Year In Review

In re Necessity for the Hospitalization of Rabi R.

Posted on March 10th, 2021

HEALTH Savannah Artusi   In re Necessity for the Hospitalization of Rabi R. In In re Necessity for the Hospitalization of Rabi R., 468 P.3d 721 (Alaska 2020), the supreme court held that the lower court’s failure to order a screening investigation upon receipt of a petition for involuntary detention for psychiatric evaluation was harmless Continue Reading »

Hedrick v. State

Posted on March 10th, 2021

CRIMINAL PROCEDURE Natalie Howard   Hedrick v. State In Hedrick v. State, 474 P.3d 4 (Alaska Ct. App. 2020), the court of appeals upheld a criminal defendant’s waiver of his right to a jury trial because the trial judge had adequately advised him of his right. (Id. at 5). Hunter Hedrick was charged with multiple Continue Reading »

Downing v. Country Life Insurance Company

Posted on March 10th, 2021

INSURANCE LAW Angela Sbano   Downing v. Country Life Insurance Company In Downing v. Country Life Insurance Company, 473 P.3d 699 (2020), the Supreme Court of Alaska affirmed the superior court’s decision that a mother’s interpretation of her late daughter’s life insurance policy was unreasonable, and that the insurance company had paid out the proper Continue Reading »

Chaney v. State

Posted on March 10th, 2021

ADMIRALTY LAW Kristen M. Renberg, PhD   Chaney v. State In Chaney v. States, 478 P.3d 222, (Alaska Ct. App. 2020), the court of appeals held that a defendant was properly convicted of fishing with an overlength commercial salmon seine vessel and the regulation for measuring the length of vessels adopted by the State’s Board Continue Reading »

Carr v. Alaska Bar Association

Posted on March 10th, 2021

ETHICS AND PROFESSIONAL RESPONSIBILITY Macklin Willigan   Carr v. Alaska Bar Association In Carr v. Alaska Bar Association (475 P.3d 269 (Alaska 2020)), the supreme court held that health concerns related to the COVID-19 pandemic did not warrant allowing bar applicants to practice law without taking and passing the bar examination. (Id. at 269.). Seven Continue Reading »

Baker v. Alaska State Commission for Human Rights

Posted on March 10th, 2021

ADMINISTRATIVE LAW EMPLOYMENT LAW Kate Goldberg   Baker v. Alaska State Commission for Human Rights In Baker v. Alaska State Commission for Human Rights, 476 P.3d 1120 (Alaska 2020), the supreme court held a commission’s dismissal of a discrimination complaint was not so arbitrary and capricious as to offend due process (id. at 1127) and Continue Reading »

Alleva v. Municipality of Anchorage

Posted on March 10th, 2021

CIVIL PROCEDURE Daisy Gray   Alleva v. Municipality of Anchorage In Alleva v. Municipality of Anchorage, 467 P.3d 1083 (Alaska 2020), the supreme court held that the superior court properly considered a settlement agreement that plaintiffs referenced in but did not attach to their complaint in granting defendants’ motion to dismiss, and that the settlement Continue Reading »

Adams v. State

Posted on March 10th, 2021

EMPLOYMENT LAW Melissa English   Adams v. State, Workers’ Compensation Benefit Guaranty Fund In Adams v. State, Workers’ Compensation Benefit Guaranty Fund, 467 P.3d 1053 (Alaska 2020), the supreme court held that substantive evidence supported the finding that the property owner engaged in the “business or industry” of “buying, managing, and selling real estate” and Continue Reading »

Peidlow v. Williams

Posted on October 14th, 2020

In Peidlow v. Williams,¹ the supreme court held that the Indian Child Welfare Act (ICWA) requires a superior court that receives a tribal court order to first determine whether the order was issued in an ICWA child custody proceeding, and if it was, to follow the full faith and credit mandate of the ICWA. The Continue Reading »

Bjorn-Roli v. Mulligan

Posted on April 14th, 2020

In Bjorn-Roli v. Mulligan,[1] the supreme court held that a trustee using trust funds to maintain trust property her son was staying on free of rent did not require removal even though it was a breach of fiduciary duty. After the death of her parents, Bjorn-Roli was appointed as sole trustee of two trusts with Continue Reading »

Year In Review

In re Necessity for the Hospitalization of Rabi R.

Posted on March 10th, 2021

HEALTH Savannah Artusi   In re Necessity for the Hospitalization of Rabi R. In In re Necessity for the Hospitalization of Rabi R., 468 P.3d 721 (Alaska 2020), the supreme court held that the lower court’s failure to order a screening investigation upon receipt of a petition for involuntary detention for psychiatric evaluation was harmless Continue Reading »

Hedrick v. State

Posted on March 10th, 2021

CRIMINAL PROCEDURE Natalie Howard   Hedrick v. State In Hedrick v. State, 474 P.3d 4 (Alaska Ct. App. 2020), the court of appeals upheld a criminal defendant’s waiver of his right to a jury trial because the trial judge had adequately advised him of his right. (Id. at 5). Hunter Hedrick was charged with multiple Continue Reading »

Downing v. Country Life Insurance Company

Posted on March 10th, 2021

INSURANCE LAW Angela Sbano   Downing v. Country Life Insurance Company In Downing v. Country Life Insurance Company, 473 P.3d 699 (2020), the Supreme Court of Alaska affirmed the superior court’s decision that a mother’s interpretation of her late daughter’s life insurance policy was unreasonable, and that the insurance company had paid out the proper Continue Reading »

Chaney v. State

Posted on March 10th, 2021

ADMIRALTY LAW Kristen M. Renberg, PhD   Chaney v. State In Chaney v. States, 478 P.3d 222, (Alaska Ct. App. 2020), the court of appeals held that a defendant was properly convicted of fishing with an overlength commercial salmon seine vessel and the regulation for measuring the length of vessels adopted by the State’s Board Continue Reading »

Carr v. Alaska Bar Association

Posted on March 10th, 2021

ETHICS AND PROFESSIONAL RESPONSIBILITY Macklin Willigan   Carr v. Alaska Bar Association In Carr v. Alaska Bar Association (475 P.3d 269 (Alaska 2020)), the supreme court held that health concerns related to the COVID-19 pandemic did not warrant allowing bar applicants to practice law without taking and passing the bar examination. (Id. at 269.). Seven Continue Reading »

Baker v. Alaska State Commission for Human Rights

Posted on March 10th, 2021

ADMINISTRATIVE LAW EMPLOYMENT LAW Kate Goldberg   Baker v. Alaska State Commission for Human Rights In Baker v. Alaska State Commission for Human Rights, 476 P.3d 1120 (Alaska 2020), the supreme court held a commission’s dismissal of a discrimination complaint was not so arbitrary and capricious as to offend due process (id. at 1127) and Continue Reading »

Alleva v. Municipality of Anchorage

Posted on March 10th, 2021

CIVIL PROCEDURE Daisy Gray   Alleva v. Municipality of Anchorage In Alleva v. Municipality of Anchorage, 467 P.3d 1083 (Alaska 2020), the supreme court held that the superior court properly considered a settlement agreement that plaintiffs referenced in but did not attach to their complaint in granting defendants’ motion to dismiss, and that the settlement Continue Reading »

Adams v. State

Posted on March 10th, 2021

EMPLOYMENT LAW Melissa English   Adams v. State, Workers’ Compensation Benefit Guaranty Fund In Adams v. State, Workers’ Compensation Benefit Guaranty Fund, 467 P.3d 1053 (Alaska 2020), the supreme court held that substantive evidence supported the finding that the property owner engaged in the “business or industry” of “buying, managing, and selling real estate” and Continue Reading »

Peidlow v. Williams

Posted on October 14th, 2020

In Peidlow v. Williams,¹ the supreme court held that the Indian Child Welfare Act (ICWA) requires a superior court that receives a tribal court order to first determine whether the order was issued in an ICWA child custody proceeding, and if it was, to follow the full faith and credit mandate of the ICWA. The Continue Reading »

Bjorn-Roli v. Mulligan

Posted on April 14th, 2020

In Bjorn-Roli v. Mulligan,[1] the supreme court held that a trustee using trust funds to maintain trust property her son was staying on free of rent did not require removal even though it was a breach of fiduciary duty. After the death of her parents, Bjorn-Roli was appointed as sole trustee of two trusts with Continue Reading »