- Williams v. Strong
CIVIL PROCEDURE
Supreme Court of Alaska (2024)
Grace Koh
In Williams v. Strong, No. S-18528, 2024 WL 4097340 (Alaska 2024), the supreme court held that the complainant’s breach of contract claim was untimely because the three-year statute of limitations began to run when he was placed on inquiry notice of defects in his neighbors’ reconstruction of their driveway. ...
- Red Hook Construction, LLC v. Bishop
CIVIL PROCEDURE
Supreme Court of Alaska (2024)
Brendan Genaw
In Red Hook Constr., LLC v. Bishop, 556 P.3d 1188 (Alaska 2024), the supreme court held that a court’s incorrect assumptions regarding contractual damage calculations may serve as the basis for relief under Rule 60(b)(1); however, motions for relief from judgment under Rule 60(b)(1) must be “made within a ...
- Jacob G. v. Savanah F.
CIVIL PROCEDURE
Supreme Court of Alaska (2024)
Grace Koh
In Jacob G. v. Savanah F., 545 P.3d 885 (Alaska 2024), the supreme court held that a court may deny attorney’s fees to a successful domestic violence protective order (DVPO) petitioner only in exceptional circumstances and with explanation of its decision. (Id. at 891). After having a daughter together ...
- Matter Involving Fallon
CIVIL PROCEDURE
Supreme Court of Alaska (2024)
Abby Murray
Here, the supreme court found clear and convincing evidence that District Court Judge Martin C. Fallon acted negligently, amounting to violations of Alaska Code of Judicial Conduct Canon 2A and 3B(8). Matter Involving Fallon, 544 P.3d 626, 628–29 (Alaska 2024). Specifically, Judge Fallon failed to decide on two matters ...
- Blake J. v. State, Department of Health and Social Services
CIVIL PROCEDURE
Supreme Court of Alaska (2024)
Scott Tompetrini
In Blake J. v. State, 554 P.3d 430 (Alaska 2024), the supreme court held that the statute of limitations for tort claims does not toll when a child remains in the custody of the state past their 18th birthday. (Id. at 437). “Blake J.,” previously sued the Office of ...
- Highlight Canyon, LLC v. Cioffoletti
CIVIL PROCEDURE
Supreme Court of Alaska (2023)
Olivia Wagner
In Highlight Canyon, LLC v. Cioffoletti, 533 P.3d 929 (Alaska 2023), the supreme court held that (1) actions taken after the filing of a motion to dismiss for failure to prosecute do not preclude dismissal, and (2) a substitution of counsel, without more, is not a proceeding. (Id. at ...
- Bragg v. Teslow
CIVIL PROCEDURE
Supreme Court of Alaska (2023)
Hannah Berg
In Bragg v. Teslow, 533 P.3d 533 (Alaska 2023), the supreme court held that an award of full attorneys’ fees is appropriate only where a claim or motion is “collectively or individually so lacking in merit that it is permissible to infer that or his lawyer ...
- Department of Fish and Game v. Federal Subsistence Board
CIVIL PROCEDURE
United States Court of Appeals, Ninth Circuit
Steve Stenquist
In Department of Fish and Game v. Federal Subsistence Board, 62 F.4th 1177 (4th Cir. 2023), the court of appeals held that a dispute is not moot if the basis for the dispute ends before the dispute can be fully litigated and said basis is likely to ...
- BBFM Engineers, Inc. v. McDonald
CIVIL PROCEDURE
Supreme Court of Alaska (2023)
Shaun Thompson
In BBFM Engineers, Inc. v. McDonald, 530 P.3d 352 (Alaska 2023), the supreme court held that pro se status alone was insufficiently compelling to relax the 30-day period to file a motion for relief from judgment. (Id. at 358). McDonald, representing himself, filed an unsigned motion for continuance and ...
- Buchholdt v. Nelson
CIVIL PROCEDURE
Supreme Court of Alaska (2023)
Hannah Berg
In Buchholdt v. Nelson, 534 P.3d 91 (Alaska 2023), the supreme court held that an unsupported and unsworn assertion made for the first time on appeal is insufficient to demonstrate that a trial court committed legal error or abused its discretion in denying a motion for relief. (Id. at ...
