EMPLOYMENT LAW Sasha Kahn In Murphy v. Fairbanks North Star Borough, 494 P.3d 556 (Alaska 2021), the supreme court held that, based on legislative history and intent, the two-year statute of limitations on disability claims under the Alaska workers’ compensation statute applies to impairment claims as well. (Id. at 566–69). A mechanic working for the Continue Reading »
CRIMINAL PROCEDURE Sloane Bessey In Mollica v. State, 500 P.3d 1002 (Alaska Ct. App. 2021), the court held that when a defendant faces termination from a therapeutic court program, he or she is entitled to due process protections including written notice concerning the grounds for discharge, disclosure of the relevant evidence, and the chance to Continue Reading »
CRIMINAL LAW Sloane Bessey In Matter of Mark V., 501 P.3d 228 (Alaska 2021), the supreme court held that that for a less restrictive analysis in a commitment proceeding only options available at the time need to be considered and not all of the factors supporting a finding that a patient lacks competence to consent Continue Reading »
TRUSTS & ESTATES LAW Hannah Rogers In Matter of Estate of Rodman, 498 P.3d 1054 (Alaska 2021), the supreme court held that that the statute of frauds barred enforcement of alleged contracts for the state of land and that the alternative remedy of restitution was not warranted in all but one property. (Id. at Continue Reading »
HEALTH LAW Emma Giusto In Matter of April S, 499 P.3d 1011 (Alaska 2021), the supreme court held that the Office of Children’s Services (OCS) could not admit a minor for voluntary commitment under the parental admission statute. (Id. at 1013). April, a minor in OCS custody, was brought to a hospital where staff placed Continue Reading »
FAMILY LAW Melissa Gustafson In Mariah B. v. Department of Health & Social Services, 499 P.3d 1021 (Alaska 2021), the supreme court held that the mother in a parental rights termination hearing did not waive her evidentiary objection by failing to raise the objection for each question during the hearsay testimony. (Id. at 1022). The Continue Reading »
CRIMINAL LAW Peter Graham In Linden v. Municipality of Anchorage, 501 P.3d 238 (Alaska Ct. App. 2021), the Court of Appeals held that the crimes of assault and of family violence do not constitute the same offense for purposes of double jeopardy when a single act produces two crimes suffered by separate victims. (Id. at Continue Reading »
CRIMINAL PROCEDURE Emma Giusto In Lee v. State, 503 P.3d 811 (Alaska Ct. App. 2021), the court of appeals held that neither an Alaska statute requiring the conservation of biological material in homicide and sexual assault cases for later DNA testing nor due process are violated when non-DNA biological evidence is destroyed, but that the Continue Reading »
PROPERTY LAW Peter Graham In Jigliotti Family Trust v. Bloom, 497 P.3d 472 (Alaska 2021), the Supreme Court held that parties to a quiet title action are entitled to a final judgment quieting title separate from a trial court’s findings and conclusions. (Id. at 474). The Jigliotti Family Trust purchased property from an owner that Continue Reading »
FAMILY LAW Megan Mason Dister In In re Baron W., 498 P.3d 1045 (Alaska 2021), the supreme court held that the removal of a guardian is not a termination of parental rights nor a foster care placement under the Indian Child Welfare Act (ICWA), 21 U.S.C. §1912, and the standard used for removal of guardians Continue Reading »
