Year In Review

Public Safety Employees Association, AFSCME Local 803, AFL-CIO v. City of Fairbanks

Posted on December 3rd, 2018

In Public Safety Employees Association, AFSCME Local 803, AFL-CIO v. City of Fairbanks,[1] the supreme court held that a city council’s politically motivated rejection of a collective bargaining agreement is not a violation of Alaska’s Public Employer Relations Act (the Act). In 2013, the City of Fairbanks began negotiating a new collective bargaining agreement with Continue Reading »

Cottini v. Berggren

Posted on December 3rd, 2018

In Cottini v. Berggren,[1] the supreme court held that former agents may be entitled to attorney’s fees for defending against their former principal’s challenge to the agent’s accounting of costs of their former guardianship-relationship. Cottini acted as Berggren’s guardian after Berggren suffered a traumatic brain injury. After Berggren recovered, Berggren objected to Cottini’s accounting of Continue Reading »

Solomon v. Solomon

Posted on December 3rd, 2018

In Solomon v. Solomon[1], the Supreme Court of Alaska held that a trial court must make sufficient factual findings to allow review of its legal conclusion an individual has a history of domestic violence. Terrace and Wendy Solomon married in 1999 and had four children; the two separated in 2014, and in January 2015 Wendy Continue Reading »

Kailyn S. v. Alaska Department of Health and Social Services

Posted on December 3rd, 2018

In Kailyn S. v Alaska Department of Health and Social Services,[1] the supreme court held that it is not an abuse of discretion to deny a motion for a continuance in a termination of parental rights hearing when the motion is only supported by a speculative assertion that it is necessary.  Kailyn, a mother, filed for Continue Reading »

Maxwell v. Sosnowski

Posted on December 3rd, 2018

In Maxwell v. Sosnowski,[1] the supreme court held that a court may only award credit for post-separation mortgage payments for those payments made after the date of separation. Jill Maxwell and William Sosnowski permanently separated on May 31, 2013, and were later divorced. During their marriage, they had purchased a triplex in Anchorage together. Sosnowski Continue Reading »

Dean S. v. State, Department of Health & Social Services

Posted on December 3rd, 2018

In Dean S. v. State, Department of Health & Social Services,[1] the supreme court held that a superior court’s procedurally proper denial of a motion to withdraw consent to adoption will not be overturned absent clear error established by a “definite impression” of factual error in the record. Dean and Emily S. were investigated by Continue Reading »

State v. Thompson

Posted on November 26th, 2018

In State v. Thompson,[1] the court of appeals held that bail violations during a certain period were not per se criminal offenses and so do not disqualify defendants from getting credit for time served while under electronic monitoring. In February 2016, Thompson was arrested for driving under the influence and released on pre-trial bail with Continue Reading »

Ladick v. State

Posted on November 26th, 2018

In Ladick v. State,[1] the court of appeals held that when the government prosecutes defendants for breath-test refusal it must prove a causal connection between the arrest and the act of driving or operating a motor vehicle. After a state trooper discovered Ladick intoxicated while sitting in a parked car in a power line easement, Continue Reading »

Johnson v. State

Posted on November 26th, 2018

In Johnson v. State,[1] the court of appeals held that a court must affirmatively assess probation conditions restricting familial association with special scrutiny. In 2012, during an altercation between Johnson and a man named Michael Plummer, Plummer was stabbed and killed by Johnson’s son Spencer. Johnson plead guilty to manslaughter, but the terms of his Continue Reading »

Wyman v. Whitson

Posted on November 26th, 2018

In Wyman v. Whitson,[1] the supreme court held that because fishing permits and quota shares are perpetual intangible assets with an indefinite useful life, an amortization of those assets is not deductible from income for child support purposes. Wyman, a self-employed commercial fisherman, owned several fishing permits and individual fishing quota shares as part of Continue Reading »

Year In Review

Public Safety Employees Association, AFSCME Local 803, AFL-CIO v. City of Fairbanks

Posted on December 3rd, 2018

In Public Safety Employees Association, AFSCME Local 803, AFL-CIO v. City of Fairbanks,[1] the supreme court held that a city council’s politically motivated rejection of a collective bargaining agreement is not a violation of Alaska’s Public Employer Relations Act (the Act). In 2013, the City of Fairbanks began negotiating a new collective bargaining agreement with Continue Reading »

Cottini v. Berggren

Posted on December 3rd, 2018

In Cottini v. Berggren,[1] the supreme court held that former agents may be entitled to attorney’s fees for defending against their former principal’s challenge to the agent’s accounting of costs of their former guardianship-relationship. Cottini acted as Berggren’s guardian after Berggren suffered a traumatic brain injury. After Berggren recovered, Berggren objected to Cottini’s accounting of Continue Reading »

Solomon v. Solomon

Posted on December 3rd, 2018

In Solomon v. Solomon[1], the Supreme Court of Alaska held that a trial court must make sufficient factual findings to allow review of its legal conclusion an individual has a history of domestic violence. Terrace and Wendy Solomon married in 1999 and had four children; the two separated in 2014, and in January 2015 Wendy Continue Reading »

Kailyn S. v. Alaska Department of Health and Social Services

Posted on December 3rd, 2018

In Kailyn S. v Alaska Department of Health and Social Services,[1] the supreme court held that it is not an abuse of discretion to deny a motion for a continuance in a termination of parental rights hearing when the motion is only supported by a speculative assertion that it is necessary.  Kailyn, a mother, filed for Continue Reading »

Maxwell v. Sosnowski

Posted on December 3rd, 2018

In Maxwell v. Sosnowski,[1] the supreme court held that a court may only award credit for post-separation mortgage payments for those payments made after the date of separation. Jill Maxwell and William Sosnowski permanently separated on May 31, 2013, and were later divorced. During their marriage, they had purchased a triplex in Anchorage together. Sosnowski Continue Reading »

Dean S. v. State, Department of Health & Social Services

Posted on December 3rd, 2018

In Dean S. v. State, Department of Health & Social Services,[1] the supreme court held that a superior court’s procedurally proper denial of a motion to withdraw consent to adoption will not be overturned absent clear error established by a “definite impression” of factual error in the record. Dean and Emily S. were investigated by Continue Reading »

State v. Thompson

Posted on November 26th, 2018

In State v. Thompson,[1] the court of appeals held that bail violations during a certain period were not per se criminal offenses and so do not disqualify defendants from getting credit for time served while under electronic monitoring. In February 2016, Thompson was arrested for driving under the influence and released on pre-trial bail with Continue Reading »

Ladick v. State

Posted on November 26th, 2018

In Ladick v. State,[1] the court of appeals held that when the government prosecutes defendants for breath-test refusal it must prove a causal connection between the arrest and the act of driving or operating a motor vehicle. After a state trooper discovered Ladick intoxicated while sitting in a parked car in a power line easement, Continue Reading »

Johnson v. State

Posted on November 26th, 2018

In Johnson v. State,[1] the court of appeals held that a court must affirmatively assess probation conditions restricting familial association with special scrutiny. In 2012, during an altercation between Johnson and a man named Michael Plummer, Plummer was stabbed and killed by Johnson’s son Spencer. Johnson plead guilty to manslaughter, but the terms of his Continue Reading »

Wyman v. Whitson

Posted on November 26th, 2018

In Wyman v. Whitson,[1] the supreme court held that because fishing permits and quota shares are perpetual intangible assets with an indefinite useful life, an amortization of those assets is not deductible from income for child support purposes. Wyman, a self-employed commercial fisherman, owned several fishing permits and individual fishing quota shares as part of Continue Reading »