CRIMINAL LAW Emma Giusto In Williams v. State, 480 P.3d 95 (Alaska Ct. App. 2021), the court of appeals held that joint involvement by both spouses in the criminal or fraudulent activity is not required for the crime-fraud exception to confidential marriage communications to apply. (Id. at 97). Williams and his girlfriend went to the Continue Reading »
HEALTH LAW Hannah Rogers In Titus v. Department of Corrections, 496 P.3d 412, the supreme court held that “the matter at issue” in determining “whether an expert’s training, expertise, or certification is directly related to the matter at issue” in a medical malpractice action, refers to the underlying circumstances of the medical event or treatment Continue Reading »
PROPERTY LAW Megan Mason Dister In Thomas v. Joseph P. Casteel Trust, 496 P.3d 403 (Alaska 2021), the supreme court upheld a nonjudicial foreclosure because the junior lienholder was not prejudiced by a failure to provide supplemental notice, the sale price did not warrant the foreclosure being set aside, and there was not sufficient evidence Continue Reading »
LABOR AND EMPLOYMENT LAW Peter Graham In Sumpter v. Fairbanks North Star Borough School District, 494 P.3d 505 (Alaska 2021), the Supreme Court held that workers’ compensation presumption analysis does not weigh the evidence presented during the first two stages of a workers’ compensation claim. (Id. at 514). Rather, the evidence a defendant introduces to Continue Reading »
EMPLOYMENT LAW Clara Nieman In State, Department of Corrections v. Wozniak, 491 P.3d 1081 (Alaska 2021), the supreme court held that an agency did not abuse its discretion in awarding attorneys’ fees as both a lump sum based on the attorney’s past work and ongoing statutory minimum fees based on future workers’ compensation benefits. (Id. Continue Reading »
ELECTION LAW Sloane Bessey In State v. Galvin, 491 P.3d 325 (Alaska 2021), the supreme court held that when a preliminary injunction threatens the success of an election it should be denied to protect the public interest. (Id. at 339–40). Prior to the November 2020 general election, the Division of Elections (the Division) made the Continue Reading »
ELECTION LAW Clara Nieman In State, Office of Lieutenant Governor v. Recall Dunleavy, 491 P.3d 343 (Alaska 2021), the supreme court held that (1) recall petitions are subject to a notice pleading standard and (2) a petition to recall the governor met that liberal standard. (Id. at 357, 372). Recall Dunleavy filed a recall application Continue Reading »
CRIMINAL PROCEDURE Hannah Rogers In State v. Azzarella, 483 P.3d 905 (Alaska Ct. App. 2021), the court of appeals held that a civil compromise is not effective unless and until it is approved by the court. (Id. at 906). The State charged Azzarella with four felony assault charges. (Id. at 905). However, at Azzarella’s preliminary Continue Reading »
ELECTION LAW Sloane Bessey In State, Office of the Lieutenant Governor v. Arctic Village Council, 495 P.3d 313 (Alaska 2021), the supreme court held that the health concerns of the pandemic outweighed the State interests behind the witness requirement for absentee ballots in elections. (Id. at 325–26). There is an Alaska statute that requires that Continue Reading »
CRIMINAL LAW Megan Mason Dister In Stacy v. State, 500 P.3d 1023 (Alaska 2021), the supreme court held that under Brady v. Maryland, 373 U.S. 83 (1963) and Alaska law, prosecutors have a duty to take steps to learn about favorable material possessed by the prosecution and in personnel files. (Stacy, 500 P.3d at 1026-27). Continue Reading »
