BUSINESS LAW Supreme Court of Alaska (2022) Sarah Couillard In Duffus v. Baker, 513 P.3d 264 (Alaska 2022), the supreme court held that an attorney’s lien may be asserted against settlement funds despite a standard clause making each party responsible for their own fees, attorney participation in settlement negotiation, and a provision in the settlement Continue Reading »
CRIMINAL LAW Court of Appeals of Alaska (2022) Sarah Brooks In Nelson v. State, 512 P.3d 86 (Alaska Ct. App. 2022), the court of appeals held that when the State fails to notify a person accused of driving under the influence of their right to an independent chemical test and no state-conducted test exists, the Continue Reading »
CRIMINAL PROCEDURE Court of Appeals of Alaska (2022) Sam MacDuffie In Hinshaw v. State, 515 P.3d 129 (Alaska Ct. App. 2022), the court of appeals held that a criminal defendant must be allowed to knowingly and intelligently waive his or her right to counsel for any reason, regardless of the trial court’s own opinion. (Id. Continue Reading »
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 »
