Year In Review

Adamson v. Municipality of Anchorage

Posted on May 16th, 2015

[ADMINISTRATIVE LAW]  In Adamson v. Municipality of Anchorage,[1] the supreme court held that once the presumption of work-related causation is met, the Alaska Workers’ Compensation Board should not allow the municipality to rebut the presumption through expert testimony.[2] After working as a firefighter for the Municipality of Anchorage for over thirty years, John Adamson retired Continue Reading »

Blas v. State, Dep’t of Labor & Workforce Development

Posted on May 16th, 2015

[ADMINISTRATIVE LAW]  In Blas v. State, Dep’t of Labor & Workforce Development,[1] the supreme court held an agency can reasonably deny a claimant unemployment benefits when there is evidence of intent to defraud the agency’s benefit system.[2] Blas collected unemployment benefits for several years through the Department of Labor and Workforce Development (“the Division”).[3] In Continue Reading »

Ellingson v. Lloyd

Posted on May 16th, 2015

[ADMINISTRATIVE LAW]  In Ellingson v. Lloyd,[1] the supreme court held that amendment to regulations promulgated by the Alaska Board of Game were invalid because they effectively confiscated lawfully owned domestic animals.[2] Charles Dorman, a bison farmer on Kodiak Island, owned more than 200 bison that he kept on land he acquired in two grazing leases Continue Reading »

Garibay v. State, Dept. of Administration

Posted on May 16th, 2015

[ADMINISTRATIVE LAW]  In Garibay v. State, Dept. of Administration,[1] the supreme court held that when there is probable cause for arrest, an investigative stop is not shocking police misconduct sufficient for the exclusionary rule to apply to license revocation proceedings.[2] Here, a seemingly drunk man ran into and yelled at a woman in a grocery store, Continue Reading »

Grundberg v. Alaska State Commission for Human Rights

Posted on May 16th, 2015

[ADMINISTRATIVE LAW] In Grundberg v. Alaska State Commission for Human Rights[1], the supreme court held that, per statutory authority, the Alaska State Commission for Human Rights (“the Commission”) has the discretion to dismiss a complaint when the complainant files a second claim in court “based on the same facts,” even when one complaint alleges new facts Continue Reading »

Silver Bow Construction v. State

Posted on May 16th, 2015

[ADMINISTRATIVE LAW]  In Silver Bow Construction v. State,[1] the supreme court held that varying from length requirements of requests for proposals does not render the response non-responsive and accepting responses exceeding the page limit does not violate the equal protection rights of competing bidders.[2] The Department of Administration, Division of General Services accepted a response Continue Reading »

Pederson v. Artic Slope Regional Corporation

Posted on May 16th, 2015

[BUSINESS LAW]  In Pederson v. Artic Slope Regional Corp.,[1] the supreme court held that a corporation may request a confidentiality agreement before granting a shareholder’s document request when the agreement reasonably defines the scope of confidential information and contains provisions not unreasonably restrictive based on the shareholder’s purpose and the corporation’s confidentiality concerns.[2] Rodney Pederson, Continue Reading »

Asa’carsarmiut Tribal Council v. Wheeler

Posted on May 16th, 2015

[CIVIL PROCEDURE]  In Asa’carsarmiut Tribal Council v. Wheeler,[1] the supreme court held a tribal council lacks standing to appeal a custody modification order from which neither parent appeals.[2] Jeanette Myre, a member of the Asa’carsarmiut Tribe, had a son, J.W., with John Wheeler, who is not a member of the tribe.[3] In 2007, the Asa’carsarmiut Continue Reading »

Christensen v. Alaska Sales & Service, Inc.

Posted on May 16th, 2015

[CIVIL PROCEDURE]  In Christensen v. Alaska Sales & Service, Inc.,[1] the supreme court held that in order to defeat a motion for summary judgment, the non-moving party need only establish that a material issue of fact exists, but the non-moving party does not need to demonstrate that she will ultimately prevail in the matter.[2] Christensen Continue Reading »

Heber v. Heber

Posted on May 16th, 2015

[CIVIL PROCEDURE]  In Heber v. Heber,[1] the supreme court held that an inconsistency between an ex-spouse’s statement in a dissolution petition and an ex-spouse’s testimony at a custody hearing does not void a child custody modification judgment as based on fraud, misrepresentation, or misconduct.[2] Todd and Tamara Heber filed a petition to dissolve their marriage Continue Reading »

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Year In Review

Adamson v. Municipality of Anchorage

Posted on May 16th, 2015

[ADMINISTRATIVE LAW]  In Adamson v. Municipality of Anchorage,[1] the supreme court held that once the presumption of work-related causation is met, the Alaska Workers’ Compensation Board should not allow the municipality to rebut the presumption through expert testimony.[2] After working as a firefighter for the Municipality of Anchorage for over thirty years, John Adamson retired Continue Reading »

Blas v. State, Dep’t of Labor & Workforce Development

Posted on May 16th, 2015

[ADMINISTRATIVE LAW]  In Blas v. State, Dep’t of Labor & Workforce Development,[1] the supreme court held an agency can reasonably deny a claimant unemployment benefits when there is evidence of intent to defraud the agency’s benefit system.[2] Blas collected unemployment benefits for several years through the Department of Labor and Workforce Development (“the Division”).[3] In Continue Reading »

Ellingson v. Lloyd

Posted on May 16th, 2015

[ADMINISTRATIVE LAW]  In Ellingson v. Lloyd,[1] the supreme court held that amendment to regulations promulgated by the Alaska Board of Game were invalid because they effectively confiscated lawfully owned domestic animals.[2] Charles Dorman, a bison farmer on Kodiak Island, owned more than 200 bison that he kept on land he acquired in two grazing leases Continue Reading »

Garibay v. State, Dept. of Administration

Posted on May 16th, 2015

[ADMINISTRATIVE LAW]  In Garibay v. State, Dept. of Administration,[1] the supreme court held that when there is probable cause for arrest, an investigative stop is not shocking police misconduct sufficient for the exclusionary rule to apply to license revocation proceedings.[2] Here, a seemingly drunk man ran into and yelled at a woman in a grocery store, Continue Reading »

Grundberg v. Alaska State Commission for Human Rights

Posted on May 16th, 2015

[ADMINISTRATIVE LAW] In Grundberg v. Alaska State Commission for Human Rights[1], the supreme court held that, per statutory authority, the Alaska State Commission for Human Rights (“the Commission”) has the discretion to dismiss a complaint when the complainant files a second claim in court “based on the same facts,” even when one complaint alleges new facts Continue Reading »

Silver Bow Construction v. State

Posted on May 16th, 2015

[ADMINISTRATIVE LAW]  In Silver Bow Construction v. State,[1] the supreme court held that varying from length requirements of requests for proposals does not render the response non-responsive and accepting responses exceeding the page limit does not violate the equal protection rights of competing bidders.[2] The Department of Administration, Division of General Services accepted a response Continue Reading »

Pederson v. Artic Slope Regional Corporation

Posted on May 16th, 2015

[BUSINESS LAW]  In Pederson v. Artic Slope Regional Corp.,[1] the supreme court held that a corporation may request a confidentiality agreement before granting a shareholder’s document request when the agreement reasonably defines the scope of confidential information and contains provisions not unreasonably restrictive based on the shareholder’s purpose and the corporation’s confidentiality concerns.[2] Rodney Pederson, Continue Reading »

Asa’carsarmiut Tribal Council v. Wheeler

Posted on May 16th, 2015

[CIVIL PROCEDURE]  In Asa’carsarmiut Tribal Council v. Wheeler,[1] the supreme court held a tribal council lacks standing to appeal a custody modification order from which neither parent appeals.[2] Jeanette Myre, a member of the Asa’carsarmiut Tribe, had a son, J.W., with John Wheeler, who is not a member of the tribe.[3] In 2007, the Asa’carsarmiut Continue Reading »

Christensen v. Alaska Sales & Service, Inc.

Posted on May 16th, 2015

[CIVIL PROCEDURE]  In Christensen v. Alaska Sales & Service, Inc.,[1] the supreme court held that in order to defeat a motion for summary judgment, the non-moving party need only establish that a material issue of fact exists, but the non-moving party does not need to demonstrate that she will ultimately prevail in the matter.[2] Christensen Continue Reading »

Heber v. Heber

Posted on May 16th, 2015

[CIVIL PROCEDURE]  In Heber v. Heber,[1] the supreme court held that an inconsistency between an ex-spouse’s statement in a dissolution petition and an ex-spouse’s testimony at a custody hearing does not void a child custody modification judgment as based on fraud, misrepresentation, or misconduct.[2] Todd and Tamara Heber filed a petition to dissolve their marriage Continue Reading »

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