CIVIL PROCEDUREUnited States District Court, District of AlaskaScott AndersonIn National Union Fire Insurance Co. of Pittsburgh v. Aspen Custom Trailers, Inc., 587 F.Supp.3d904 (D. Alaska 2022), the district court held that a non–Alaska company cannot be sued in anAlaska court when its only connection to the state is a contract with an Alaska company that Continue Reading »
CIVIL PROCEDUREUnited States District Court, District of Alaska (2022)Anighya CrockerIn Aspen American Insurance Co. v. Morrow, 2022 WL 17337913 (D. Alaska 2022), the districtcourt applied the Ninth Circuit’s seven–factor test to partially grant a motion for default judgmentagainst a non–participating party. (Id. at *1). The Lyons were a couple who sold a ship to defendantMorrow, Continue Reading »
CIVIL PROCEDURE Supreme Court of Alaska (2022) Rachel Reiss In Triem v. Kake Tribal Corp., 513 P.3d 994 (Alaska 2022), the supreme court held that a former class action representative and former class attorney did not have standing to appeal debt forgiveness motions in a separate but related class action. (Id. at 996). In the Continue Reading »
CIVIL PROCEDURE Court of Appeals of Alaska (2022) Jake Sherman In Ray v. State, 517 P.3d 613 (Alaska Ct. App. 2022), the court of appeals held that the superior court did not err when it ordered a released prisoner who violated his probation to serve additional probation, although the released prisoner explicitly rejected such measures. Continue Reading »
CIVIL PROCEDURE Supreme Court of Alaska (2022) Connor Sakati In Fairbanks North Star Borough v. Victory Ministries of Alaska, Inc., 515 P.3d 111 (Alaska 2022), the supreme court held that a court no longer has subject matter jurisdiction when the court closes the initial case and another case based on the same underlying controversy begins. (Id. Continue Reading »
CIVIL PROCEDURE Supreme Court of Alaska (2022) Flora Lipsky In Park v. Spayd, 509 P.3d 1014 (Alaska 2022), the supreme court held that, according to the discovery rule, the statute of limitations begins to run as soon as a reasonable person would have discovered the elements of the cause of action. (Id. at 1019). Beginning Continue Reading »
CIVIL PROCEDURE Supreme Court of Alaska (2022) Alex Bartlow In Mulligan v. State, Department of Law, No. S-18019, 2022 WL 2066044 (Alaska June 8, 2022) (unpublished), the supreme court held that although self-represented litigants are held to a less stringent standard, they must provide more than a cursory statement of the argument(s) on appeal in Continue Reading »
CIVIL PROCEDURE Supreme Court of Alaska (2022) Alex Bartlow In Anniskett v. Tracey, No. S-17398, 2022 WL 2717712 (Alaska July 13, 2022) (unpublished), the supreme court affirmed the superior court’s rulings declining to set aside a probate settlement agreement and dismissing, for failure to state a claim for relief, a separate lawsuit alleging conversion of Continue Reading »
CIVIL PROCEDURE Clara Nieman In Windel v. Matanuska-Susitna Borough, 496 P.3d 392 (Alaska 2021), the supreme court held that (1) an unchallenged res judicata judgment in a prior case bound the parties in the current proceeding and (2) a plaintiff’s pursuit of bad faith claims which had already been decided in prior cases justified an Continue Reading »
CIVIL PROCEDURE Clara Nieman In PADRM Gold Mine, LLC v. Perkumpulan Investor Crisis Center Dressel – WBG, 498 P.3d 1073 (Alaska 2021), the supreme court held that legal malpractice claims are not involuntarily assignable but declined to decide whether such claims are voluntarily assignable. (Id. at 1078). A group of Indonesian citizens (Perkumpulan) filed a Continue Reading »
