CRIMINAL LAWSupreme Court of Alaska (2022)Anighya CrockerIn Nordlund v. State, Department of Corrections, 520 P.3d 1178 (Alaska 2022), the supreme courtheld that disciplinary decisions by the Department of Corrections will not be set aside unless theprisoner can show that his procedural due process rights were prejudiced by the proceedingsagainst him. (Id. at 1180). A prisoner Continue Reading »
ENVIRONMENTAL LAWUnited States Court of Appeals, Ninth Circuit (2022)Kristiana OlsonIn Safari Club International v. Haaland, 31 F.4th 1157 (9th Cir. 2022), the court held that theAlaska National Interest Lands Conservation Act (ANILCA) preserves the federal government’sauthority over Alaska’s public lands. (Id. at 1165). In 2013, Alaska expanded access to brown bearhunting. (Id. at 1166). The Continue Reading »
CONSTITUTIONAL LAWUnited States Court of Appeals, Ninth Circuit (2022)Sarah CouillardIn United States v. Wells, 55 F.4th 784 (9th Cir. 2022), the Ninth Circuit held that a Coast Guardemployee was not implicitly coerced by threat of loss of employment to make self–incriminatorystatements in a manner that would have violated the Fifth Amendment. (Id. at 788, 799). Continue Reading »
ELECTION LAWSupreme Court of Alaska (2022)Alex BartlowIn State, Office of the Lieutenant Governor v. Corbisier, 522 P.3d 174 (Alaska 2022), the supremecourt reversed the lower court’s grant of a preliminary injunction preventing the Alaska Divisionof Elections from certifying election results, holding that the lower court erred in failing to considerthe general public’s interest in an Continue Reading »
FAMILY LAWSupreme Court of Alaska (2022)Kristiana OlsonIn Daum v. Daum, 518 P.3d 718 (Alaska 2022), the supreme court held that the superior court hadjurisdiction and authority to award support for an adult child covering the entirety of the child’sliving expenses. (Id. at 720). After a father filed for divorce following years of separation, themother counterclaimed Continue Reading »
INSURANCE LAWUnited States District Court, District of Alaska (2022)Joseph PerryIn Estate of Wheeler v. Garrison Property & Casualty Insurance Co., 604 F. Supp. 3d 844 (D.Alaska 2022), the court held that pollution exclusion clauses of homeowner insurance policies aresubject to literal interpretation. (Id. at 850–51). In 2019, while at a vacation rental property, acouple’s son Continue Reading »
EMPLOYMENT LAWUnited States District Court, District of Alaska (2022)Robert BulkaIn Beach v. United States, 602 F. Supp. 3d 1192 (D. Alaska 2022), the district court held that theUnited States met the statutory definition of a “project owner” and thus was immune fromnegligence claims brought by a worker electrocuted while working in a housing unit on Continue Reading »
INSURANCE LAWUnited States District Court, District of Alaska (2022)Flora LipskyIn City of Unalaska v. National Union Fire Insurance Co., 591 F. Supp. 3d 440 (D. Alaska 2022),the district court held that under Alaska state law, a Computer Fraud Insuring Agreement in aninsurance policy covered financial losses due to fraud perpetrated over email. (Id. at 453.) Continue Reading »
EVIDENCE LAWUnited States District Court, District of Alaska (2022)Jake ShermanIn Garcia v. Vitus Energy, L.L.C., 605 F. Supp. 3d 1179 (D. Alaska 2022), the court held that anexpert makes an impermissible legal conclusion in violation of the federal rules of evidence whenhe comments on an employee’s negligence in a case concerning the employer’s liability fornegligence Continue Reading »
INTERNATIONAL LAWUnited States District Court, District of Alaska (2022)Elza BouhassiraIn Malin v. Osprey Underwriting Agency Ltd., 595 F. Supp. 3d 861 (D. Alaska 2022), the districtcourt held that a dispute between crewmembers of a vessel involved in an incident and theunderwriters of the vessel’s insurance policy had to be arbitrated in England as stated in Continue Reading »
