BUSINESS LAW Supreme Court of Alaska (2022) Elza Bouhassira In Pederson v. Arctic Slope Regional Corp., 517 P.3d 606 (Alaska 2022), the supreme court held that the stated purpose of an inspection request by a shareholder should be determined based on the totality of the written request. (Id. at 611). In this case, a shareholder Continue Reading »
BUSINESS LAW Supreme Court of Alaska (2022) Sarah Couillard In Duffus v. Baker, 513 P.3d 264 (Alaska 2022), the supreme court held that an attorney’s lien may be asserted against settlement funds despite a standard clause making each party responsible for their own fees, attorney participation in settlement negotiation, and a provision in the settlement Continue Reading »
BUSINESS LAW Supreme Court of Alaska (2022) Jake Sherman In Small Creek, Inc. v. Build Alaska General Contracting, L.L.C., 513 P.3d 253 (Alaska 2022), the Alaska Supreme Court held that for purposes of accord and satisfaction, (1) printing “full payment” on a check could be evidence of bad faith tender, and (2) disagreement over calculation Continue Reading »
BUSINESS LAW Hannah Rogers In Cook v. Quashnick, 484 P.3d 1026 (Alaska 2021), the supreme court held that Alaska Rule of Civil Procedure 82, rather than the attorney’s fees provision of Alaska’s Unfair Trade Practices and Consumer Act (UTPA), applied to determine the proper fee award in an offer of judgment to settle a case Continue Reading »
BUSINESS LAW Margot Graham In Ahmasuk v. State, Department of Commerce, Community & Economic Development, Division of Banking & Securities, 478 P.3d 665 (Alaska 2021), the supreme court held that a newspaper opinion letter submitted by a shareholder did not constitute a shareholder proxy solicitation mandating that the shareholder file the letter with the Alaska Continue Reading »
COMMERCIAL LAW Melissa English Beardsley v. Robert N. Jacobsen & Darlene F. Jacobsen Living Trust In Beardsley v. Robert N. Jacobsen & Darlene F. Jacobsen Living Trust, 472 P.3d 500 (Alaska 2020), the supreme court held that a genuine dispute existed over whether a purchaser personally guaranteed the obligations of a bankrupt entity because Continue Reading »
In Farthest North Girl Scout Council v. Girl Scouts of the United States,[1] the supreme court held that the corporate governance documents vested exclusive right to establish membership dues in the National Council of the Girl Scouts of the United States of America. The Girl Scouts of North America (GSUSA) is a congressionally chartered nonprofit Continue Reading »
In Parlier v. CAN-ADA Crushing & Gravel Co.,[1] the supreme court held that limited liability companies must hire counsel for court litigation. In superior court, Parlier attempted to represent his co-defendants Parlier Investments, LLC, McHenry Detective Agency, LLC, and Shares #1 and #17 of Sockeye Salmon, Inc., on the grounds that he was the sole Continue Reading »
In SMJ General Construction, Inc. v. Jet Commercial Construction, LLC,[1] the supreme court held that parties which agree to release each other from preexisting contractual obligations in a settlement are not subsequently obligated to abide by those same contractual obligations. SMJ was contracted by Jet to support a construction project. Disputes arose between SMJ and Continue Reading »
In Williams v. Baker,[1] the supreme court held that an individual did not have an indirect fiduciary duty and thus the superior court erred when it shifted the burden to her to prove that she had not committed fraud under Alaska’s Unfair Trade Practice and Consumer Protection Act (UTPA). Johnny Williams provided financial services, such Continue Reading »