CIVIL PROCEDURE Supreme Court of Alaska (2022) Flora Lipsky In Park v. Spayd, 509 P.3d 1014 (Alaska 2022), the supreme court held that, according to the discovery rule, the statute of limitations begins to run as soon as a reasonable person would have discovered the elements of the cause of action. (Id. at 1019). Beginning Continue Reading »
HEALTH LAW Supreme Court of Alaska (2022) Elza Bouhassira In the Matter of Carl S., 510 P.3d 486 (Alaska 2022), the supreme court held that a man’s due process rights were violated when he was civilly committed based on an unpled claim of grave disability. (Id. at 488). On August 28, 2020, the man was Continue Reading »
CRIMINAL LAW Court of Appeals of Alaska (2022) Connor Sakati In Foy v. State, 513 P.3d 1085 (Alaska Ct. App. 2022), the Court of Appeals held that, to sustain a first-degree assault conviction, the State must prove beyond a reasonable doubt that an offender used a dangerous weapon to cause a serious physical injury, which required Continue Reading »
FAMILY LAW Supreme Court of Alaska (2022) Anighya H.D. Crocker In Walsh v. Singleton, No. S-18155, 2022 WL 2092566 (Alaska June 8, 2022) (unpublished), the supreme court upheld the superior court’s decision to modify an existing custody agreement in light of a mother’s decision to move from Anchorage to Wasilla. (Id. at *1–2). A separated Continue Reading »
CIVIL PROCEDURE Supreme Court of Alaska (2022) Alex Bartlow In Mulligan v. State, Department of Law, No. S-18019, 2022 WL 2066044 (Alaska June 8, 2022) (unpublished), the supreme court held that although self-represented litigants are held to a less stringent standard, they must provide more than a cursory statement of the argument(s) on appeal in Continue Reading »
FAMILY LAW Supreme Court of Alaska (2022) Scott Anderson In Aparezuk v. Schlosser, 514 P.3d 283 (Alaska 2022), the supreme court held that a husband’s duty to pay past due child support was precluded by him financially supporting the children in a shared household with his wife during the period at issue. (Id. at 290–91). Continue Reading »
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 »
