Year In Review

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] Husband and wife filed a petition to dissolve their marriage that Continue Reading »

In re Vernon H.

Posted on May 16th, 2015

[CIVIL PROCEDURE]  In In re Vernon H.,[1] the supreme court held that ordinary civil rule of fee shifting rules do not apply in guardianship proceedings.[2] This case arose after Vernon H., an elderly man born in 1928, was hospitalized for medical testing and treatment for cancer.[3] Concerned with the management of Vernon’s treatment and finances, and Continue Reading »

Kunuk v. State, Dep’t of Natural Resources

Posted on May 16th, 2015

[CIVIL PROCEDURE]  In Kunuk v. State, Dep’t of Natural Resources,[1] the supreme court held that it could not declare that the State has specific obligations to its inhabitants to reduce carbon dioxide emissions because such claims involve non-justiciable political questions.[2]  Plaintiffs in the case were six Alaskan children, including Kunuk, who filed suit against the State for Continue Reading »

Lane v. Ballot

Posted on May 16th, 2015

[CIVIL PROCEDURE]  In Lane v. Ballot,[1] the supreme court held that the doctrine of collateral estoppel bars a defendant from relitigating the facts which form the basis of a jury verdict of “guilty but mentally ill” in a criminal case.[2] Annie Ballot filed a civil suit against Lennie Lane that alleged Lane severely beat and Continue Reading »

McCormick v. Chippewa, Inc.

Posted on May 16th, 2015

[CIVIL PROCEDURE] In McCormick v. Chippewa, Inc.[1], the supreme court held that it is an abuse of a court’s discretion not to allow a party to conduct discovery before ruling on a summary judgment motion.[2]  McCormick was injured while employed by Chippewa, Inc. (“Chippewa”) and later filed suit against the company.[3] The parties settled, but were Continue Reading »

Moffitt v. Moffitt

Posted on May 16th, 2015

[CIVIL PROCEDURE]  In Moffitt v. Moffitt,[1] the supreme court held that the defense of laches, not a statute of limitations, applies to an equitable claim for relief from a contract.[2] In 1998, Leonard and Betty Moffitt signed a contract agreeing that (upon their deaths) the entirety of their family farm property would be sold to Continue Reading »

Nautilus Marine Enterprises, Inc. v. Exxon Mobil Corp.

Posted on May 16th, 2015

[CIVIL PROCEDURE]  In Nautilus Marine Enterprises, Inc. v. Exxon Mobil Corp.,[1] the supreme court held that an award of attorneys’ fees should be based on local rates absent extraordinary circumstances.[2]  In a declaratory judgment proceeding, the superior court interpreted a settlement agreement between Nautilus and Exxon related to the 1989 Exxon Valdez oil spill and decided that Continue Reading »

Osborne v. State, Dep’t of Corrections

Posted on May 16th, 2015

[CIVIL PROCEDURE]  In Osborne v. State, Dep’t of Corrections,[1] the supreme court held Department of Corrections (DOC) grievance decisions alleging violations of fundamental constitutional rights are not subject to review by the superior court.[2] Osborne filed a prisoner grievance with the DOC alleging that the DOC violated his constitutional rights by incorrectly calculating his sentence.[3] Continue Reading »

State v. Leighton

Posted on May 16th, 2015

[CIVIL PROCEDURE]  In State v. Leighton,[1] the court of appeals held that the Alaska Constitution does not require grand juries to be instructed that they have absolute discretion in refusing to return an indictment, where the State has produced the sufficient evidence to warrant an indictment.[2] Leighton was indicted on five counts of sexual abuse Continue Reading »

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Year In Review

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] Husband and wife filed a petition to dissolve their marriage that Continue Reading »

In re Vernon H.

Posted on May 16th, 2015

[CIVIL PROCEDURE]  In In re Vernon H.,[1] the supreme court held that ordinary civil rule of fee shifting rules do not apply in guardianship proceedings.[2] This case arose after Vernon H., an elderly man born in 1928, was hospitalized for medical testing and treatment for cancer.[3] Concerned with the management of Vernon’s treatment and finances, and Continue Reading »

Kunuk v. State, Dep’t of Natural Resources

Posted on May 16th, 2015

[CIVIL PROCEDURE]  In Kunuk v. State, Dep’t of Natural Resources,[1] the supreme court held that it could not declare that the State has specific obligations to its inhabitants to reduce carbon dioxide emissions because such claims involve non-justiciable political questions.[2]  Plaintiffs in the case were six Alaskan children, including Kunuk, who filed suit against the State for Continue Reading »

Lane v. Ballot

Posted on May 16th, 2015

[CIVIL PROCEDURE]  In Lane v. Ballot,[1] the supreme court held that the doctrine of collateral estoppel bars a defendant from relitigating the facts which form the basis of a jury verdict of “guilty but mentally ill” in a criminal case.[2] Annie Ballot filed a civil suit against Lennie Lane that alleged Lane severely beat and Continue Reading »

McCormick v. Chippewa, Inc.

Posted on May 16th, 2015

[CIVIL PROCEDURE] In McCormick v. Chippewa, Inc.[1], the supreme court held that it is an abuse of a court’s discretion not to allow a party to conduct discovery before ruling on a summary judgment motion.[2]  McCormick was injured while employed by Chippewa, Inc. (“Chippewa”) and later filed suit against the company.[3] The parties settled, but were Continue Reading »

Moffitt v. Moffitt

Posted on May 16th, 2015

[CIVIL PROCEDURE]  In Moffitt v. Moffitt,[1] the supreme court held that the defense of laches, not a statute of limitations, applies to an equitable claim for relief from a contract.[2] In 1998, Leonard and Betty Moffitt signed a contract agreeing that (upon their deaths) the entirety of their family farm property would be sold to Continue Reading »

Nautilus Marine Enterprises, Inc. v. Exxon Mobil Corp.

Posted on May 16th, 2015

[CIVIL PROCEDURE]  In Nautilus Marine Enterprises, Inc. v. Exxon Mobil Corp.,[1] the supreme court held that an award of attorneys’ fees should be based on local rates absent extraordinary circumstances.[2]  In a declaratory judgment proceeding, the superior court interpreted a settlement agreement between Nautilus and Exxon related to the 1989 Exxon Valdez oil spill and decided that Continue Reading »

Osborne v. State, Dep’t of Corrections

Posted on May 16th, 2015

[CIVIL PROCEDURE]  In Osborne v. State, Dep’t of Corrections,[1] the supreme court held Department of Corrections (DOC) grievance decisions alleging violations of fundamental constitutional rights are not subject to review by the superior court.[2] Osborne filed a prisoner grievance with the DOC alleging that the DOC violated his constitutional rights by incorrectly calculating his sentence.[3] Continue Reading »

State v. Leighton

Posted on May 16th, 2015

[CIVIL PROCEDURE]  In State v. Leighton,[1] the court of appeals held that the Alaska Constitution does not require grand juries to be instructed that they have absolute discretion in refusing to return an indictment, where the State has produced the sufficient evidence to warrant an indictment.[2] Leighton was indicted on five counts of sexual abuse Continue Reading »

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