Alaska Supreme Court Opinions
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Recent Alaska Supreme Court Opinions
(From 1/1/2014)

Lane v. Ballot (7/25/2014) sp-6929
[Criminal] (guilty but mentally ill)
[Procedure, Civil] (attorney stipulation, admission in pleading, are conclusively established)
[Torts] (criminal conviction, collateral estoppel)
Silver Bow Construction v. State, Dept. of Administration, Division of General Services (7/25/2014) sp-6928
[Administrative Agencies] (nonresponsive proposal to state RFP)
[Constitutional] (rudiments of equal protection)
[Statutory Construction] (“may” indicates discretion)
Harris v. Millennium Hotel (7/25/2014) sp-6927
[Constitutional] (death benefits for same-sex partner)
[Workers' Compensation] (death benefits for same-sex partner)
Simmonds v. Parks (7/18/2014) sp-6926
[Constitutional] (full faith and credit under ICWA)
[Family Law] (tribal court jurisdiction to terminate parental rights under ICWA)
[Procedure, Appellate] (exhaust remedies below before appeal)
Grace L. v. State, Dept. of Health & Social Services, Office of Children's Services (7/18/2014) sp-6925
[Family Law] (ICWA termination of parental rights; post-termination visitation)
Schlumberger Technology Corp. & Subsidiaries v. State, Dept. of Revenue (7/18/2014) sp-6924
[Statutory Construction] (general maxims of construction)
Lake & Peninsula Borough Assembly v. Oberlatz (7/11/2014) sp-6923
[Attorneys and Judges] (fees based on constitutional claims)
[Constitutional] (residency as related to voting rights)
[Municipal Corporations] (residency as related to voting rights)
[Procedure, Appellate] (defer to trial court: credibility, weigh evidence)
Kristina B. v. Edward B. (7/3/2014) sp-6922
[Family Law] (defer to trial court, custody and credibility; support order under 90.3 presumed valid; custodial parent move out-of- state)
Girdwood Mining Company v. Comsult LLC (7/3/2014) sp-6921
[Business, Commercial/Labor Law] (securities law, illegal contract)
Johnson v. State (6/27/2014) sp-6920
[Constitutional] (double jeopardy)
[Criminal] (may raise double jeopardy at any time)
[Procedure, Appellate] (fundamental error not raised below)
State, Dept. of Health & Social Services v. Mullins (6/27/2014) sp-6919
[Torts] (allocation of fault; discretionary immunity)
Frackman v. Enzor (6/20/2014) sp-6918
[Family Law] (changegt circumstances; supervised visits)
Tweedy v. Matanuska-Susitna Borough Board of Adjustment and Appeals (6/20/2014) sp-6917
[Constitutional] (substantive due process; zoning)
[Real Estate] (zoning-nonconforming use)
[Statutory Construction] (when statute is clear, ignore its title)
Brown v. City of Kenai, Personnel Board (6/20/2014) sp-6916
[Administrative Agencies] (uphold ambiguous agency orders)
[Business, Commercial/Labor Law] (affirm employee termination on appeal; good faith- fair dealing in employment K)
[Constitutional] (due process; right to continued employment)
[Contracts] (good faith-fair dealing in employment K)
[Procedure, Appellate] (admin appeal; record must reflect basis for decision; uphold employee termination if substantial evidence)
Pouzanova v. Morton (6/20/2014) sp-6915
[Damages] (when punitive damages not allowed)
[Evidence] (Rule 403, probative vs. prejudicial)
[Procedure, Civil] (rehabilitate challenged juror; join third-party defendant to allocate fault)
[Torts] (join third-party defendant to allocate fault)
Louie v. BP Exploration (Alaska), Inc. (6/13/2014) sp-6914
[Workers' Compensation] (spendable weekly wage controlled by § 175 cap.)
Brandner v. Municipality of Anchorage (6/13/2014) sp-6913
[Procedure, Appellate] (standard of review for admin appeals)
Yelena R. v. George R. (5/23/2014) sp-6912
[Family Law] (UCCJEA; supervised visitation)
In Re Necessity for the Hospitalization of Mark V. (5/16/2014) sp-6911
[Procedure, Appellate] (mootness doctrine, collateral consequences)
Conley v. Alaska Communications System Holdings, Inc. (5/9/2014) sp-6910
[Evidence] (E.R. 105, 403, 404; proof of prior acts)
[Torts] (res ipsa loquitur)
Achman v. State (5/9/2014) sp-6909
[Attorneys and Judges] (fee award is “presumptively correct”)
[Procedure, Civil] (summary judgment, inaccurate affidavit)
[Torts] (jailers duty to inmates)
Davis Wright Tremaine LLP v. State, Dept. of Administration (5/9/2014) sp-6908
[Administrative Agencies] (late-filed RFP)
Pralle v. Milwicz (5/9/2014) sp-6907
BP Pipelines (Alaska) Inc. v. State, Dept. of Revenue (5/9/2014) sp-6906
Patterson v. Cox (5/9/2014) sp-6905
[Procedure, Civil] (recusal of a judge; ignoring a subpoena)
Lockwood v. Geico General Insurance Company (5/2/2014) sp-6904
[Procedure, Civil] (rules re: summary judgment and discovery)
[Torts] (bad faith by insurance company)
State v. Public Safety Employees Association (5/2/2014) sp-6903
[Administrative Agencies] (arbitration awards, public policy exception)
[Procedure, Appellate] (arbitration awards, public policy exception)
AAA Valley Gravel, Inc. v. Totaro (4/25/2014) sp-6902
[Procedure, Appellate] (defer to trial court: credibility, weigh evidence)
Boulds v. Nielsen (4/25/2014) sp-6901
[Family Law] (dividing property in a domestic partnership)
[Federal Issues] (federal preemption of state law)
Alsworth v. Seybert (4/25/2014) sp-6900
[Constitutional] (injunction as prior restraint on speech)
[Procedure, Civil] (standards for a preliminary injunction)
Hendricks-Pearce v. State, Dept. of Corrections (4/25/2014) sp-6899
State v. Schmidt (4/25/2014) sp-6898
[Constitutional] (marriage amendment/equal protection)
[Real Estate] (same-sex couple real estate tax exemption)
Charles v. State (4/25/2014) sp-6897
[Constitutional] (applying new constitutional ruling on ex post facto clause while case is on appeal)
[Procedure, Appellate] (definition of “plain error”)
Mattox v. State, Dept. of Corrections (4/18/2014) sp-6896
[Procedure, Civil] (rules regarding summary judgment)
[Torts] (duty owed to inmates; summary judgment not favored on issues of duty)
Kollander v. Kollander (4/18/2014) sp-6895
[Equity] (laches as a defense)
Purcella v. Olive Kathryn Purcella Trust (4/18/2014) sp-6894
[Probate] (reform/terminate irrevocable trust; undue influence)
[Procedure, Appellate] (conflicting facts, defer to trial court)
Emma D. v. State, Dept. of Health & Social Services, Office of Children's Services (4/11/2014) sp-6893
[Family Law] (termination of parental rights)
Steward v. State (4/11/2014) sp-6892
[Procedure, Civil] (discretionary function immunity)
Regner v. North Star Volunteer Fire Dept., Inc. (4/11/2014) sp-6891
[Municipal Corporations] (discretionary function immunity-firefighting)
[Torts] (discretionary function immunity-firefighting)
Healy Lake Village v. Mt. McKinley Bank (4/11/2014) sp-6890
[Federal Issues] (jurisdiction; competing tribal election issues)
[Procedure, Civil] (jurisdiction; competing tribal election issues)
Sandberg v. Sandberg (4/11/2014) sp-6889
[Family Law] (Rule 60(b); set aside settlement agreement)
Hawkins v. Attatayuk (4/11/2014) sp-6888
[Attorneys and Judges] (cost and fee order even without jurisdiction)
[Procedure, Civil] (subject matter jurisdiction; pro se pleadings)
Rude v. Cook Inlet Region, Inc. (4/11/2014) sp-6887
[Attorneys and Judges] (Rule 68 offers must be in good faith)
[Business, Commercial/Labor Law] (cumulative voting of shareholder proxies)
[Procedure, Appellate] (mootness doctrine, exceptions)
[Procedure, Civil] (Rule 68 offers must be in good faith)
In Re Necessity for the Hospitalization of Gabriel C. (4/4/2014) sp-6886
[Constitutional] (due process violation must show prejudice)
[Procedure, Appellate] (mootness doctrine; exceptions)
Espeland v. OneWest Bank, FSB (3/28/2014) sp-6885
[Procedure, Civil] (Rule 60(b)(3), fraud; Rule 56, need affidavits to avoid summary judgment)
Zamarello v. Reges (3/28/2014) sp-6884
[Contracts] (ambiguous contract, integration clause)
Municipality of Anchorage v. Holleman (3/28/2014) sp-6883
[Constitutional] (voter referendum)
[Municipal Corporations] (voter referendum)
Shumway v. Betty Black Living Trust (3/28/2014) sp-6882
[Evidence] (Alaska resident, incarcerated elsewhere)
[Statutory Construction] (Alaska resident, incarcerated elsewhere)
Rowan B. v. State, Dept. of Health & Social Services, Office of Children's Services (3/21/2014) sp-6881
[Family Law] (discovery in CINA cases; “substantial risk of sexual abuse”)
Maness v. Gordon (3/21/2014) sp-6880
[Constitutional] (due process, important vs. fundamental right)
[Torts] (statute of limitations, discovery rule, repressed memory syndrome)
Alaska Community Action on Toxics v. Hartig (3/21/2014) sp-6879
[Administrative Agencies] (pay for copyvg of agency records)
[Procedure, Appellate] (mootness doctrine)
Dennis v. State, Dept. of Administration, Division of Motor Vehicles (3/21/2014) sp-6878
[Criminal] (calibration tests for breath test instruments)
Molly O. v. State, Dept. of Health & Social Services, Office of Children's Services (3/14/2014) sp-6877
[Family Law] (“Indian custodian” under ICWA)
Harris v. M-K Rivers (3/14/2014) sp-6876
[Workers' Compensation] (penalty for bad faith controversion)
Limeres v. Limeres (3/14/2014) sp-6875
[Family Law] (defer to trial judge on custody; income averaging for support order; supervised visitation, valuing marital property)
ConocoPhillips Alaska, Inc. v. Williams Alaska Petroleum, Inc. (3/14/2014) sp-6874
[Attorneys and Judges] (late-filed motions for fees and costs)
[Contracts] (no mirror image rule under the UCC)
Szabo v. Municipality of Anchorage (3/7/2014) sp-6873
[Procedure, Civil] (Guidelines for Rule 60(b)(1),(4),(5), and (6))
James R. v. Kylie R. (3/7/2014) sp-6872
[Family Law] (defer to superior court in custody matters; decision when both parents are equal; use of statutory guidelines)
Conitz v. Alaska State Commission for Human Rights (3/7/2014) sp-6871
[Procedure, Appellate] (time to appeal after reconsideration motion)
[Procedure, Civil] (res judicata; mootness)
Simone H. v. State, Dept. of Health & Social Services, Office of Children's Services (3/7/2014) sp-6870
[Evidence] (Rule 504, psychotherapist privilege)
Stephanie W. v. Maxwell V. (2/28/2014) sp-6869
[Family Law] (general rules re: defer to trial court in custody decisions; good-faith allegations re: parental misconduct)
Christianson v. Conrad-Houston Insurance (2/21/2014) sp-6868, 318 P3d 390
[Contracts] (K limitations statute; discovery rule, malpractice)
[Procedure, Civil] (K limitations statute; discovery rule, malpractice)
[Torts] (K limitations statute; discovery rule, malpractice)
McAlpine v. Priddle (2/21/2014) sp-6866
[Attorneys and Judges] (fee arbitration issues not reviewable)
BP Pipelines (Alaska) Inc. v. State, Dept. of Revenue (2/19/2014) sp-6867
[Administrative Agencies] (assess property tax, Alaska Pipeline)
[Municipal Corporations] (assess property tax, Alaska Pipeline)
Denali Citizens Council v. State, Dept. of Natural Resources (2/14/2014) sp-6865, 318 P3d 380
[Administrative Agencies] (appeal involving agency expertise)
[Procedure, Appellate] (appeal involving agency expertise)
Sagers v. Sackinger (2/14/2014) sp-6864, 318 P3d 860
[Family Law] (custody issue, trial court discretion)
[Procedure, Civil] (continuance, trial court has discretion; can’t disqualify judge based on adverse rulings)
Coppe v. Bleicher (2/14/2014) sp-6863, 318 P3d 369
[Procedure, Appellate] (pro se waiver of issue not briefed or raised below)
[Workers' Compensation] (conflicting medical testimony, defer to Board; pro se waiver of issue not briefed or raised below)
In Re Necessity for the Hospitalization of Daniel G. (2/7/2014) sp-6862
[Administrative Agencies] (ex parte psychiatric evaluation order)
[Procedure, Civil] (Mootness doctrine, 2 exceptions)
Welton v. State, Dept. of Corrections (1/3/2014) sp-6861, 315 P3d 1196
[Procedure, Appellate] (No appeal from a DOC administrative decision, 3 exceptions)

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Last Modified 7/27/2014