Year In Review

Pitka v. Alaska

Posted on March 6th, 2017

[CRIMINAL LAW] In Pitka v. Alaska,[1] the court of appeals reaffirmed that police cannot search closed containers in a vehicle, such as an ashtray, during an arrest without exigent circumstances, unless the container is immediately associated with the person.[2] In January 2011, police officers in Fairbanks stopped a vehicle driven by Pitka after observing a Continue Reading »

Lingley v. Alaska Airlines, Inc.

Posted on March 6th, 2017

[EMPLOYMENT LAW] In Lingley v. Alaska Airlines, Inc. the supreme court held that the Railway Labor Act (“RLA”) does not expressly waive an employee’s right to litigate therefore not requiring employees under its collective bargaining agreement to first exhaust contractual remedies.[1] Plaintiff was an employee for defendant who was terminated for allegedly stealing a left-behind Continue Reading »

Timothy G. v. State, Dept. of Health & Social Services

Posted on March 6th, 2017

[CIVIL PROCEDURE] In Timothy G. v. State, Dept. of Health & Social Services,[1] the supreme court held that a plaintiff must prove a disability by a preponderance of evidence in order to have a statute of limitations tolled.[2] A stepson filed suit against the Office of Children’s Services (OCS) in order to recover for the Continue Reading »

Sweeney v. Organ

Posted on January 23rd, 2017

[FAMILY LAW] In Sweeney v. Organ,[1] the supreme court held that a court has not abused its discretion in making a custody decision when it primarily focuses on the best interests of the child, even when its decision does not explicitly outline all the relevant factors and also appears to contravene a parent’s abrasive conduct.[2] Continue Reading »

Vandenberg v. State, Department of Health & Social Services

Posted on January 23rd, 2017

[ADMINISTRATIVE LAW] In Vandenberg v. State, Department of Health & Social Services,[1] the supreme court held that administrators erred in applying only one job description to a reemployment benefit claim where the applicant’s actual job was more physically strenuous than that job’s description provided.[2] After sustaining a work-related injury, Vandenberg applied for reemployment benefits.[3] In Continue Reading »

State v. Central Council of Tlingit

Posted on January 21st, 2017

[FAMILY LAW] In State v. Central Council of Tlingit,[1] the supreme court held that tribal courts have inherent, non-territorial subject matter jurisdiction to adjudicate the child support obligations of parents of children who are tribal members or are eligible for membership.[2] The Uniform Interstate Family Support Act allows parents to register child support orders—for enforcement Continue Reading »

Pursche v. Matanuska-Susina Borough

Posted on January 21st, 2017

[PROPERTY LAW] In Pursche v. Matanuska-Susitna Borough,[1] the supreme court held that land with a federal patent in its chain of title is properly under the subject matter jurisdiction of the superior court and is subject to local taxes.[2] Ray Pursche owned real property that was originally conveyed by a federal homestead patent.[3] When Pursche Continue Reading »

Bourdon v. State

Posted on January 21st, 2017

[CRIMINAL PROCEDURE] In Bourdon v. State, the court of appeals held that the superior court has proper jurisdiction over criminal cases regarding Native American sovereign citizens.[1] Eugene Brown was convicted of four counts of second-degree sexual abuse, appealed more than ten years later, and had his convictions affirmed by the court of appeals.[2] He then Continue Reading »

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 »

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Year In Review

Pitka v. Alaska

Posted on March 6th, 2017

[CRIMINAL LAW] In Pitka v. Alaska,[1] the court of appeals reaffirmed that police cannot search closed containers in a vehicle, such as an ashtray, during an arrest without exigent circumstances, unless the container is immediately associated with the person.[2] In January 2011, police officers in Fairbanks stopped a vehicle driven by Pitka after observing a Continue Reading »

Lingley v. Alaska Airlines, Inc.

Posted on March 6th, 2017

[EMPLOYMENT LAW] In Lingley v. Alaska Airlines, Inc. the supreme court held that the Railway Labor Act (“RLA”) does not expressly waive an employee’s right to litigate therefore not requiring employees under its collective bargaining agreement to first exhaust contractual remedies.[1] Plaintiff was an employee for defendant who was terminated for allegedly stealing a left-behind Continue Reading »

Timothy G. v. State, Dept. of Health & Social Services

Posted on March 6th, 2017

[CIVIL PROCEDURE] In Timothy G. v. State, Dept. of Health & Social Services,[1] the supreme court held that a plaintiff must prove a disability by a preponderance of evidence in order to have a statute of limitations tolled.[2] A stepson filed suit against the Office of Children’s Services (OCS) in order to recover for the Continue Reading »

Sweeney v. Organ

Posted on January 23rd, 2017

[FAMILY LAW] In Sweeney v. Organ,[1] the supreme court held that a court has not abused its discretion in making a custody decision when it primarily focuses on the best interests of the child, even when its decision does not explicitly outline all the relevant factors and also appears to contravene a parent’s abrasive conduct.[2] Continue Reading »

Vandenberg v. State, Department of Health & Social Services

Posted on January 23rd, 2017

[ADMINISTRATIVE LAW] In Vandenberg v. State, Department of Health & Social Services,[1] the supreme court held that administrators erred in applying only one job description to a reemployment benefit claim where the applicant’s actual job was more physically strenuous than that job’s description provided.[2] After sustaining a work-related injury, Vandenberg applied for reemployment benefits.[3] In Continue Reading »

State v. Central Council of Tlingit

Posted on January 21st, 2017

[FAMILY LAW] In State v. Central Council of Tlingit,[1] the supreme court held that tribal courts have inherent, non-territorial subject matter jurisdiction to adjudicate the child support obligations of parents of children who are tribal members or are eligible for membership.[2] The Uniform Interstate Family Support Act allows parents to register child support orders—for enforcement Continue Reading »

Pursche v. Matanuska-Susina Borough

Posted on January 21st, 2017

[PROPERTY LAW] In Pursche v. Matanuska-Susitna Borough,[1] the supreme court held that land with a federal patent in its chain of title is properly under the subject matter jurisdiction of the superior court and is subject to local taxes.[2] Ray Pursche owned real property that was originally conveyed by a federal homestead patent.[3] When Pursche Continue Reading »

Bourdon v. State

Posted on January 21st, 2017

[CRIMINAL PROCEDURE] In Bourdon v. State, the court of appeals held that the superior court has proper jurisdiction over criminal cases regarding Native American sovereign citizens.[1] Eugene Brown was convicted of four counts of second-degree sexual abuse, appealed more than ten years later, and had his convictions affirmed by the court of appeals.[2] He then Continue Reading »

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 »

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