Year In Review

Nicolos v. N. Slope Borough

Posted on January 30th, 2019

In Nicolos v. N. Slope Borough,[1] the supreme court held that an administrative agency’s decision regarding a state employee’s discharge is independently reviewed by the supreme court; deference is given to the agency’s factual findings, but questions of law outside the agency’s special expertise are subject to a “substitution of judgment standard.”  Tom Donovan Nicolos Continue Reading »

Laura B. v. Wade B.

Posted on January 30th, 2019

In Laura B. v. Wade B.,[1] the Supreme Court of Alaska held that substantially modifying a custody agreement without holding a hearing to address the child’s best interests violates procedural due process.  Laura and Wade share legal custody and physical custody of their 17-year-old daughter.  In April of 2017, Wade moved for full custody.  After an Continue Reading »

Miller v. Fowler

Posted on January 30th, 2019

In Miller v. Fowler,[1] the Supreme Court of Alaska held that summary judgment will rarely be proper when the discovery rule is used to determine the accrual date of a statute of limitations as determining that date is a fact intensive analysis.  In September 2009, Miller purchased an apartment building from Fowler with a promissory Continue Reading »

Harrold-Jones v. Drury

Posted on January 30th, 2019

In Harrold-Jones v. Drury,[1] the supreme court held that a defendant may only make ex parte contact with a plaintiff’s treating physicians with the plaintiff’s consent or a court order, the latter of which is to be issued only in extraordinary circumstances.  In 2014, Harrold-Jones received treatment for a fractured clavicle from Dr. Drury and Continue Reading »

Hester v. Landau

Posted on January 30th, 2019

In Hester v. Landau,[1] the Supreme Court of Alaska held that only a personal representative of an estate has the power to appear in court on behalf of the estate.  Aurora Landau sued her former employer for unpaid compensation, naming the company and its two owners as defendants.  One of the owners died while the Continue Reading »

In re Angelette, LLC

Posted on January 30th, 2019

In In re Angelette, LLC,[1] the United States District Court for the District of Alaska determined that maintenance and cure claims are not subject to the Limitation of Liability Act, making the shipowner’s duty to pay maintenance and cure virtually automatic.  Jay Thomassen is the sole member of Angelette, LLC; a corporation that owned a Continue Reading »

McGuire v. State

Posted on December 3rd, 2018

In Mcguire v. State,[1] the Alaska Court of Appeals held that when an officer has probable cause to arrest an individual for a drug offense, and has reason to believe that the individual might have other evidence of that offense on his person, the officer is authorized to conduct a pat-down search. During a traffic Continue Reading »

Silas v. State

Posted on December 3rd, 2018

In Silas v. State[1] the Alaska Court of Appeals held that an individual’s revocation of probation requires a finding of good cause. Roy Silas was convicted of second-degree sexual abuse of a minor and served a term of active imprisonment followed by 10 years of probation with a 5-year suspended term of imprisonment. A condition Continue Reading »

Pfister v. State

Posted on December 3rd, 2018

In Pfister v. State,[1] the Alaska Court of Appeals held that a surviving felony accomplice may be prosecuted for manslaughter when a fellow accomplice is killed by the victim or responding police officers.  Brian Albert Pfister and two accomplices broke into the home of a marijuana grower and robbed him. Pfister waited outside while his Continue Reading »

Pulusila v. State

Posted on December 3rd, 2018

In Pulusila v. State,[1] the Alaska Court of Appeals held that in interpreting a condition of probation, a court must consider (1) whether a particular interpretation would ensure public safety or foster the defendant’s rehabilitation, and (2) how a reasonable person in the defendant’s place would understand the probation condition. In September 2016, Pulusila was Continue Reading »

Year In Review

Nicolos v. N. Slope Borough

Posted on January 30th, 2019

In Nicolos v. N. Slope Borough,[1] the supreme court held that an administrative agency’s decision regarding a state employee’s discharge is independently reviewed by the supreme court; deference is given to the agency’s factual findings, but questions of law outside the agency’s special expertise are subject to a “substitution of judgment standard.”  Tom Donovan Nicolos Continue Reading »

Laura B. v. Wade B.

Posted on January 30th, 2019

In Laura B. v. Wade B.,[1] the Supreme Court of Alaska held that substantially modifying a custody agreement without holding a hearing to address the child’s best interests violates procedural due process.  Laura and Wade share legal custody and physical custody of their 17-year-old daughter.  In April of 2017, Wade moved for full custody.  After an Continue Reading »

Miller v. Fowler

Posted on January 30th, 2019

In Miller v. Fowler,[1] the Supreme Court of Alaska held that summary judgment will rarely be proper when the discovery rule is used to determine the accrual date of a statute of limitations as determining that date is a fact intensive analysis.  In September 2009, Miller purchased an apartment building from Fowler with a promissory Continue Reading »

Harrold-Jones v. Drury

Posted on January 30th, 2019

In Harrold-Jones v. Drury,[1] the supreme court held that a defendant may only make ex parte contact with a plaintiff’s treating physicians with the plaintiff’s consent or a court order, the latter of which is to be issued only in extraordinary circumstances.  In 2014, Harrold-Jones received treatment for a fractured clavicle from Dr. Drury and Continue Reading »

Hester v. Landau

Posted on January 30th, 2019

In Hester v. Landau,[1] the Supreme Court of Alaska held that only a personal representative of an estate has the power to appear in court on behalf of the estate.  Aurora Landau sued her former employer for unpaid compensation, naming the company and its two owners as defendants.  One of the owners died while the Continue Reading »

In re Angelette, LLC

Posted on January 30th, 2019

In In re Angelette, LLC,[1] the United States District Court for the District of Alaska determined that maintenance and cure claims are not subject to the Limitation of Liability Act, making the shipowner’s duty to pay maintenance and cure virtually automatic.  Jay Thomassen is the sole member of Angelette, LLC; a corporation that owned a Continue Reading »

McGuire v. State

Posted on December 3rd, 2018

In Mcguire v. State,[1] the Alaska Court of Appeals held that when an officer has probable cause to arrest an individual for a drug offense, and has reason to believe that the individual might have other evidence of that offense on his person, the officer is authorized to conduct a pat-down search. During a traffic Continue Reading »

Silas v. State

Posted on December 3rd, 2018

In Silas v. State[1] the Alaska Court of Appeals held that an individual’s revocation of probation requires a finding of good cause. Roy Silas was convicted of second-degree sexual abuse of a minor and served a term of active imprisonment followed by 10 years of probation with a 5-year suspended term of imprisonment. A condition Continue Reading »

Pfister v. State

Posted on December 3rd, 2018

In Pfister v. State,[1] the Alaska Court of Appeals held that a surviving felony accomplice may be prosecuted for manslaughter when a fellow accomplice is killed by the victim or responding police officers.  Brian Albert Pfister and two accomplices broke into the home of a marijuana grower and robbed him. Pfister waited outside while his Continue Reading »

Pulusila v. State

Posted on December 3rd, 2018

In Pulusila v. State,[1] the Alaska Court of Appeals held that in interpreting a condition of probation, a court must consider (1) whether a particular interpretation would ensure public safety or foster the defendant’s rehabilitation, and (2) how a reasonable person in the defendant’s place would understand the probation condition. In September 2016, Pulusila was Continue Reading »