Alaska Supreme Court Cases

[Procedure, Civil] (10-year statute of limitations, interest in real property; 3-year contract statute vs. 2-year tort statute; discovery rule and equitable estoppel accrual date; judge may find facts regarding statute of limitations)

[Torts] (legal malpractice; spoliation)

Schaub v. Schaub (8/2/2013) sp-6803

[Equity] (laches, burden of proof)

[Family Law] (property division “after judgment”)

[Procedure, Civil] (10-year statute of limitations, “cause not otherwise provided for”)

Tesoro Alaska Company v. Union Oil Company of California (7/26/2013) sp-6802

[Contracts] (use of “trade usage” to resolve K dispute)

Nautilus Marine Enterprises, Inc. v. Exxon Mobil Corporation (7/19/2013) sp-6801

[Contracts] (use of extrinsic evidence in K dispute)

[Evidence] (extrinsic evidence in contract dispute; parol evidence rule)

SOP, Inc. v. State, Dept. of Natural Resources, Division of Parks and Outdoor Recreation (7/19/2013) sp-6800

[Real Estate] (difference between easement and license)

Petrilla v. Petrilla (7/19/2013) sp-6799

[Family Law] (support by unemployed/underemployed parent)

Patrick v. Municipality of Anchorage, Anchorage Transportation Commission (7/19/2013) sp-6798

[Administrative Agencies] (defer to agency fact finder; due process at agency hearing)

[Constitutional] (due process at agency hearing)

Villars v. Villars (7/19/2013) sp-6797

[Family Law] (support required by an “immigration sponsor”)

[Federal Issues] (support required by an “immigration sponsor”)

[Procedure, Civil] (appointing an interpreter)

Blaufuss v. Ball (7/12/2013) sp-6796

[Constitutional] (due process: notice and right to be heard)

[Procedure, Civil] (Rule 60(b)(4) can’t be used as a late appeal)

Windel v. Mat-Su Title Insurance Agency, Inc. (7/12/2013) sp-6795

[Attorneys and Judges] (attorney fees under Rule 68)

[Business, Commercial/Labor Law] (doctrine of ratification)

[Equity] (unclean hands)

[Real Estate] (title insurance duty regarding easement)

McCarter v. McCarter (7/5/2013) sp-6794

[Family Law] (incorporating property agreement in final decree)

Rosenblum v. Perales (7/5/2013) sp-6793

[Family Law] (using the nine statutory custody factors; military deployment; findings required for child support; court must review parents’ child support agreement)

Patterson v. Infinity Insurance Co. (6/28/2013) sp-6792

[Procedure, Civil] (res judicata)

Grimmett v. University of Alaska (6/28/2013) sp-6791

[Business, Commercial/Labor Law] (nonretention cannot be used to terminate employee for based on performance)

Christopher C. v. State, Dept. of Health & Social Services, Office of Children's Services (6/28/2013) sp-6790

[Family Law] (parental rights termination)

Beals v. Beals (6/28/2013) sp-6789

[Family Law] (3 steps for equitably dividing marital property)

Native Village of Tununak v. State, Dept. of Health & Social Services, Office of Children's Services (6/21/2013) sp-6788

[Family Law] (clear and convincing evidence for ICWA adoption by non-Natives)

Martin v. Martin (6/14/2013) sp-6787

[Attorneys and Judges] (AS 25.20.115 allows fee for modifying decree)

[Family Law] (change of circumstances less when modifying visitation; fee for modifying decree)

Schultz v. Wells Fargo Bank, N.A. (6/7/2013) sp-6786

[Attorneys and Judges] (Rule 82 fees; prevailing party)

[Procedure, Civil] (Rule 82 fees; prevailing party)

Dearlove v. Campbell (5/31/2013) sp-6785

[Procedure, Civil] (attorney fees under Rule 68)

Calais Company, Inc. v. Kyzer Ivy (5/31/2013) sp-6784

[Contracts] (analyzing appraisal clause in settlement agreement; interpreting a term in a contract is issue of law)

Ronny M. v. Nanette H. (5/31/2013) sp-6783

[Family Law] (a child’s “home state” under UCCJEA; analyzing an out-of-state move; analyzing statutory custody factors under AS 25.24.150(c).)

Taylor v. Wells Fargo Home Mortgage (5/17/2013) sp-6782

[Attorneys and Judges] (computing Rule 68 fees)

[Contracts] (No liability of agent for breach of K)

[Procedure, Civil] (computing Rule 68 fees)

Bottcher v. State (5/10/2013) sp-6781

[Criminal] (lifetime revocation of driver’s license)

Municipality of Anchorage v. Adamson (5/3/2013) sp-6780

[Statutory Construction] (several rules of statutory construction)

[Workers' Compensation] (stay of future medical payments)

Dimeff v. Estate of Robert Merle Cowan (5/3/2013) sp-6779

[Contracts] (subjective understanding of K not probative)

[Probate] (superior court’s probate jurisdiction)

O'Neal v. Campbell (5/3/2013) sp-6778

[Family Law] (support-deduct for child of prior relationship)

DesJarlais v. State, Office of the Lieutenant Governor (5/3/2013) sp-6777

[Constitutional] (initiative and referendum process; banning abortions not constitutional)

McDonnell v. State Farm Mutual Automobile Insurance Company (4/26/2013) sp-6776

[Business, Commercial/Labor Law] (appraisal statute not applicable in personal injury claims; policy may fix shorter limitations periods)

[Statutory Construction] (several rules of statutory construction)

Bearden v. State Farm Fire & Casualty Company (4/26/2013) sp-6775

[Business, Commercial/Labor Law] (define “accident” in insurance policy)

[Criminal] (collateral estoppel in civil case following no- contest plea in criminal case)

Madonna v. Tamarack Air, Ltd. (4/12/2013) sp-6774

[Procedure, Appellate] (erroneous ruling, must show prejudice)

Titus v. State, Dept. of Administration, Division of Motor Vehicles (4/12/2013) sp-6773

[Administrative Agencies] (motor vehicle, financial responsibility law)

[Attorneys and Judges] (no fees awarded in constitutional case)

[Constitutional] (equal protection; due process)

[Evidence] (lost earnings, proof cannot be speculative)

Wagner v. Wagner (4/5/2013) sp-6772

[Procedure, Civil] (Rule 40(e), continuance by pro se litigant)

Dixon v. Blackwell (3/29/2013) sp-6771

[Damages] (adequacy of damages awarded by a jury)

[Procedure, Civil] (Rule 68 offers; judicial admission; adequacy of damages awarded by a jury)

Plumbers & Pipefitters, Local 367 v. Municipality of Anchorage (3/29/2013) sp-6770

[Business, Commercial/Labor Law] (public employees, binding arbitration and right to strike)

Sullivan v. Resisting Environmental Destruction on Indigenous Lands (3/29/2013) sp-6769

[Constitutional] (best interest finding, oil exploration lease)

Hussein-Scott v. Scott (3/29/2013) sp-6768

[Contracts] (resolve conflicting terms in K)

[Family Law] (settlement K - resolve conflicting terms)

McCarrey v. Kaylor (3/29/2013) sp-6767

[Real Estate] (acceptance of common law dedication)

Pruitt v. Providence Extended Care (3/29/2013) sp-6766

[Workers' Compensation] (request hearing within 2 years of controversion; board credibility findings are binding on appeal)

Mills v. Hankla (3/22/2013) sp-6765

[Attorneys and Judges] (joint and several fee award)

[Evidence] (spoliation)

[Municipal Corporations] (selection of employee-discretionary/immune)

[Torts] (wrongful termination, constructive discharge, hostile work environment, sexual harassment under AHRA)

Hertz v. Macomber (3/22/2013) sp-6764

[Criminal] (discretion to award furlough with /conditions)

[Statutory Construction] (“may” [discretionary] vs. “shall” [mandatory])

Sosa de Rosario v. Chenega Lodging (3/22/2013) sp-6763

[Workers' Compensation] (Board credibility findings are binding)

Swaney v. Granger (3/22/2013) sp-6762

[Family Law] (child support based on self-employment income; retroactive modification prohibited)

Brooks v. Hollaar (3/22/2013) sp-6761

[Contracts] (when an agent can sue on a K)

[Equity] (promissory estoppel; unclean hands; when an equitable claim may be tried by a jury as a claim at law)

Griffin v. Weber (3/22/2013) sp-6760

[Real Estate] (deed intended as security instrument)

Burke v. Maka (3/15/2013) sp-6759

[Equity] (laches as a defense)

State v. Doe (3/15/2013) sp-6758

[Procedure, Appellate] (Rile 106, 2-1 decisions not precedntial)

[Statutory Construction] (Ex Post Factor, substantive or procedural)

Weilbacher v. Ring (3/8/2013) sp-6757

[Procedure, Civil] (Rule 19, joinder of indispensable party)

Hill v. Giani (3/8/2013) sp-6756

[Constitutional] (due process interest in various types of licenses)

[Torts] (§1983 claim; immunity for DHSS and employees)

American Marine Corporation v. Sholin (3/8/2013) sp-6755, 295 P3d 924

[Procedure, Civil] (savings statute; limitations statutes not favored)

ARCTEC Services v. Cummings (3/8/2013) sp-6754, 295 P3d 916

[Workers' Compensation] (fraud cases; Board fact findings are binding)

In Re Reinstatement of Wiederholt (2/22/2013) sp-6753

[Attorneys and Judges] (reinstatement of disbarred lawyer)

Estate of Simone Young Kim v. Coxe (2/22/2013) sp-6752

[Constitutional] (10th Amend.; presume statute is constitutional)

[Procedure, Civil] (procedure re: summary judgment)

[Statutory Construction] (preamble to unambiguous act; presume statute is constitutional)

[Torts] (PLCAA may preclude claim against gun shop)

Williams v. Ketchikan Gateway Borough (2/15/2013) sp-6751

[Municipal Corporations] (exemption from property taxes)

[Real Estate] (deed of trust does not change owner of real estate; deed of trust same as a mortgage)

Greenway v. Heathcott (2/15/2013) sp-6750

[Attorneys and Judges] (allegations of judicial bias)

[Evidence] (affidavits are hearsay, not admissible)

[Procedure, Civil] (treatment of pro se litigants; denial of motion to continue trial)

Hurn v. Greenway (2/8/2013) sp-6749

[Procedure, Civil] (summary judgment on existence of duty of care)

[Torts] (no duty to control guests in your home)

Heynen v. Fairbanks (2/1/2013) sp-6748

[Procedure, Appellate] (objective standard when appealing insufficient evidence to support a verdict regarding negligence)

[Torts] (the issue of negligence is for the jury)

Leisnoi, Inc. v. Merdes & Merdes, P.C. (2/1/2013) sp-6747

[Contracts] (can’t enforce illegal contract)

[Procedure, Appellate] (pay judgment and still appeal)

[Procedure, Civil] (60(b)(4), void judgment; 60(b)(5)-(6), must file in a “reasonable time”)

Williams v. GEICO (1/25/2013) sp-6746

[Business, Commercial/Labor Law] (insurer’s duty to defend, offer policy limits; multiple insureds)

Ahtna, Inc. v. State, Dept. of Transportation & Public Facilities (1/18/2013) sp-6745

[Statutory Construction] (general rules of construction)

Licht v. Irwin (1/18/2013) sp-6744

[Procedure, Appellate] (death of party in appeal; who may substitute)

In Re Cummings (1/18/2013) sp-6743

[Attorneys and Judges] (dismissal of judge; ABA standards)

Thea G. v. State, Dept. of Health & Social Services, Office of Children's Services (1/9/2013) sp-6742

[Family Law] (ICWA parental rights termination)

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