Year In Review

Wiersum v. Harder

Posted on June 30th, 2014

[TORT LAW] In Wiersum v. Harder,[1] the supreme court held that landowners do not have a duty to their neighbors to prevent unreasonable risks of harm caused by third parties.[2] Harder brought a timber trespass action against his neighbors, the Wiersums, seeking damages after he discovered that the Wiersums had cut down trees on his Continue Reading »

Maness v. Daily

Posted on June 30th, 2014

[TORT LAW] In Maness v. Daily,[1] the supreme court held that qualified immunity protected state troopers from excessive force claims.[2] Maness had fled from state troopers, who pursued him until a police department officer shot him non-fatally.[3] Subsequently, Maness brought claims of excessive force against the troopers.[4] Finding the troopers were public servants protected by Continue Reading »

Lum v. Koles

Posted on June 30th, 2014

[TORT LAW] In Lum v. Koles,[1] the supreme court held that unlawful entry by a police officer does not make any subsequent use of force per se unreasonable.[2] After receiving a domestic disturbance emergency telephone call from a third party, police officers entered the Lum’s apartment without knocking or announcing their presence.[3]An altercation ensued and Continue Reading »

Kennedy v. Municipality of Anchorage

Posted on June 30th, 2014

[TORT LAW] In Kennedy v. Municipality of Anchorage,[1] the supreme court held that “garden-variety” mental anguish claims do not waive physician and psychotherapist privileges.[2] Two former police officers brought claims against the Municipality of Anchorage for racial discrimination, claiming damages for mental anguish.[3] The Municipality sought discovery concerning the nature of the officers’ mental anguish Continue Reading »

Kalenka v. Jadon, Inc.

Posted on June 30th, 2014

[TORT LAW] In Kalenka v. Jadon, Inc.,[1] the supreme court held that lack of direct evidence of a bar patron’s intoxication is not necessarily fatal at the summary judgment stage to a claim under the dram shop statute.[2] Morrell went drinking at a bar and fatally stabbed Kalenka in a fight later that night.[3] Kalenka’s Continue Reading »

Windel v. Mat-Su Title Insurance Agency, Inc.

Posted on June 30th, 2014

[PROPERTY LAW] In Windel v. Mat-Su Title Insurance Agency, Inc.,[1] the supreme court held that easements on property owned by tenants by the entirety but missing a co-grantor’s signature can nonetheless be valid.[2] Windel purchased a parcel of land from the Davises, tenants by the entirety who jointly had recorded a fifty-foot-wide easement for a Continue Reading »

Stanhope v. Stanhope

Posted on June 30th, 2014

[PROPERTY LAW] In Stanhope v. Stanhope,[1] the supreme court held that in an equitable division of marital assets proceeding, it is reasonable to award a contested marital residence to the party with the ability to afford for the property’s upkeep and mortgage.[2] In 2010, Kenneth divorced his wife, Maryna.[3] At the time of the divorce, Continue Reading »

Schweitzer v. Salamatof Air Park Subdivision Owners, Inc.

Posted on June 30th, 2014

[PROPERTY LAW] In Schweitzer v. Salamatof Air Park Subdivision Owners, Inc.,[1] the supreme court held that the determination of aircraft ownership is not preempted by the Federal Aviation Administration’s (“FAA”) authority.[2] In 2010, Schweitzer filed a claim of exemption to prevent the seizure of an incomplete airplane in his possession as satisfaction of Salamatof Air Continue Reading »

McCarrey v. Kaylor

Posted on June 30th, 2014

[PROPERTY LAW] In McCarrey v. Kaylor,[1] the supreme court held that the Federal Land Policy and Management Act (“FLPMA”) does not terminate classifications created by the Small Tract Act.[2] The Kaylors owned a property directly adjacent to a property owned by the McCarreys.[3] The McCarreys’ property lot had its origins in the Small Tract Act, Continue Reading »

Griffin v. Weber

Posted on June 30th, 2014

[PROPERTY LAW] In Griffin v. Weber,[1] the supreme court held that the burden of proof to reform a quitclaim deed into a security agreement is met when both parties to the transaction testify that they understood the deed’s purpose was to provide security for the transaction.[2] In 2009, Weber agreed to cosign a refinanced mortgage Continue Reading »

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Year In Review

Wiersum v. Harder

Posted on June 30th, 2014

[TORT LAW] In Wiersum v. Harder,[1] the supreme court held that landowners do not have a duty to their neighbors to prevent unreasonable risks of harm caused by third parties.[2] Harder brought a timber trespass action against his neighbors, the Wiersums, seeking damages after he discovered that the Wiersums had cut down trees on his Continue Reading »

Maness v. Daily

Posted on June 30th, 2014

[TORT LAW] In Maness v. Daily,[1] the supreme court held that qualified immunity protected state troopers from excessive force claims.[2] Maness had fled from state troopers, who pursued him until a police department officer shot him non-fatally.[3] Subsequently, Maness brought claims of excessive force against the troopers.[4] Finding the troopers were public servants protected by Continue Reading »

Lum v. Koles

Posted on June 30th, 2014

[TORT LAW] In Lum v. Koles,[1] the supreme court held that unlawful entry by a police officer does not make any subsequent use of force per se unreasonable.[2] After receiving a domestic disturbance emergency telephone call from a third party, police officers entered the Lum’s apartment without knocking or announcing their presence.[3]An altercation ensued and Continue Reading »

Kennedy v. Municipality of Anchorage

Posted on June 30th, 2014

[TORT LAW] In Kennedy v. Municipality of Anchorage,[1] the supreme court held that “garden-variety” mental anguish claims do not waive physician and psychotherapist privileges.[2] Two former police officers brought claims against the Municipality of Anchorage for racial discrimination, claiming damages for mental anguish.[3] The Municipality sought discovery concerning the nature of the officers’ mental anguish Continue Reading »

Kalenka v. Jadon, Inc.

Posted on June 30th, 2014

[TORT LAW] In Kalenka v. Jadon, Inc.,[1] the supreme court held that lack of direct evidence of a bar patron’s intoxication is not necessarily fatal at the summary judgment stage to a claim under the dram shop statute.[2] Morrell went drinking at a bar and fatally stabbed Kalenka in a fight later that night.[3] Kalenka’s Continue Reading »

Windel v. Mat-Su Title Insurance Agency, Inc.

Posted on June 30th, 2014

[PROPERTY LAW] In Windel v. Mat-Su Title Insurance Agency, Inc.,[1] the supreme court held that easements on property owned by tenants by the entirety but missing a co-grantor’s signature can nonetheless be valid.[2] Windel purchased a parcel of land from the Davises, tenants by the entirety who jointly had recorded a fifty-foot-wide easement for a Continue Reading »

Stanhope v. Stanhope

Posted on June 30th, 2014

[PROPERTY LAW] In Stanhope v. Stanhope,[1] the supreme court held that in an equitable division of marital assets proceeding, it is reasonable to award a contested marital residence to the party with the ability to afford for the property’s upkeep and mortgage.[2] In 2010, Kenneth divorced his wife, Maryna.[3] At the time of the divorce, Continue Reading »

Schweitzer v. Salamatof Air Park Subdivision Owners, Inc.

Posted on June 30th, 2014

[PROPERTY LAW] In Schweitzer v. Salamatof Air Park Subdivision Owners, Inc.,[1] the supreme court held that the determination of aircraft ownership is not preempted by the Federal Aviation Administration’s (“FAA”) authority.[2] In 2010, Schweitzer filed a claim of exemption to prevent the seizure of an incomplete airplane in his possession as satisfaction of Salamatof Air Continue Reading »

McCarrey v. Kaylor

Posted on June 30th, 2014

[PROPERTY LAW] In McCarrey v. Kaylor,[1] the supreme court held that the Federal Land Policy and Management Act (“FLPMA”) does not terminate classifications created by the Small Tract Act.[2] The Kaylors owned a property directly adjacent to a property owned by the McCarreys.[3] The McCarreys’ property lot had its origins in the Small Tract Act, Continue Reading »

Griffin v. Weber

Posted on June 30th, 2014

[PROPERTY LAW] In Griffin v. Weber,[1] the supreme court held that the burden of proof to reform a quitclaim deed into a security agreement is met when both parties to the transaction testify that they understood the deed’s purpose was to provide security for the transaction.[2] In 2009, Weber agreed to cosign a refinanced mortgage Continue Reading »

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