Year In Review

Susan M. v. Paul H.

Posted on April 4th, 2016

[FAMILY LAW]   In Susan M. v. Paul H.,[1] the supreme court held that unilateral denial of custodial visitation on the basis of repeated custody violations meets the standard of “just cause.”[2] The parties are the divorced parents of four children.[3] Paul was granted sole custody and Susan was granted supervised visitation; however, Susan retained Continue Reading »

Lybourn v. City of Wasilla

Posted on April 4th, 2016

[CONTRACT LAW]   In Lybourn v. City of Wasilla[1], the supreme court held an easement agreement with the phrase “subject to” to be unambiguously conditional. Property owners granted a utility easement to the City in exchange for City building an access road across the property, upon obtaining necessary permits and funding.[2] The City installed water Continue Reading »

City of Juneau v. State

Posted on April 4th, 2016

[CRIMINAL PROCEDURE]   In City of Juneau v. State,[1] the supreme court held that the local Boundary Commission was not required to conduct a “head-to-head” analysis as between a dissolving city and a neighboring borough to determine whether the city had superior common interests to the contested area, in order to satisfy its constitutional obligations Continue Reading »

Brandner v. Pease

Posted on April 4th, 2016

[TORT LAW]   In Brandner v. Pease,[1] the supreme court held that evidence on how a treatment affects patients in general is insufficient to establish causation in medical malpractice suits if it fails to show how the specific patient might have been affected.[2] After undergoing emergency heart surgery in 2009, Michael Brandner sued his anesthesiologist Continue Reading »

Rowan B. v. State

Posted on April 4th, 2016

[FAMILY LAW]   In Rowan B. v. State[1], the supreme court held a father seeking to delay proceedings to terminate his parental rights pending appeal of his criminal convictions for physically and sexually abusing his daughters, fails to establish good cause to warrant a continuance.[2] In 2012, Rowan B.’s adult stepdaughter reported to the Office Continue Reading »

Municipality of Anchorage v. Stenseth

Posted on April 4th, 2016

[EMPLOYMENT LAW]   In Municipality of Anchorage v. Stenseth,[1] the supreme court held that equitable estoppel prevents an employer from avoiding an employee settlement agreement by later denying the authority of its agents to settle the case.[2] In 1996, Lee Stenseth entered into a compromise and release agreement with his employer, the Municipality of Anchorage Continue Reading »

RBG Bush Planes, LLC v. Alaska Public Offices Commission

Posted on April 4th, 2016

[ELECTION LAW]   In RBG Bush Planes, LLC v. Alaska Public Offices Commission,[1] the supreme court held that a Commission decision to fine a corporation which engaged in illegal corporate contributions can be appropriate when the fine serves the legislature’s intentions.[2] The Alaska Public Offices Commission investigated complaints about RBG Bush Planes, LLC, a corporation, Continue Reading »

Richardson v. Municipality of Anchorage

Posted on April 4th, 2016

[CRIMINAL PROCEDURE]   In Richardson v. Municipality of Anchorage,[1] the supreme court held that a cause of action accrues when a party knows or should know that he has a claim.[2] Richardson filed a complaint alleging obstruction of justice, trespass, unlawful arrest and false imprisonment from events that transpired when he was arrested for a Continue Reading »

Wells v. Barile

Posted on April 4th, 2016

[FAMILY LAW]   In Wells v. Barile, [1] the supreme court held that it may be proper to grant child support after a significant modification in custody, even if the moving party did not request it.[2] After a divorce, Wells and Barile agreed to share physical custody of their son equally.[3] Wells later remarried and had Continue Reading »

Luker v. Sykes

Posted on April 3rd, 2016

[PROPERTY LAW] In Luker v. Sykes, the supreme court held that a federally granted right of way cannot exist over lands reserved for private uses at the time their survey section lines are created.[1] Landowners purchased land previously owned by their neighbor.[2] They disputed whether there was a right of way over a section of Continue Reading »

Year In Review

Susan M. v. Paul H.

Posted on April 4th, 2016

[FAMILY LAW]   In Susan M. v. Paul H.,[1] the supreme court held that unilateral denial of custodial visitation on the basis of repeated custody violations meets the standard of “just cause.”[2] The parties are the divorced parents of four children.[3] Paul was granted sole custody and Susan was granted supervised visitation; however, Susan retained Continue Reading »

Lybourn v. City of Wasilla

Posted on April 4th, 2016

[CONTRACT LAW]   In Lybourn v. City of Wasilla[1], the supreme court held an easement agreement with the phrase “subject to” to be unambiguously conditional. Property owners granted a utility easement to the City in exchange for City building an access road across the property, upon obtaining necessary permits and funding.[2] The City installed water Continue Reading »

City of Juneau v. State

Posted on April 4th, 2016

[CRIMINAL PROCEDURE]   In City of Juneau v. State,[1] the supreme court held that the local Boundary Commission was not required to conduct a “head-to-head” analysis as between a dissolving city and a neighboring borough to determine whether the city had superior common interests to the contested area, in order to satisfy its constitutional obligations Continue Reading »

Brandner v. Pease

Posted on April 4th, 2016

[TORT LAW]   In Brandner v. Pease,[1] the supreme court held that evidence on how a treatment affects patients in general is insufficient to establish causation in medical malpractice suits if it fails to show how the specific patient might have been affected.[2] After undergoing emergency heart surgery in 2009, Michael Brandner sued his anesthesiologist Continue Reading »

Rowan B. v. State

Posted on April 4th, 2016

[FAMILY LAW]   In Rowan B. v. State[1], the supreme court held a father seeking to delay proceedings to terminate his parental rights pending appeal of his criminal convictions for physically and sexually abusing his daughters, fails to establish good cause to warrant a continuance.[2] In 2012, Rowan B.’s adult stepdaughter reported to the Office Continue Reading »

Municipality of Anchorage v. Stenseth

Posted on April 4th, 2016

[EMPLOYMENT LAW]   In Municipality of Anchorage v. Stenseth,[1] the supreme court held that equitable estoppel prevents an employer from avoiding an employee settlement agreement by later denying the authority of its agents to settle the case.[2] In 1996, Lee Stenseth entered into a compromise and release agreement with his employer, the Municipality of Anchorage Continue Reading »

RBG Bush Planes, LLC v. Alaska Public Offices Commission

Posted on April 4th, 2016

[ELECTION LAW]   In RBG Bush Planes, LLC v. Alaska Public Offices Commission,[1] the supreme court held that a Commission decision to fine a corporation which engaged in illegal corporate contributions can be appropriate when the fine serves the legislature’s intentions.[2] The Alaska Public Offices Commission investigated complaints about RBG Bush Planes, LLC, a corporation, Continue Reading »

Richardson v. Municipality of Anchorage

Posted on April 4th, 2016

[CRIMINAL PROCEDURE]   In Richardson v. Municipality of Anchorage,[1] the supreme court held that a cause of action accrues when a party knows or should know that he has a claim.[2] Richardson filed a complaint alleging obstruction of justice, trespass, unlawful arrest and false imprisonment from events that transpired when he was arrested for a Continue Reading »

Wells v. Barile

Posted on April 4th, 2016

[FAMILY LAW]   In Wells v. Barile, [1] the supreme court held that it may be proper to grant child support after a significant modification in custody, even if the moving party did not request it.[2] After a divorce, Wells and Barile agreed to share physical custody of their son equally.[3] Wells later remarried and had Continue Reading »

Luker v. Sykes

Posted on April 3rd, 2016

[PROPERTY LAW] In Luker v. Sykes, the supreme court held that a federally granted right of way cannot exist over lands reserved for private uses at the time their survey section lines are created.[1] Landowners purchased land previously owned by their neighbor.[2] They disputed whether there was a right of way over a section of Continue Reading »