FAMILY LAW Mike Keramidas In M.M. ex rel. Kirkland v. State, Department of Administration, the supreme court held that (1) the Office of Public Advocacy (OPA) could contract with third-party service providers to fulfill its duty of providing wards with in-person quarterly visits, and (2) a “next friend” could not be held personally liable for Continue Reading »
CONSTITUTIONAL LAW Daisy Gray In Barnebey v. Department of Administration, Division of Motor Vehicles, the supreme court held that a Division of Motor Vehicles (DMV) hearing officer did not violate Barnebey’s due process rights by revoking his driver’s license because of his breath test results without considering margin of error evidence. A state trooper stopped Barnebey Continue Reading »
CRIMINAL LAW Andrew Webb In Karrv. State, the court of appeals held that the Covid-19 pandemic constituted new information for the purposes of considering a second or subsequent bail review hearing. James Karr, Darrell Sam, and Erwin Nashoanak each appealed their denial for applications for a second or subsequent bail review hearing after the superior Continue Reading »
TORT LAW Matthew Naiman In McCormick v. Chippewa, Inc., the supreme court held that the superior court did not abuse its discretion when it limited discovery to documents created in the time period surrounding the settlement agreement in question. In 2007, McCormick was injured while working on a vessel owned by Chippewa, Inc. After learning Continue Reading »
HEALTH LAW Mike Keramidas In Israel v. State, Department of Corrections, the supreme court held that a diagnosis of paranoid schizophrenia based on delusions was correct as a matter of law when the diagnosed party’s evidence was “too incredible to be believed” and therefore insufficient to defeat a summary judgment motion. Psychiatrists from the Alaska Continue Reading »
EMPLOYMENT LAW Natalie Howard In Lovely v. Baker Hughes, Inc., the supreme court held that for purposes of the Alaska Workers’ Compensation Act (AWCA), a project owner must actually contract with a person to perform specific work as well as enjoy the beneficial use of that work. Several construction workers received workers’ compensation from their Continue Reading »
FAMILY LAW Angela Sbano In C.D. v. State, the supreme court held that fairness required the court to establish an exclusionary rule whereby a minor’s own testimonial evidence at a waiver hearing could not subsequently be used against him as evidence in juvenile adjudication or adult criminal proceedings. 15-year-old C.D. was charged with first degree Continue Reading »
CIVIL PROCEDURE Savannah Artusi In Norman v. State, Department of Health & Social Services, the supreme court held that a court may not accept a party’s offer as proof of the facts if the opposing party objects. The Department of Health & Social Services Office of Children’s Services (OCS) initiated proceedings to terminate a father’s Continue Reading »
FAMILY LAW Melissa English In State, Department of Health & Social Services v. Dara S., the supreme court held that the superior court did not clearly err by reinstating a mother’s parental rights, finding that this was in the best interest of the child. In a previous decision, the supreme court held that a superior Continue Reading »
CRIMINAL LAW Andrew Webb In Powell v. State, the court of appeals held that, in light of new case law, a Rule 60(b) motion may be filed to challenge erroneous procedural rulings in post-conviction relief proceedings, but final judgments are not entitled to relief based on prospective application of new case law. Following a jury Continue Reading »
