TORT LAW Andrew Webb Sampson v. Alaskan Airlines, Inc. In Sampson v. Alaskan Airlines, Inc., 467 P.3d 1072 (Alaska 2020), the supreme court held that a special verdict form requiring proof by a “reasonable degree of certainty,” instead of the correct standard of “reasonably probable,” did not constitute plain error. (Id. at 1075). After Sampson Continue Reading »
FAMILY LAW / NATIVE LAW Jacob Keohane Matter of April S. In the Matter of April S., 467 P.3d 1091 (Alaska, 2020), the supreme court ruled that an out-of-state mental health professional qualified as an expert under the Indian Child Welfare Act (ICWA), given the severity of the child’s psychiatric conditions. The ICWA requires Continue Reading »
EMPLOYMENT LAW Christopher Dodd James v. Alaska Frontier Constructors, Inc. In James v. Alaska Frontier Constructors, Inc., 468 P.3d 711 (Alaska 2020), the supreme court held that there was insufficient evidence to determine corporate relationships between three companies, and it was therefore inappropriate to grant summary judgement based on immunity under the Alaska Workers’ Continue Reading »
HEALTH Savannah Artusi In re Necessity for the Hospitalization of Rabi R. In In re Necessity for the Hospitalization of Rabi R., 468 P.3d 721 (Alaska 2020), the supreme court held that the lower court’s failure to order a screening investigation upon receipt of a petition for involuntary detention for psychiatric evaluation was harmless Continue Reading »
CRIMINAL PROCEDURE Natalie Howard Hedrick v. State In Hedrick v. State, 474 P.3d 4 (Alaska Ct. App. 2020), the court of appeals upheld a criminal defendant’s waiver of his right to a jury trial because the trial judge had adequately advised him of his right. (Id. at 5). Hunter Hedrick was charged with multiple Continue Reading »
INSURANCE LAW Angela Sbano Downing v. Country Life Insurance Company In Downing v. Country Life Insurance Company, 473 P.3d 699 (2020), the Supreme Court of Alaska affirmed the superior court’s decision that a mother’s interpretation of her late daughter’s life insurance policy was unreasonable, and that the insurance company had paid out the proper Continue Reading »
ADMIRALTY LAW Kristen M. Renberg, PhD Chaney v. State In Chaney v. States, 478 P.3d 222, (Alaska Ct. App. 2020), the court of appeals held that a defendant was properly convicted of fishing with an overlength commercial salmon seine vessel and the regulation for measuring the length of vessels adopted by the State’s Board Continue Reading »
ETHICS AND PROFESSIONAL RESPONSIBILITY Macklin Willigan Carr v. Alaska Bar Association In Carr v. Alaska Bar Association (475 P.3d 269 (Alaska 2020)), the supreme court held that health concerns related to the COVID-19 pandemic did not warrant allowing bar applicants to practice law without taking and passing the bar examination. (Id. at 269.). Seven Continue Reading »
ADMINISTRATIVE LAW EMPLOYMENT LAW Kate Goldberg Baker v. Alaska State Commission for Human Rights In Baker v. Alaska State Commission for Human Rights, 476 P.3d 1120 (Alaska 2020), the supreme court held a commission’s dismissal of a discrimination complaint was not so arbitrary and capricious as to offend due process (id. at 1127) and Continue Reading »
CIVIL PROCEDURE Daisy Gray Alleva v. Municipality of Anchorage In Alleva v. Municipality of Anchorage, 467 P.3d 1083 (Alaska 2020), the supreme court held that the superior court properly considered a settlement agreement that plaintiffs referenced in but did not attach to their complaint in granting defendants’ motion to dismiss, and that the settlement Continue Reading »