CRIMINAL LAW Supreme Court of Alaska (2024) Scott Tompetrini In Amarok v. State, 543 P.3d 259 (Alaska Ct. App. 2024), the court of appeals did not to overrule prior cases that outlined rules for remanding cases when a convicted defendant alleges ineffective assistance of counsel from their post-conviction relief attorney. (Id. at 261). Amarok was Continue Reading »
NATIVE LAW Supreme Court of Alaska (2024) Melinda Xiong In Anton K. v. Department of Family & Community Services, Office of Children’s Services, 554 P.3d 456 (Alaska 2024), the supreme court upheld the termination of parental rights under the Indian Child Welfare Act (ICWA), after finding that the Office of Children’s Services (OCS) had made Continue Reading »
BUSINESS LAW Supreme Court of Alaska (2024) Rosa Gibson In Aiken v. Alaska Addiction Professionals Ass’n, 552 P.3d 454 (Alaska 2024), the supreme court held that, because a newly incorporated organization was the same entity as a previously dissolved organization and retained the prior organization’s membership and bylaws, new officers elected pursuant to those bylaws Continue Reading »
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 Continue Reading »
CRIMINAL LAW Court of Appeals of Alaska (2024) Jack Jeffrey In Beltz v. State, 551 P.3d 583 (Alaska Ct. App. 2024), the court of appeals held that an arrestee only commits the voluntary act required for the offense of promoting contraband in a correctional facility when the arrestee knows that maintaining possession of the contraband Continue Reading »
CRIMINAL LAW Supreme Court of Alaska (2024) Rasa Kerelis In State of Alaska v. Brennan Grubb 546 P.3d 586 (Alaska 2024), the Alaska supreme court held that the parent of a sexually abused minor was owed restitution accounting for her future lost wages and retirement benefits. (Id.). After Brennan Grubb sexually abused a minor, the Continue Reading »
BUSINESS LAW Supreme Court of Alaska (2024) Jack Jeffrey In Baker v. Duffus, 542 P.3d 1153 (Alaska 2024), the supreme court held that (1) for a transaction to be exempt from the Unfair Trade Practices and Consumer Protection Act (UTPA) because it is a real estate transaction, the transfer of an interest in real property Continue Reading »
INSURANCE LAW Supreme Court of Alaska (2024) Abby Murray In responding to two certified questions from the U.S. District Court, the supreme court in Baxter Senior Living, LLC v. Zurich American Insurance Co. held as a matter of first impression that neither the presence of the COVID-19 virus at an insured property, nor operating restrictions Continue Reading »
CRIMINAL LAW Court of Appeals of Alaska (2024) Holly Merrill In Burns v. State, 543 P.3d 1013 (Alaska Ct. App. 2024), the court of appeals held that AS 17.38, which legalized the personal use of marijuana and operation of licensed marijuana businesses, did not implicitly repeal AS 11.71.190(b). (Id. at 1018–19). The earlier law declared Continue Reading »
INSURANCE LAW Supreme Court of Alaska (2024) Lauren Beizer In Fischer v. Kenai Peninsula Borough School District, 548 P.3d 1086 (Alaska 2024), the supreme court held that a teacher raised a genuine dispute of material fact regarding damages, therefore, reversing and remanding the Superior Court of the State of Alaska’s summary judgment order regarding the Continue Reading »
