CONTRACT LAWUnited States District Court, District of AlaskaRobert BulkaIn Borgman v. Yamaha Motor Corp., USA, 2022 WL 13918852 (D. Alaska 2022), the district courtheld that a boat manufacturer’s alleged failure to comply with a limited warranty, while potentiallya breach of contract, did not constitute an unfair trade practice under the Alaska Unfair TradePractices Act (UTPA). Continue Reading »
CONTRACT LAWUnited States District Court, District of Alaska (2022)Jake ShermanIn Sycks v. Transamerica Life Insurance Co., 2022 WL 17403784 (D. Alaska 2022), the districtcourt held that a court may not look to the terms of a contract for purposes of a Rule 12(b)(6)motion to dismiss if the parties dispute whether the certified copy of the Continue Reading »
TRUSTS & ESTATES LAW Hannah Rogers In Matter of Estate of Rodman, 498 P.3d 1054 (Alaska 2021), the supreme court held that that the statute of frauds barred enforcement of alleged contracts for the state of land and that the alternative remedy of restitution was not warranted in all but one property. (Id. at Continue Reading »
CONTRACT LAW Sasha Kahn In ResQSoft, Inc. v. Protech Solutions, Inc., 488 P.3d 979 (Alaska 2021), the supreme court held that non-contractual claims, even when arising out of state statutory law or equitable principles, may still be subject to the forum selection clause within the contract if the claims arise from or relate to the Continue Reading »
In Graham v. Municipality of Anchorage,[1] the supreme court held that a collective bargaining agreement (CBA) provision governing an award of expenses did not apply to firefighter’s request for reimbursement of full attorneys’ fees and costs. Graham is a firefighter employed by the Anchorage Fire Department (AFD). After failing the interview portion of AFD’s engineer Continue Reading »