Year In Review

Attorneys Liability Protection Society, Inc. v. Ingaldson Fitzgerald, P.C.

Posted on January 20th, 2017

[INSURANCE LAW] In Attorneys Liability Protection Society, Inc. v. Ingaldson Fitzgerald, P.C.,[1] the supreme court held Alaska law prohibits insurance policies that reimburse insurers for attorneys fees and costs of defense claims they are obligated to defend, even when the insured accepts the insurer’s explicit reservation of rights, and the claim is later determined to Continue Reading »

State v. Fyfe

Posted on January 20th, 2017

[CRIMINAL LAW] In State v. Fyfe,[1] the supreme court held that, while criminal traffic offenses are subject to the doubling of fines or maximum fines if the offense occurs in a traffic safety corridor or highway work zone, such doubling does not apply to the minimum fine for an offense.[2] Fyfe was convicted of felony Continue Reading »

Beeson v. City of Palmer

Posted on January 20th, 2017

[PROPERTY LAW] In Beeson v. City of Palmer,[1] the supreme court held that, in order for an inverse condemnation claim to be successful, governmental action must be a proximate cause of the alleged property damage.[2] Beeson lived on a plot of land in Palmer bounded by a road owned by the city.[3] Beeson’s property would Continue Reading »

Richards v. University of Alaska

Posted on January 20th, 2017

[CONSTITUTIONAL LAW] In Richards v. University of Alaska,[1] the supreme court held that a university’s dismissal procedures do not violate due process when the university gives the student prior notice and conducts a careful and deliberate review process.[2] Richards, a Ph.D. student at the University of Alaska Fairbanks (UAF), plagiarized a course paper and was Continue Reading »

Moira M. v. State

Posted on January 20th, 2017

[FAMILY LAW] In Moira M. v. State,[1] the supreme court affirmed the termination of parental rights where the superior court did not abuse discretion in denying a motion for a placement review hearing and could have found that reasonable efforts were made by the Office of Children’s Services (OCS) to facilitate reunification.[2] OCS took custody Continue Reading »

Mitchell v. Mitchell

Posted on January 20th, 2017

[FAMILY LAW] In Mitchell v. Mitchell,[1] the supreme court held that actual income can be used to calculate child support for the following year and, in certain circumstances, an imputed income claim may be considered even if it was not properly raised in a cross-appeal.[2] Michael and Johanna Mitchell married in 1996, had two children Continue Reading »

Trevor M. v. State, Department of Health & Social Services

Posted on January 20th, 2017

[FAMILY LAW] In Trevor M. v. State, Department of Health and Social Services,[1] the supreme court held that parents that have “abandoned” their children by failing to regularly visit them for more than six months may have had a reasonable opportunity to remedy the abandonment within that same six-month period.[2] A father visited his daughter Continue Reading »

Wassillie v. State

Posted on November 11th, 2016

[CRIMINAL PROCEDURE] In Wassillie v. State,[1] the court of appeals held that a halfway house’s incident report detailing an inmate’s escape was admissible as evidence under the business records exception to the hearsay rule.[2] Wassillie was serving a sentence at a halfway house when he left the premises without authorization.[3] When the police located him, Continue Reading »

O’Dell v. State

Posted on November 11th, 2016

[CRIMINAL PROCEDURE] In O’Dell v. State,[1] the court of appeals held that ALASKA R. CRIM. P. 53 could be used to relax a any deadline specified in another rule of criminal procedure as long as the opposing party is unable to show sufficient prejudice from the untimely act.[2] ALASKA R. CRIM. P. 53 grants broad Continue Reading »

State v. Spencer

Posted on November 11th, 2016

[CRIMINAL PROCEDURE] In State v. Spencer,[1] the court of appeals held that whether or not a trooper was polite when asking a motorist to perform field sobriety tests does not affect the validity of the tests.[2] Spencer was pulled over while driving his four-wheeler in Nenana after the trooper saw signs that Spencer was intoxicated.[3] Continue Reading »

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Year In Review

Attorneys Liability Protection Society, Inc. v. Ingaldson Fitzgerald, P.C.

Posted on January 20th, 2017

[INSURANCE LAW] In Attorneys Liability Protection Society, Inc. v. Ingaldson Fitzgerald, P.C.,[1] the supreme court held Alaska law prohibits insurance policies that reimburse insurers for attorneys fees and costs of defense claims they are obligated to defend, even when the insured accepts the insurer’s explicit reservation of rights, and the claim is later determined to Continue Reading »

State v. Fyfe

Posted on January 20th, 2017

[CRIMINAL LAW] In State v. Fyfe,[1] the supreme court held that, while criminal traffic offenses are subject to the doubling of fines or maximum fines if the offense occurs in a traffic safety corridor or highway work zone, such doubling does not apply to the minimum fine for an offense.[2] Fyfe was convicted of felony Continue Reading »

Beeson v. City of Palmer

Posted on January 20th, 2017

[PROPERTY LAW] In Beeson v. City of Palmer,[1] the supreme court held that, in order for an inverse condemnation claim to be successful, governmental action must be a proximate cause of the alleged property damage.[2] Beeson lived on a plot of land in Palmer bounded by a road owned by the city.[3] Beeson’s property would Continue Reading »

Richards v. University of Alaska

Posted on January 20th, 2017

[CONSTITUTIONAL LAW] In Richards v. University of Alaska,[1] the supreme court held that a university’s dismissal procedures do not violate due process when the university gives the student prior notice and conducts a careful and deliberate review process.[2] Richards, a Ph.D. student at the University of Alaska Fairbanks (UAF), plagiarized a course paper and was Continue Reading »

Moira M. v. State

Posted on January 20th, 2017

[FAMILY LAW] In Moira M. v. State,[1] the supreme court affirmed the termination of parental rights where the superior court did not abuse discretion in denying a motion for a placement review hearing and could have found that reasonable efforts were made by the Office of Children’s Services (OCS) to facilitate reunification.[2] OCS took custody Continue Reading »

Mitchell v. Mitchell

Posted on January 20th, 2017

[FAMILY LAW] In Mitchell v. Mitchell,[1] the supreme court held that actual income can be used to calculate child support for the following year and, in certain circumstances, an imputed income claim may be considered even if it was not properly raised in a cross-appeal.[2] Michael and Johanna Mitchell married in 1996, had two children Continue Reading »

Trevor M. v. State, Department of Health & Social Services

Posted on January 20th, 2017

[FAMILY LAW] In Trevor M. v. State, Department of Health and Social Services,[1] the supreme court held that parents that have “abandoned” their children by failing to regularly visit them for more than six months may have had a reasonable opportunity to remedy the abandonment within that same six-month period.[2] A father visited his daughter Continue Reading »

Wassillie v. State

Posted on November 11th, 2016

[CRIMINAL PROCEDURE] In Wassillie v. State,[1] the court of appeals held that a halfway house’s incident report detailing an inmate’s escape was admissible as evidence under the business records exception to the hearsay rule.[2] Wassillie was serving a sentence at a halfway house when he left the premises without authorization.[3] When the police located him, Continue Reading »

O’Dell v. State

Posted on November 11th, 2016

[CRIMINAL PROCEDURE] In O’Dell v. State,[1] the court of appeals held that ALASKA R. CRIM. P. 53 could be used to relax a any deadline specified in another rule of criminal procedure as long as the opposing party is unable to show sufficient prejudice from the untimely act.[2] ALASKA R. CRIM. P. 53 grants broad Continue Reading »

State v. Spencer

Posted on November 11th, 2016

[CRIMINAL PROCEDURE] In State v. Spencer,[1] the court of appeals held that whether or not a trooper was polite when asking a motorist to perform field sobriety tests does not affect the validity of the tests.[2] Spencer was pulled over while driving his four-wheeler in Nenana after the trooper saw signs that Spencer was intoxicated.[3] Continue Reading »

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