CRIMINAL LAWSupreme Court of Alaska (2022)Joseph PerryIn Ray v. State, 513 P.3d 1026 (Alaska 2022), the supreme court held that a defendant who hasviolated probation set out in a plea agreement does not have the right to reject further probationand serve a sentence of active imprisonment only. (Id. at 1029). Following his arrest, Ray entereda Continue Reading »
TRUSTS & ESTATES LAWUnited States District Court, District of Alaska (2022)Sarah BrooksIn Snead v. Wright, 2022 WL 4095907 (D. Alaska 2022), the district court held that an expertwitness’s testimony becomes excludable when it draws legal conclusions that should only bedrawn by the jury, or when the expert is shown to be unqualified to testify on Continue Reading »
EMPLOYMENT LAWSupreme Court of Alaska (2022)Sam MacDuffieIn Patterson v. Matanuska–Susitna Borough School District, 523 P.3d 945 (Alaska 2022), thesupreme court found that the Alaska Workers’ Compensation Board (Board) and the AlaskaWorkers’ Compensation Appeals Commission (Commission) committed harmless error by (1)failing to recognize the link between bodily fluids and mental distress, and (2) failing to considerthe Continue Reading »
CRIMINAL LAWUnited States Court of Appeals, Ninth Circuit (2022)Scott AndersonIn United States v. Kirst, 54 F.4th 610 (9th Cir. 2022), the Ninth Circuit held that an agencyinvestigation is a “proceeding” within the definition of a federal criminal statute even when theinvestigating agency does not have the authority to enforce the law. (Id. at 621). A Continue Reading »
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 »
TORT LAWUnited States District Court, District of Alaska (2022)Flora LipskyIn James v. General Dynamics, 582 F.Supp.3d 673 (D. Alaska 2022), the district court held that,under Alaska tort law, a manufacturer and on–demand maintenance–service provider did not owea duty of care to inspect an U.S. Army–owned Stryker armored vehicle that struck and killed alongshoreman in an Continue Reading »
CRIMINAL LAWSupreme Court of Alaska (2022)Elza BouhassiraIn State v. Graham, 513 P.3d 1046 (Alaska 2022), the supreme court held that a drunk driver’ssentence should be vacated because the court failed to preview and edit tribute videos beforeplaying them at the sentencing hearing. (Id. at 1071). A drunk driver lost control of his truck andkilled two Continue Reading »
ENVIRONMENTAL LAWUnited States District Court, District of Alaska (2022)Joseph PerryIn Alaska Wildlife Alliance v. Haaland, 2022 WL 17422412 (D. Alaska 2022), the district courtheld unlawful a National Park Service (NPS) rule permitting certain hunting practices on NationalPreserve land in Alaska on the grounds that it was an arbitrary and capricious abuse of NPS’spower. (Id. at Continue Reading »
PROPERTY LAWSupreme Court of Alaska (2022)Sarah CouillardIn Ahtna, Inc. v. State, Department of Natural Resources, 520 P.3d 131 (Alaska 2022), the supremecourt held that certain statutory rights of way were limited to uses reasonably necessary for“highway” purposes as the word was defined in 1969. (Id. at 138, 141). Under a statute governingconstruction of highways over Continue Reading »
CONSTITUTIONAL LAWUnited States District Court, District of Alaska (2022)Alex BartlowIn Howell v. Municipality of Anchorage, 2022 WL 17736788 (D. Alaska 2022), the district courtheld that a genuine issue of material fact existed as to whether a SWAT team’s use of projectilesand chemical agents against a mentally ill man was reasonable, precluding a grant a summaryjudgment Continue Reading »
