Civil Procedure

• Norman v. State, Department of Health & Social Services
  CIVIL PROCEDURE Savannah Artusi In Norman v. State, Department of Health & Social Services, the supreme court held that a court may not accept a party’s offer as proof of the facts if the opposing party objects. The Department of Health & Social Services Office of Children’s Services (OCS) initiated proceedings to terminate a father’s parental rights. ...
• Hedrick v. State
  CRIMINAL PROCEDURE Natalie Howard   Hedrick v. State In Hedrick v. State, 474 P.3d 4 (Alaska Ct. App. 2020), the court of appeals upheld a criminal defendant’s waiver of his right to a jury trial because the trial judge had adequately advised him of his right. (Id. at 5). Hunter Hedrick was charged with multiple felony assaults for an ...
• Alleva v. Municipality of Anchorage
  CIVIL PROCEDURE Daisy Gray   Alleva v. Municipality of Anchorage In Alleva v. Municipality of Anchorage, 467 P.3d 1083 (Alaska 2020), the supreme court held that the superior court properly considered a settlement agreement that plaintiffs referenced in but did not attach to their complaint in granting defendants’ motion to dismiss, and that the settlement agreement prevented plaintiffs’ suit. ...
• Allstate Insurance Co. v. Kenick 
  In Allstate Insurance Co. v. Kenick, the Supreme Court held that where a federal declaratory judgment determined the absence of a necessary element of a different state court claim, those bringing the state claim were precluded from relitigating the issue. After an automobile accident in which Angelina Trailov was injured as a passenger, she and ...
• Anderson v. State, Department of Administration
  In Anderson v. State, Department of Administration, the supreme court upheld the superior court’s finding that a suit was barred by the doctrine of laches as it was brought after an unreasonable delay that would cause the Department of Motor Vehicles (DMV) undue prejudice. In 1992, Anderson replaced his California driver’s license, which contained a ...
• Department of Health and Human Services v. v. Planned Parenthood
  In Department of Health and Human Services v. v. Planned Parenthood, the supreme court held that reasonable travel expenses were recoverable as attorney’s fees. As the prevailing party, Planned Parenthood was entitled to have the Department of Health and Human Services pay for the cost to litigate the case. The supreme court held that the ...
• DeRemer v. State
  In DeRemer v. State, the supreme court held that dismissal of a claim absent acknowledgement of that claim was improper. DeRemer was charged with an infraction while in the custody of the Alaska Department of Correction (DOC), leading to a hearing at which DeRemer challenged the credibility of the disciplinary process and was ultimately punished. ...
• Diamond v. Platinum Jaxx, Inc.
  In Diamond v. Platinum Jaxx, Inc., the supreme court held that because a plaintiff failed to plead a piercing the veil theory and the individual owners were never joined to the suit or otherwise put on notice, that the plaintiff was correctly precluded from submitting evidence related to piercing the corporate veil. After being assaulted ...
• Leahy v. Conant
  In Leahy v. Conant, the supreme court held that public officials have qualified immunity from civil liability when there is no showing that they act unreasonably in following a government directive. An Alaska Department of Corrections (DOC) directive prohibited mail from being sent between prisoners. Leahy, a Muslim inmate, filed suit against two correctional facility ...
• In re Hospitalization of Connor J.
  In In re Hospitalization of Connor J., the supreme court held that the superior court did not commit “plain error” by relying on a committee’s attorney’s assertion that the committee was waiving his right to appear at a commitment hearing. The committee, Connor, was not present at a hearing before a standing master to determine ...