Year In Review

Alaska Trustee, LLC v. Ambridge

Posted on November 10th, 2016

[PROPERTY LAW] In Alaska Trustee, LLC v. Ambridge,[1] the supreme court held that businesses pursuing nonjudicial foreclosures are “debt collectors” under federal law and therefore subject to the requirements laid out by the Fair Debt Collection Practices Act.”[2] The Ambridges bought their first home in 2006 and took out a home loan secured by a Continue Reading »

Bernard v. Alaska Airlines, Inc.

Posted on November 10th, 2016

[EMPLOYMENT LAW] In Bernard v. Alaska Airlines, Inc.,[1] the supreme court held that an employee may file suit against their employer to enforce rights that do not depend on the terms of a collective bargaining agreement, and that an employee need not exhaust all contractual remedies before bringing suit unless they have clearly and unmistakably Continue Reading »

Alexiadis v. State

Posted on November 10th, 2016

[CRIMINAL PROCEDURE] In Alexiadis v. State, the court of appeals held that an interlocutory petition for review is part of the process of litigating and that defendants cannot be charged attorney’s fees as if a separate appeals proceeding had begun.[1] The defendant and the state reached a plea agreement which was rejected by the superior Continue Reading »

State v. Andreanoff

Posted on November 10th, 2016

[CIVIL PROCEDURE] In State v. Andreanoff,[1] the court of appeals held a court’s sua sponte dismissal of charges is similar to a dismissal by motion of the defendant, and, under Alaska Criminal Rule 45, the time for trial begins anew when a defendant is served with refiled charges.[2] Rule 45 requires that a defendant is Continue Reading »

Alpine Energy, LLC v. Matanuska Electric Ass’n

Posted on November 10th, 2016

[BUSINESS LAW] In Alpine Energy, LLC v. Matanuska Electric Ass’n, the supreme court held that an electric cogeneration facility’s self-certification of qualifying facility status does not constitute a federal determination of said qualifying status, and therefore it is reasonable to require subsequent formal certification.[1] Federal law requires utilities to provide energy at a lower price Continue Reading »

State v. Ketchikan Gateway Borough

Posted on November 8th, 2016

[CONSTITUTIONAL LAW] In State v. Ketchikan Gateway Borough,[1] the supreme court held that the existing local school funding formula did not violate the state constitution.[2] The school funding formula requires local borough and city governments to contribute funding to maintain and operate local schools based on the district’s adjusted average daily membership and the statewide Continue Reading »

Smith v. State

Posted on November 8th, 2016

[CRIMINAL PROCEDURE] In Smith v. State, the court of appeals held that a sentencing judge could not rely on unproven, speculative allegations when rendering a sentence for a committed crime.[1] Smith, a felon on probation, was driving by the beach when a seven-year old child ran onto the road and was hit by Smith’s car.[2] Continue Reading »

Sharpe v. Sharpe

Posted on November 8th, 2016

[FAMILY LAW] In Sharpe v. Sharpe,[1] the supreme court held it is appropriate to deny a request to reduce child support when a non-custodial parent’s voluntary unemployment would have an unreasonable impact on the financial resources of their child.[2] Jolene Lyon, a non-custodial parent, was ordered to pay $1,507 to her ex-husband in monthly child Continue Reading »

Seybert v. Alsworth

Posted on November 8th, 2016

[CIVIL PROCEDURE] In Seybert v. Alsworth,[1] the supreme court held that AS 39.50, a conflict of interest law governing the conduct of public officials, does not require citizens to exhaust the statute’s administrative remedies before filing suit in civil court.[2] Seybert, along with four other voters from Lake and Peninsula Borough, brought a private action Continue Reading »

Jordan v. State

Posted on October 28th, 2016

[CRIMINAL LAW] In Jordan v. State,[1] the court of appeals held that when an adult possesses four ounces or more of marijuana inside his home, the State must prove that the adult was at least negligent regarding the fact that the marijuana equaled or exceeded four ounces.[2] During a search, the police found that the Continue Reading »

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Year In Review

Alaska Trustee, LLC v. Ambridge

Posted on November 10th, 2016

[PROPERTY LAW] In Alaska Trustee, LLC v. Ambridge,[1] the supreme court held that businesses pursuing nonjudicial foreclosures are “debt collectors” under federal law and therefore subject to the requirements laid out by the Fair Debt Collection Practices Act.”[2] The Ambridges bought their first home in 2006 and took out a home loan secured by a Continue Reading »

Bernard v. Alaska Airlines, Inc.

Posted on November 10th, 2016

[EMPLOYMENT LAW] In Bernard v. Alaska Airlines, Inc.,[1] the supreme court held that an employee may file suit against their employer to enforce rights that do not depend on the terms of a collective bargaining agreement, and that an employee need not exhaust all contractual remedies before bringing suit unless they have clearly and unmistakably Continue Reading »

Alexiadis v. State

Posted on November 10th, 2016

[CRIMINAL PROCEDURE] In Alexiadis v. State, the court of appeals held that an interlocutory petition for review is part of the process of litigating and that defendants cannot be charged attorney’s fees as if a separate appeals proceeding had begun.[1] The defendant and the state reached a plea agreement which was rejected by the superior Continue Reading »

State v. Andreanoff

Posted on November 10th, 2016

[CIVIL PROCEDURE] In State v. Andreanoff,[1] the court of appeals held a court’s sua sponte dismissal of charges is similar to a dismissal by motion of the defendant, and, under Alaska Criminal Rule 45, the time for trial begins anew when a defendant is served with refiled charges.[2] Rule 45 requires that a defendant is Continue Reading »

Alpine Energy, LLC v. Matanuska Electric Ass’n

Posted on November 10th, 2016

[BUSINESS LAW] In Alpine Energy, LLC v. Matanuska Electric Ass’n, the supreme court held that an electric cogeneration facility’s self-certification of qualifying facility status does not constitute a federal determination of said qualifying status, and therefore it is reasonable to require subsequent formal certification.[1] Federal law requires utilities to provide energy at a lower price Continue Reading »

State v. Ketchikan Gateway Borough

Posted on November 8th, 2016

[CONSTITUTIONAL LAW] In State v. Ketchikan Gateway Borough,[1] the supreme court held that the existing local school funding formula did not violate the state constitution.[2] The school funding formula requires local borough and city governments to contribute funding to maintain and operate local schools based on the district’s adjusted average daily membership and the statewide Continue Reading »

Smith v. State

Posted on November 8th, 2016

[CRIMINAL PROCEDURE] In Smith v. State, the court of appeals held that a sentencing judge could not rely on unproven, speculative allegations when rendering a sentence for a committed crime.[1] Smith, a felon on probation, was driving by the beach when a seven-year old child ran onto the road and was hit by Smith’s car.[2] Continue Reading »

Sharpe v. Sharpe

Posted on November 8th, 2016

[FAMILY LAW] In Sharpe v. Sharpe,[1] the supreme court held it is appropriate to deny a request to reduce child support when a non-custodial parent’s voluntary unemployment would have an unreasonable impact on the financial resources of their child.[2] Jolene Lyon, a non-custodial parent, was ordered to pay $1,507 to her ex-husband in monthly child Continue Reading »

Seybert v. Alsworth

Posted on November 8th, 2016

[CIVIL PROCEDURE] In Seybert v. Alsworth,[1] the supreme court held that AS 39.50, a conflict of interest law governing the conduct of public officials, does not require citizens to exhaust the statute’s administrative remedies before filing suit in civil court.[2] Seybert, along with four other voters from Lake and Peninsula Borough, brought a private action Continue Reading »

Jordan v. State

Posted on October 28th, 2016

[CRIMINAL LAW] In Jordan v. State,[1] the court of appeals held that when an adult possesses four ounces or more of marijuana inside his home, the State must prove that the adult was at least negligent regarding the fact that the marijuana equaled or exceeded four ounces.[2] During a search, the police found that the Continue Reading »

Page 5 of 47« First...34567...102030...Last »