9/14/2018) sp-7289, 426 P3d 1047

[Family Law] (gift as income under Rule 90.3; exemption from terms of Rule 90.3)

Dara S. v. State, Dept. of Health & Social Services, Office of Children's Services (9/7/2018) sp-7288, 426 P3d 975

[Family Law] (review hearing after termination)

Blair v. Federal Insurance Company (9/7/2018) sp-7287

[Attorneys and Judges] (policy provision; no attorney fees)

[Contracts] (mutual assent; unexpressed subjective intent)

Nageak v. Mallott (8/31/2018) sp-7286, 426 P3d 930

[Administrative Agencies] (election contest vs. election recount)

Lee v. Sheldon (8/31/2018) sp-7285, 427 P3d 745

[Attorneys and Judges] (enforceability of arbitration decisions; enhanced fee award based on vexatious conduct)

Huber v. State, Dept. of Corrections (8/31/2018) sp-7284, 426 P3d 969

State, Dept. of Natural Resources v. Alaskan Crude Corporation (8/31/2018) sp-7283

[Contracts] (anticipatory breach)

[Procedure, Appellate] (deferential standard of review)

Tomal v. Anderson (8/31/2018) sp-7282, 426 P3d 915

[Attorneys and Judges] (divorce exception to Tule 82 attorney’s fees)

[Family Law] (domestic partnership; divorce exception to fee)

Geldermann v. Geldermann (8/31/2018) sp-7281

[Family Law] (change in circumstances; judge can decide custody and child support without specific motion)

Alaska State Commission for Human Rights v. Anderson (8/31/2018) sp-7280, 426 P3d 956

[Administrative Agencies] (authority of administrative agencies)

[Procedure, Civil] (only appearing doesn’t satisfy a subpoena)

[Statutory Construction] (expressio unius)

State v. Alaska Democratic Party (8/24/2018) sp-7279, 426 P3d 901

[Constitutional] (party affiliation rule)

Boiko v. Kapolchok (8/24/2018) sp-7278, 426 P3d 868

[Attorneys and Judges] (fee when no money judgment, no trial; corporations must appear by attorney; defer to trial judge on fee issue)

[Procedure, Appellate] (defer to trial judge on attorney fee issue)

[Procedure, Civil] (invalid Rule 68 joint offer; corporations must appear by attorney)

HDI-Gerling America Insurance Company v. Carlile Transportation Systems, Inc. (8/24/2018) sp-7277, 426 P3d 881

[Procedure, Civil] (jury instructions, essential term; failure to object)

Eberhart v. Alaska Public Offices Commission (8/24/2018) sp-7276, 426 P3d 890

[Administrative Agencies] (APOC rule re: municipal email)

[Procedure, Appellate] (deference to agency statute interpretations)

[Statutory Construction] (deference to agency statute interpretations)

Ball v. Allstate Insurance Company (8/17/2018) sp-7275, 426 P3d 862

[Business, Commercial/Labor Law] (construing auto insurance policy)

Gordon v. Gordon (8/10/2018) sp-7273, 425 P3d 142

[Family Law] (coverture fraction, retirement medical benefit)

Brennan v. Brennan (8/10/2018) sp-7272, 425 P3d 99

[Family Law] (3-step property division; transmute separate property)

Weathers v. Weathers (8/10/2018) sp-7271, 425 P3d 131

[Family Law] (due process in child custody matters; neither parent has preference for custody)

State, Dept. of Public Safety v. Doe I (8/10/2018) sp-7270, 425 P3d 115

[Criminal] (when ASORA applies to other state convictions)

Daves v. McKinley (8/10/2018) sp-7269, 425 P3d 92

[Family Law] (custody; grandparent vs. biological parent)

Whalen v. Whalen (8/10/2018) sp-7268, 425 P3d 150

[Family Law] (1 year domestic violence protective order)

Mallot v. Stand for Salmon (8/8/2018) sp-7274

[Constitutional] (prohibition of allocation in ballot initiative)

Mengisteab v. Oates (8/3/2018) sp-7267, 425 P3d 80

[Family Law] (analysis when parent moves out-of-state; court may give enhanced attention to one best interests factor)

Brooks Range Petroleum Corporation v. Shearer (7/27/2018) sp-7266, 425 P3d 65

[Procedure, Civil] (proper venue for tort and contract cases)

Jensen D. v. State, Dept. of Health & Social Services, Office of Children's Services (7/27/2018) sp-7265, 424 P3d 385

[Constitutional] (right to self-representation)

Vince B. v. Sarah B. (7/27/2018) sp-7264, 425 P3d 55

Pingree v. Cossette (7/27/2018) sp-7263, 424 P3d 371

[Family Law] (custody is judge’s most difficult issue)

[Procedure, Appellate] (defer to trial court, witness credibility)

Gross v. Wilson (7/27/2018) sp-7262, 424 P3d 390

[Family Law] (disability benefits not marital property; USGSPA)

[Procedure, Civil] (Rule 60(b))

Arcticorp v. C Care Services, LLC (7/20/2018) sp-7261, 424 P3d 365

[Business, Commercial/Labor Law] (proving garnishee has debtor property)

[Procedure, Appellate] (waiver of issues not briefed or raised below)

Estate of Seward (7/20/2018) sp-7260, 424 P3d 333

[Probate] (determination of paternity during probate)

Keenan v. Meyer (7/20/2018) sp-7259, 424 P3d 351

[Attorneys and Judges] (grounds for enhanced fees)

[Damages] (loss of use damages)

Fink v. Municipality of Anchorage (7/20/2018) sp-7258, 424 P3d 338

[Municipal Corporations] (presumption of correctness, municipal ordinance)

Nicolos v. North Slope Borough (7/13/2018) sp-7257, 424 P3d 318

[Administrative Agencies] (ADA and AHRA, grounds for discharge)

Laura B. v. Wade B. (7/6/2018) sp-7256, 424 P3d 315

[Constitutional] (due process in child custody motion)

[Family Law] (due process in child custody motion)

Miller v. Fowler (6/29/2018) sp-7255, 424 P3d 306

[Contracts] (extrinsic evidence even for unambiguous K)

[Torts] (discovery rule)

Hester v. Landau (6/29/2018) sp-7254, 420 P3d 1285

[Probate] (only PR can appear for estate in court)

[Statutory Construction] (several rules for statutory construction)

Harrold-Jones v. Drury (6/22/2018) sp-7253, 422 P3d 568

[Procedure, Civil] (ex parte contact, discovery of medical records)

[Torts] (ex parte contact, discovery of medical records)

Manning v. State, Dept. of Fish & Game (6/22/2018) sp-7252, 420 P3d 1270

[Attorneys and Judges] (constitutional litigant fees)

[Procedure, Appellate] (issues forfeited by pro se litigant)

[Procedure, Civil] (when amended complaint is futile)

Public Safety Employees Association v. City of Fairbanks (6/15/2018) sp-7251, 420 P3d 1243

[Administrative Agencies] (bad faith under PERA)

[Municipal Corporations] (presumption of regularity; bad faith under PERA)

Cottini v. Berggren (6/15/2018) sp-7250, 420 P3d 1255

[Attorneys and Judges] (agent’s right to reimbursement for fees)

Solomon v. Solomon (6/8/2018) sp-7249, 420 P3d 1234

[Family Law] (findings for history of domestic violence)

[Procedure, Civil] (burden on party requesting continuance)

Kailyn S. v. State, Dept. of Health & Social Services, Office of Children's Services (6/1/2018) sp-7248, 420 P3d 1232

[Family Law] (CINA case. Child’s need for permanence))

Maxwell v. Sosnowski (5/18/2018) sp-7247, 420 P3d 1227

[Family Law] (credit for post-separation payments)

Dunmore v. Dunmore (5/11/2018) sp-7246, 420 P3d 1187

[Family Law] (Use of Social Security in property division)

Kang v. Mullins (5/11/2018) sp-7245, 420 P3d 1210

[Workers' Compensation] (definition of “employer”)

Wiegers v. Richards-Wiegers (5/11/2018) sp-7244, 420 P3d 1180

[Family Law] (valuation of business and retirement health benefits)

Dean S. v. State, Dept. of Health & Social Services, Office of Children's Services (5/11/2018) sp-7243, 420 P3d 1175

[Family Law] (withdraw consent to adoption)

Hahn v. GEICO Choice Insurance Company (5/11/2018) sp-7242, 420 P3d 1160

[Procedure, Civil] (when declaratory judgment is appropriate)

Burke v. Raven Electric, Inc. (5/11/2018) sp-7241, 420 P3d 1196

[Workers' Compensation] (exclusive remedy not unconstitutional)

Jordan v. State (5/4/2018) sp-7240, 420 P3d 1143

[Constitutional] (no harmless error review of constitutional issuec)

[Criminal] (no harmless error review of constitutional issue)

Wyman v. Whitson (5/4/2018) sp-7239, 421 P3d 99

[Family Law] (a child support by self-employed parent)

Lane v. City & Borough of Juneau (4/27/2018) sp-7238, 421 P3d 83

[Procedure, Appellate] (lenient standard for withstanding summary judgment)

[Torts] (municipal discretionary function immunity and, employee official immunity; vicarious liability)

Walker v. State, Dept. of Corrections (4/27/2018) sp-7237, 421 P3d 74

[Constitutional] (prisoner constitutional rights)

Pederson v. Arctic Slope Regional Corporation (4/13/2018) sp-7236, 421 P3d 58

[Business, Commercial/Labor Law] (right to inspect corporate books)

[Procedure, Civil] (trial proceeds when party is voluntarily absent)

Riddle v. Lanser (4/6/2018) sp-7235, 421 P3d 35

[Torts] (private nuisance; Right to Farm Act)

State v. Ranstead (4/6/2018) sp-7234, 421 P3d 15

[Criminal] (must object to probation/parole conditions)

Holmes v. Holmes (3/30/2018) sp-7233, 414 P3d 662

[Family Law] (self-employment income; predicting future income and visitation; modify order and res judicata)

Pease-Madore v. State, Dept. of Corrections (3/30/2018) sp-7232, 414 P3d 671

[Administrative Agencies] (inmate disciplinary proceedings)

Lindbo v. Colaska, Inc. (3/23/2018) sp-7231, 414 P3d 646

[Evidence] (evidence of prior conviction; drug use)

[Procedure, Civil] (spoliation instruction; refreshing witness recollection; closing argument vouching statement)

Schack v. Schack (3/23/2018) sp-7230, 414 P3d 639

[Torts] (NIED; extending the bystander exception)

Alaska Association of Naturopathic Physicians v. State, Division of Corporations, Business & Professional Licensing (3/16/2018) sp-7229, 414 P3d 630

[Administrative Agencies] (“drugs” vs. “dietetics”; AG opinions)

[Statutory Construction] (interpret statute: use sliding scale; interpret regulation: burden of proof)

Toni 1 Trust v. Wacker (3/2/2018) sp-7228, 413 P3d 1199

[Procedure, Civil] (Alaska jurisdiction over other state cases)

Hooks v. Alaska USA Federal Credit Union (3/2/2018) sp-7227, 413 P3d 1192

[Attorneys and Judges] (proving trial judge’s “judicial bias”)

[Constitutional] (summary judgment not denial of due process)

[Procedure, Appellate] (leniency for pro se litigants on appeal)

Diego K. v. State, Dept. of Health & Social Services, Office of Children's Services (2/23/2018) sp-7226, 411 P3d 622

[Family Law] (ICWA findings require admissible evidence)

Farr v. Little (2/23/2018) sp-7225, 411 P3d 630

[Family Law] (child support based on imputed income)

Olivera v. Rude-Olivera (2/16/2018) sp-7224, 411 P3d 587

[Attorneys and Judges] (enhanced fee for party with stronger finances)

[Evidence] (real estate value, landowner testimony)

[Procedure, Appellate] (defer to trial court findings)

[Procedure, Civil] (discovery rules liberally construed; superior court discretion)

[Real Estate] (real estate value, landowner testimony)

Kessler v. Kessler (2/16/2018) sp-7223, 411 P3d 616

[Family Law] (transmutation by implied interspousal gift)

Wassillie v. State (2/16/2018) sp-7222, 411 P3d 595

[Criminal] (conviction based on flawed indictment)

[Evidence] (business records exception, police reports)

State, Dept. of Health & Social Services, Office of Children's Services v. Michelle P. (2/9/2018) sp-7221, 411 P3d 576

[Family Law] (jurisdiction in CINA case not dependent on disposition order)

[Procedure, Civil] (uncontested motion need not be granted))

[Statutory Construction] (inconsistent court rule and statute)

Odom v. State, Division of Corporations, Business & Professional Licensing (2/9/2018) sp-7220, 421 P3d 1

Reeves v. Godspeed Properties, LLC (1/26/2018) sp-7219, 411 P3d 560

[Real Estate] (interpreting a deed, three-step process; extinguish easement by prescription)

Beecher v. City of Cordova (1/19/2018) sp-7218, 408 P3d 1208

[Business, Commercial/Labor Law] (motion for accounting)

[Procedure, Civil] (motion for accounting)

Moore v. McGillis (1/12/2018) sp-7217, 408 P3d 1196

[Family Law] (psychological parent; custody change interfere with telephone communication; reappearance of biological parent; stepparent support obligation)

Ruerup v. Ruerup (1/12/2018) sp-7216, 408 P3d 1203

[Family Law] (domestic violence custody presumption; modify or dissolve protective order)

Kiva O. v. State, Dept. of Health & Social Services, Office of Children's Services (1/5/2018) sp-7215, 408 P3d 1181

[Constitutional] (right to consent to medical treatment of child)

[Family Law] ((psychiatric drug for child in OCS custody)

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