CRIMINAL PROCEDURE Court of Appeals of Alaska (2022) Sam MacDuffie In Victor v. State, 516 P.3d 506 (Alaska Ct. App. 2022), the court of appeals held that the State is not required to show a criminal defendant is competent before re-instating charges which were previously dismissed without prejudice because of a finding that the defendant Continue Reading »
ADMINISTRATIVE LAW United States Court of Appeals, Ninth Circuit (2022) Robert Bulka In Inter-Cooperative Exchange v. United States Department of Commerce, 36 F.4th 905 (9th Cir. 2022), the Ninth Circuit held that an agency’s response to a Freedom of Information Act (FOIA) request is inadequate where it chooses only three search terms which together are Continue Reading »
CIVIL PROCEDURE Supreme Court of Alaska (2022) Rachel Reiss In Triem v. Kake Tribal Corp., 513 P.3d 994 (Alaska 2022), the supreme court held that a former class action representative and former class attorney did not have standing to appeal debt forgiveness motions in a separate but related class action. (Id. at 996). In the Continue Reading »
FAMILY LAW Supreme Court of Alaska (2022) Kristiana Olson In Rock H. v. State, Department of Health & Social Services, 2022 WL 2236187 (Alaska 2022) (unpublished), the supreme court held that the superior court did not err in finding that a child was in need of aid, and that the Office of Children’s Services (OCS) made Continue Reading »
ADMINISTRATIVE LAW Supreme Court of Alaska (2022) Joe Perry In Worker’s Compensation Benefits Guaranty Fund v. Adams, 518 P.3d 280 (Alaska 2022), the supreme court held that a worker’s compensation fund seeking to find an injury non-compensable due to intoxication must show that the worker was intoxicated at the time of the incident, and that Continue Reading »
CIVIL PROCEDURE Court of Appeals of Alaska (2022) Jake Sherman In Ray v. State, 517 P.3d 613 (Alaska Ct. App. 2022), the court of appeals held that the superior court did not err when it ordered a released prisoner who violated his probation to serve additional probation, although the released prisoner explicitly rejected such measures. Continue Reading »
CRIMINAL PROCEDURE Court of Appeals of Alaska (2022) Flora Lipsky In Strong v. State, 508 P.3d 1127 (Alaska App. 2022), the court of appeals held that risk of harm to property can constitute a “significant evil” when establishing a common law defense of necessity in a criminal case. (Id. at 1132). A fishing boat with Continue Reading »
BUSINESS LAW Supreme Court of Alaska (2022) Elza Bouhassira In Pederson v. Arctic Slope Regional Corp., 517 P.3d 606 (Alaska 2022), the supreme court held that the stated purpose of an inspection request by a shareholder should be determined based on the totality of the written request. (Id. at 611). In this case, a shareholder Continue Reading »
CIVIL PROCEDURE Supreme Court of Alaska (2022) Connor Sakati In Fairbanks North Star Borough v. Victory Ministries of Alaska, Inc., 515 P.3d 111 (Alaska 2022), the supreme court held that a court no longer has subject matter jurisdiction when the court closes the initial case and another case based on the same underlying controversy begins. (Id. Continue Reading »
FAMILY LAW Court of Appeals of Alaska (2022) Anighya H.D. Crocker In Grubb v. State, 506 P.3d 791 (Alaska Ct. App. 2022), the court of appeals held that Alaska law permits restitution only where lost wages and benefits are not too attenuated from the charged criminal conduct. (Id. at 792). Grubb pleaded guilty to second-degree Continue Reading »
