Alaska Supreme Court Cases

[Workers' Compensation] (presumption of compensability, 3-step analysis; benefits awarded if work is substantial factor; expert opinion sufficient to overcome presumption)

Kinzel v. Discovery Drilling, Inc. (06/25/2004) sp-5820 93 P3d 427

[Contracts] (limits on wage loss, breach of employment K)

[Torts] ((retaliatory discharge, pretextual vs. mixed-motive; recovering contract wage loss in a tort claim; defamation vs. opinion; intentional interference with contract)

Fyffe v. Wright (06/25/2004) sp-5819 93 P3d 444

[Damages] (punitive damages don’t require IIED award)

[Procedure, Appellate] (defer to trial court on witness credibility; pro se briefs held to less stringent standard)

[Procedure, Civil] (waiver when no objection to admission of evidence)

[Torts] (punitive damages don’t require IIED award)

Peterson v. Ek (06/25/2004) sp-5818 93 P3d 458

[Contracts] (choice of law clause)

[Procedure, Appellate] (defer to trial court on witness credibility; pro se briefs, less demanding standard)

[Procedure, Civil] (judicial bias; discovery need not be admissible)

Cook Schuhmann & Groseclose, Inc. v. Brown & Root, Inc. (06/18/2004) sp-5817

[Procedure, Civil] (Rule 68, offers of judgment)

[Real Estate] (reluctant to set aside foreclosure sale)

State, DNR v. Greenpeace, Inc. (06/18/2004) sp-5816 96 P3d 1056

[Constitutional] (cure inadequate notice with reconsideration)

[Procedure, Civil] (mootness doctrine)

Doe v. State, Dept. of Public Safety (06/11/2004) sp-5815 92 P3d 413

[Criminal] (constitutionality of sex offender registration act)

Excursion Inlet Packing Co. v. Ugale (06/11/2004) sp-5814 92 P3d 413

[Workers' Compensation] (overcoming presumption requires substantial evidence; whether evidence is substantial is issue of law)

Casey v. Semco Energy, Inc. (06/11/2004) sp-5813 92 P3d 379

[Contracts] (limits on applying covenant of good faith; filling in the)

Glover v. Glover (06/11/2004) sp-5812 92 P3d 387

[Real Estate] (adverse possession by a tenant; hostility required)

Stanley B. v. State, DFYS (06/04/2004) sp-5811 93 P3d 403

[Family Law] (incarceration as grounds for CINA/termination)

Ledgends, Inc. v. Kerr (05/28/2004) sp-5810 91 P3d 960

[Torts] (limitations of pre-recreational exculpatory release)

Hallam v. Alaska Airlines, Inc. (05/21/2004) sp-5809 91 P3d 279

[Attorneys and Judges] (no trial judge recusal based on adverse rulings)

[Federal Issues] (fed. preempts state law on airlines routes, prices)

[Procedure, Appellate] (Rule 56(f), discretionary with trial judge)

[Procedure, Appellate] (deference to trial judge on witness credibility; weight of conflicting evidence)

Alaskans for Efficient Government, Inc. v. Knowles (05/14/2004) sp-5808 91 P3d 273

[Real Estate] (also use public policy when interpreting statutes)

Treacy v. Municipality of Anchorage (05/14/2004) sp-5807 91 P3d 252

[Constitutional] (municipal ordinance presumed constitutional)

[Municipal Corporations] (ordinances presumed constitutional)

[Procedure, Appellate] (granting trial de novo discretionary with judge)

Anderson v. Alaska Bar Association (05/14/2004) sp-5806 91 P3d 271

[Administrative Agencies] (appeal of Bar Counsel ruling)

Mechanical Contractors of Alaska, Inc. v. State (05/07/2004) sp-5805 91 P3d 240

[Administrative Agencies] (challenging regs on procedural grounds and on substantive grounds; three-part O’Callaghan analysis)

[Real Estate] (specific statute vs. general statute)

Harris v. Westfall (04/30/2004) sp-5804 90 P3d 167

[Federal Issues] (waiver of child support against public policy)

[Procedure, Civil] (timeliness of Rule 60(b) motion)

Cline v. Cline (04/30/2004) sp-5803 90 P3d 147

[Family Law] (dividing military retirement, but not disability)

[Procedure, Civil] (Rule 60(b)(4) not a substitute for timely appeal)

State v. Blank (04/30/2004) sp-5802 90 P3d 156

[Criminal] (breath test admitted even when no arrest is made)

[Statutory Construction] (avoid unconstitutionality with narrow construction)

Parker v. Tomera (04/23/2004) sp-5801 89 P3d 761

[Procedure, Civil] (appointing expert advisory panel is discretionary)

[Torts] (expert required in medical malpractice unless non-technical; informed consent)

Kozevnikoff v. Tanana Village Council (04/23/2004) sp-5800 89 P3d 757

[Procedure, Civil] (Rule 58; fees ordered after entry of judgment)

Bryson v. Banner Health System (04/23/2004) sp-5799 89 P3d 800

[Statutory Construction] (duty based on special relationship between health care provider and patient)

Adams v. Adams (04/23/2004) sp-5798 89 P3d 743

[Contracts] (change K terms during negotiations=const. fraud)

[Equity] (no specific performance when fraud involved)

[Torts] (constructive fraud)

Schmitz v. Schmitz (04/16/2004) sp-5797 88 P3d 1116

[Family Law] (statutory rules for deciding custody; parenting plans into the future; separate vs. marital property-transmutation vs. active appreciation)

Kinzel v. Discovery Drilling, Inc. (04/16/2004) sp-5796

[Contracts] (limits on wage loss, breach of employment K)

[Torts] (retaliatory discharge, pretextual Visual Studio. Mixed-motive; recovering contract wage loss in a tort claim; defamation vs opinion;intentional interference with contract)

Alaska Trademark Shellfish, LLC v. State (04/16/2004) sp-5795 91 P3d 953

[Administrative Agencies] (DF&G and Aquatic Farming Act)

[Equity] (estoppel against the state)

[Procedure, Appellate] (avoid deciding appeals on constitutional grounds when narrower grounds are available; uphold trial court on any theory supported by the record)

Evans v. McTaggart (04/09/2004) sp-5794 88 P3d 1078

[Family Law] (grandparent custody/visitation requires clear and convincing evidence)

Stanley B. v. State, DFYS (04/09/2004) sp-5793

[Attorneys and Judges] (right to counsel in termination proceedings; alleging ineffective assistance of counsel)

[Family Law] (incarceration as grounds for CINA/termination)

Fairbanks North Star Borough v. Dena' Nena' Henash (04/02/2004) sp-5792 88 P3d 124

[Municipal Corporations] (property tax exemption for charitable purposes)

Jackson v. American Equity Insurance Co. (04/02/2004) sp-5791 90 P3d 136

[Business, Commercial/Labor Law] (absent bad faith, insurer denying policy limits settlement offer not required to cover excess judgment)

[Procedure, Appellate] (denying instruction not error if no prejudice)

Matanuska Electric Assoc., Inc. v. Waterman (03/26/2004) sp-5790 87 P3d 820

[Business, Commercial/Labor Law] (board interpretation of bylaws not conclusive)

[Contracts] (contract rules control bylaw interpretation)

[Municipal Corporations] (board interpretation of bylaws not conclusive)

Gunter v. Kathy-O-Estates (03/19/2004) sp-5789 87 P3d 65

[Probate] (when dismissal of claim by guardian is valid)

[Procedure, Civil] (when dismissal of claim by guardian is valid)

[Workers' Compensation] (Board cannot adjudicate damage claims)

Brynna B. v. State, Dept. of Health & Social Services (03/19/2004) sp-5788 88 P3d 527

[Family Law] (disregard placement of child with blood relative)

Native Village of Eklutna v. Alaska Railroad Corp. (03/12/2004) sp-5787 88 P3d 527

[Municipal Corporations] (when state is immune from local zoning)

Larson v. Cooper (03/05/2004) sp-5786 90 P3d 125

[Administrative Agencies] (defer to prison officials re: prison regulations)

[Constitutional] (inmate exercise of religious freedom; rehabilitation)

Barry v. University of Alaska (02/27/2004) sp-5785 85 P3d 1022

[Contracts] (release cannot control future breach of K)

[Procedure, Civil] (no defense summary judgment when issue exists re: defendant’s affirmative defense.)

Ruckle v. Anchorage School District (02/27/2004) sp-5784 85 P3d 1030

[Procedure, Civil] (declaratory relief; two forms of standing; leave to amend freely granted)

State v. Blank (02/27/2004) sp-5783

[Criminal] (breath test admitted even when no arrest is made)

Beal v. Beal (02/27/2004) sp-5782 88 P3d 104

[Family Law] (interim support; payments to maintain marital property cost of selling marital home; children’s separate property; payment of marital debt; when trial court must consider request for credits)

Sourdough Development Services, Inc. v. Riley (02/20/2004) sp-5781 85 P3d 463

[Contracts] (settlement agreements; general Visual Studio. Specific language)

Hikita v. Nichiro Gyogyo Kaisha, Ltd. (02/20/2004) sp-5780 85 P3d 458

[Procedure, Civil] (Rule 37; dismissal as sanction)

Alaska Action Center, Inc. v. Municipality of Anchorage (02/06/2004) sp-5779 84 P3d 989

[Municipal Corporations] (cannot appropriate by initiative)

Norville v. Carr-Gottstein Foods Co. (02/06/2004) sp-5778 84 P3d 996

[Business, Commercial/Labor Law] (consent to sublease; commercially reasonable)

[Contracts] (when subjective intent relevant in interpreting K)

Zok v. Estate of Collins (02/06/2004) sp-5777 84 P3d 1005

[Constitutional] (due process requires opportunity to be heard)

[Probate] (closing estate without adjudicating claim)

[Torts] ("badges of fraud")

Runyon v. Association of Village Council Presidents (01/30/2004) sp-5776 84 P3d 437

[Constitutional] (tribal sovereign immunity)

[Procedure, Civil] (tribal sovereign immunity)

Alaska Native Tribal Health Consortium v. Settlement Funds Held For or to be Paid on Behalf of E.R. (01/30/2004) sp-5775 84 P3d 408

[Attorneys and Judges] (ANMC entitled to enforce lien against thrid party recovery but is liable for fees and costs)

[Federal Issues] (ANMC entitled to enforce lien against thrid party recovery but is liable for fees and costs)

Keturi v. Keturi (01/30/2004) sp-5774 84 P3d 1060

[Family Law] (Rule 90.3, averaging several past years when income is erratic; rules for transmuting sole property to marital estate)

James v. State (01/30/2004) sp-5773 83 P3d 1077

[Criminal] (new trial based on recantation of witness)

[Evidence] (use of prior inconsistent statements)

City of Kodiak v. Samaniego (01/23/2004) sp-5772 83 P3d 1077

[Constitutional] (4th Amendment; police right to detain witness)

[Criminal] (4th Amendment; police right to detain witness)

[Evidence] (rejecting evidence, probative v prejudicial; rejecting expert, no assist to jury)

[Procedure, Civil] (Rule 51; objection to instruction required)

Board of Trade, Inc. v. State, Dept. of Labor (01/23/2004) sp-5771 83 P3d 1072

[Administrative Agencies] (Little Davis Bacon Act)

[Procedure, Appellate] (Agency decisions; standard of review)

State v. Kenaitze Indian Tribe (01/16/2004) sp-5770 83 P3d 1060

[Administrative Agencies] (promulgating and challenging admin. Regs.)

Raad v. Alaska State Commission for Human Rights (01/09/2004) sp-5769 86 P3d 899

[Business, Commercial/Labor Law] (refuse employment; discrimination, retalliation)

Alaska Legislative Council v. Knowles (01/09/2004) sp-5768 86 P3d 891

[Constitutional] ("appropriations" as used in the Alaska Const; vote required to override governor's veto of legislation))

[Statutory Construction] ("appropriations" as used in the Alaska Const.)

Crittell v. Bingo (01/02/2004) sp-5767 83 P3d 532

[Attorneys and Judges] (fees in probate proceedings based on fraud)

[Business, Commercial/Labor Law] (fees in probate proceedings based on fraud)

Dykstra v. Municipality of Anchorage (01/02/2004) sp-5766 83 P3d 7

[Municipal Corporations] (storing cars on property zoned R-3)

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