ADMINISTRATIVE LAW Sasha Kahn In North Slope Borough v. State, Department of Education & Early Development, 484 P.3d 106 (Alaska 2021), the supreme court held that when summary adjudication has been stipulated to in an agency proceeding, and therefore no factual dispute is up for debate, the hearing officer need only apply a reasonable basis Continue Reading »
ADMINISTRATIVE LAW Sasha Kahn In Espindola v. Peter Pan Seafoods, Inc., 486 P.3d 1116 (Alaska 2021), the supreme court held that while the Alaska Workers’ Compensation Board has authority to weigh the evidence provided by medical opinions, if the Board’s crucial findings are not supported by the record, under the substantial evidence standard, it has Continue Reading »
CRIMINAL LAW Peter Graham In Perozzo v. State, 493 P.3d 233 (Alaska Ct. App. 2021), the Court of Appeals held that the state constitution prohibits officers from requesting a passenger’s identification and then using that identification to run a warrants check when the officer’s request is unrelated to the basis for the stop, and the Continue Reading »
CRIMINAL LAW Mary Beth Barksdale In Watson v. State, 487 P.3d 568 (Alaska 2021), the supreme court upheld Alaska Statute 47.12.030 as constitutional under the Alaska Constitution’s equal protection clause. (Id. at 570). The defendant was a minor convicted on two counts of misdemeanor DUI. (Id.). On appeal, the defendant argued that the criminal statute, Continue Reading »
HEALTH LAW Peter Graham In Bohn v. Providence Health Services – Washington, 484 P.3d 584 (Alaska 2021), the supreme court held that a healthcare provider was not immunized under Alaska’s Health Care Decisions Act (HCDA) when the provider denied decisionmaking authority to a patient’s agent and surrogate under the good faith belief that the patient’s Continue Reading »
CONTRACT LAW Sasha Kahn In ResQSoft, Inc. v. Protech Solutions, Inc., 488 P.3d 979 (Alaska 2021), the supreme court held that non-contractual claims, even when arising out of state statutory law or equitable principles, may still be subject to the forum selection clause within the contract if the claims arise from or relate to the Continue Reading »
TAX LAW Adam Beyer In Fairbanks Gold Mining, Inc. v. Fairbanks North Star Borough Assessor, 488 P.3d 959 (Alaska 2021), the supreme court held that value accrued from waste stripping was not exempt from local revenue taxation. (Id. at 966). Under Alaska law, “natural resources in place” are exempt from local government taxation. (Id.). This Continue Reading »
CRIMINAL LAW Daniel Clark In King v. State, 487 P.3d 242 (Alaska Ct. App. 2021), the court of appeals held that sufficient factual findings may support multiple convictions for the same criminal charges without comprising the “same offense” for double jeopardy purposes, so long as the individual convictions relate to independent events occurring at different Continue Reading »
NATIVE LAW, FAMILY LAW Mary Beth Barksdale In Walker E. v. State, Department of Health & Social Services., Office of Children’s Services, 480 P.3d 598, 607 (Alaska 2021), the supreme court upheld the termination of parental rights under the Indian Child Welfare Act (ICWA) and AS 47.10 where the Office of Children’s Services (OCS) had Continue Reading »
EMPLOYMENT LAW Emma Giusto In Werba v. Ass’n of Village Council Presidents, 480 P.3d 1200 (Alaska, 2021), the supreme court held that (1) trial courts have the discretion to allow parties to cure deficiencies in summary judgment motions, and (2) testimony that a former employee may have been deceived about the temporary nature of a Continue Reading »
