TAX LAW Supreme Court of Alaska (2022) Robert Bulka In State, Department of Revenue v. Nabors International Finance, Inc., 514 P.3d 893 (Alaska 2022), the supreme court upheld an Alaska tax statute requiring corporate taxpayers to report affiliated corporations incorporated or doing business in low-tax countries. (Id. at 898). The Department of Revenue (Department) audited Continue Reading »
EMPLOYMENT LAW Supreme Court of Alaska (2022) Rachel Reiss In Rusch v. Southeast Alaska Regional Health Consortium, S-18038, 2022 WL 4588776 (Alaska Sept. 30, 2022), the supreme court held that the Alaska Workers’ Compensation Act (the Act) authorizes the Alaska Workers’ Compensation Appeals Commission (the Commission) to award successful workers’ compensation claimants enhanced attorneys’ fees. Continue Reading »
PROPERTY LAW Supreme Court of Alaska (2022) Kristiana Olson In Caswell v. Ahtna, Inc., 511 P.3d 193 (Alaska 2022), the supreme court held that a miner’s conflict with his corporate landowner fell within the scope of forcible entry and detainer (FED) proceedings, despite the miner’s asserted claims to property and a disputed lease. (Id. at Continue Reading »
FAMILY LAW Supreme Court of Alaska (2022) Joseph Perry In Matter of Office of Public Advocacy, 514 P.3d 1281 (Alaska 2022), the supreme court held that when a party in a child custody case is represented by a pro bono volunteer attorney through Alaska Legal Services Corporation (ALSC), that attorney is “provided by a public 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 »
FAMILY LAW Supreme Court of Alaska (2022) Flora Lipsky In Notti v. Hoffman, 513 P.3d 245 (Alaska 2022), the supreme court held that “rape by fraud” wherein one person induces another to sex through fraudulent assurances is not an actionable tort claim. (Id. at 249). An estranged couple was in the process of divorcing when Continue Reading »
FAMILY LAW Supreme Court of Alaska (2022) Elza Bouhassira In Rainer v. Poole, 510 P.3d 476 (Alaska 2022), the supreme court held that a court cannot modify a custody order without a substantial change in circumstances. (Id. at 481). The parents in this case had a child in June 2013 and their relationship ended in Continue Reading »
NATIVE LAW United States Court of Appeals, Ninth Circuit (2022) Connor Sakati In Metlakatla Indian Community v. Dunleavy, 48 F.4th 963 (9th Cir. 2022), the Ninth Circuit held that Alaskan fishing regulations limiting fishers from entering a fishery are inapplicable to the Metlakatla Indian Community, because these regulations would violate the community’s right to fish traditional Continue Reading »
ENVIRONMENTAL LAW Supreme Court of Alaska (2022) Anighya H.D. Crocker In Cook Inlet Fisherman’s Fund v. Department of Fish and Game, 514 P.3d 1259 (Alaska 2022), the supreme court held that (1) the Alaska Statehood Act did not impose specific ongoing federal requirements on fishery management in state waters, (Id. at 1255–56), and (2) Alaska 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 »
