Year In Review

Watson v. State

Posted on January 1st, 2022

CRIMINAL LAW Mary Beth Barksdale In Watson v. State, 487 P.3d 568 (Alaska 2021), the supreme court upheld Alaska Statute 47.12.030 as constitutional under the Alaska Constitution’s equal protection clause. (Id. at 570). The defendant was a minor convicted on two counts of misdemeanor DUI. (Id.). On appeal, the defendant argued that the criminal statute, Continue Reading »

Bunton v. Alaska Airlines, Inc.

Posted on January 1st, 2022

HEALTH LAW Peter Graham In Bohn v. Providence Health Services – Washington, 484 P.3d 584 (Alaska 2021), the supreme court held that a healthcare provider was not immunized under Alaska’s Health Care Decisions Act (HCDA) when the provider denied decisionmaking authority to a patient’s agent and surrogate under the good faith belief that the patient’s Continue Reading »

ResQSoft, Inc. v. Protech Solutions, Inc.    

Posted on January 1st, 2022

CONTRACT LAW Sasha Kahn In ResQSoft, Inc. v. Protech Solutions, Inc., 488 P.3d 979 (Alaska 2021), the supreme court held that non-contractual claims, even when arising out of state statutory law or equitable principles, may still be subject to the forum selection clause within the contract if the claims arise from or relate to the Continue Reading »

Fairbanks Gold Mining, Inc. v. Fairbanks North Star Borough Assessor

Posted on January 1st, 2022

TAX LAW Adam Beyer In Fairbanks Gold Mining, Inc. v. Fairbanks North Star Borough Assessor, 488 P.3d 959 (Alaska 2021), the supreme court held that value accrued from waste stripping was not exempt from local revenue taxation. (Id. at 966). Under Alaska law, “natural resources in place” are exempt from local government taxation. (Id.). This Continue Reading »

King v. State

Posted on January 1st, 2022

CRIMINAL LAW Daniel Clark In King v. State, 487 P.3d 242 (Alaska Ct. App. 2021), the court of appeals held that sufficient factual findings may support multiple convictions for the same criminal charges without comprising the “same offense” for double jeopardy purposes, so long as the individual convictions relate to independent events occurring at different Continue Reading »

Walker E. v. State, Department of Health & Social Services, Office of Children’s Services

Posted on January 1st, 2022

NATIVE LAW, FAMILY LAW Mary Beth Barksdale In Walker E. v. State, Department of Health & Social Services., Office of Children’s Services, 480 P.3d 598, 607 (Alaska 2021), the supreme court upheld the termination of parental rights under the Indian Child Welfare Act (ICWA) and AS 47.10 where the Office of Children’s Services (OCS) had Continue Reading »

Werba v. Ass’n of Village Council Presidents

Posted on January 1st, 2022

EMPLOYMENT LAW Emma Giusto In Werba v. Ass’n of Village Council Presidents, 480 P.3d 1200 (Alaska, 2021), the supreme court held that (1) trial courts have the discretion to allow parties to cure deficiencies in summary judgment motions, and (2) testimony that a former employee may have been deceived about the temporary nature of a Continue Reading »

Creekside Ltd. Partnership v. Alaska Housing Finance Corp.

Posted on January 1st, 2022

ADMINISTRATIVE LAW Peter Graham In Creekside Ltd. Partnership v. Alaska Housing Finance Corp., 482 P.3d 377 (Alaska 2021), the supreme court held that a housing developer could not terminate the extended affordability period under its Low-Income Housing Tax Credit Program development before the end of the 15-year extended affordability period when a condition of its Continue Reading »

Kimp v. Fire Lake Plaza II, LLC

Posted on January 1st, 2022

PROPERTY LAW Sloane Bessey In Kimp v. Fire Lake Plaza II, LLC, 484 P.3d 80 (Alaska 2021), the supreme court held that, barring ambiguity, the language of the lease controls when determining breach of lease claims, and that not paying rent is not the type of economic loss required for a promissory estoppel claim. (Id. Continue Reading »

Maves v. State, Department of Public Safety

Posted on January 1st, 2022

CRIMINAL LAW Melissa Gustafson In Maves v. State, Department of Public Safety, 479 P.3d 399 (Alaska 2021), the supreme court held sexual assault convictions set aside by courts before the 1999 amendment to the Alaska Sex Offenders Registration Act (ASORA) do not constitute “convictions” as outlined in the statute. (Id. at 402). In 1997, Maves Continue Reading »

Year In Review

Watson v. State

Posted on January 1st, 2022

CRIMINAL LAW Mary Beth Barksdale In Watson v. State, 487 P.3d 568 (Alaska 2021), the supreme court upheld Alaska Statute 47.12.030 as constitutional under the Alaska Constitution’s equal protection clause. (Id. at 570). The defendant was a minor convicted on two counts of misdemeanor DUI. (Id.). On appeal, the defendant argued that the criminal statute, Continue Reading »

Bunton v. Alaska Airlines, Inc.

Posted on January 1st, 2022

HEALTH LAW Peter Graham In Bohn v. Providence Health Services – Washington, 484 P.3d 584 (Alaska 2021), the supreme court held that a healthcare provider was not immunized under Alaska’s Health Care Decisions Act (HCDA) when the provider denied decisionmaking authority to a patient’s agent and surrogate under the good faith belief that the patient’s Continue Reading »

ResQSoft, Inc. v. Protech Solutions, Inc.    

Posted on January 1st, 2022

CONTRACT LAW Sasha Kahn In ResQSoft, Inc. v. Protech Solutions, Inc., 488 P.3d 979 (Alaska 2021), the supreme court held that non-contractual claims, even when arising out of state statutory law or equitable principles, may still be subject to the forum selection clause within the contract if the claims arise from or relate to the Continue Reading »

Fairbanks Gold Mining, Inc. v. Fairbanks North Star Borough Assessor

Posted on January 1st, 2022

TAX LAW Adam Beyer In Fairbanks Gold Mining, Inc. v. Fairbanks North Star Borough Assessor, 488 P.3d 959 (Alaska 2021), the supreme court held that value accrued from waste stripping was not exempt from local revenue taxation. (Id. at 966). Under Alaska law, “natural resources in place” are exempt from local government taxation. (Id.). This Continue Reading »

King v. State

Posted on January 1st, 2022

CRIMINAL LAW Daniel Clark In King v. State, 487 P.3d 242 (Alaska Ct. App. 2021), the court of appeals held that sufficient factual findings may support multiple convictions for the same criminal charges without comprising the “same offense” for double jeopardy purposes, so long as the individual convictions relate to independent events occurring at different Continue Reading »

Walker E. v. State, Department of Health & Social Services, Office of Children’s Services

Posted on January 1st, 2022

NATIVE LAW, FAMILY LAW Mary Beth Barksdale In Walker E. v. State, Department of Health & Social Services., Office of Children’s Services, 480 P.3d 598, 607 (Alaska 2021), the supreme court upheld the termination of parental rights under the Indian Child Welfare Act (ICWA) and AS 47.10 where the Office of Children’s Services (OCS) had Continue Reading »

Werba v. Ass’n of Village Council Presidents

Posted on January 1st, 2022

EMPLOYMENT LAW Emma Giusto In Werba v. Ass’n of Village Council Presidents, 480 P.3d 1200 (Alaska, 2021), the supreme court held that (1) trial courts have the discretion to allow parties to cure deficiencies in summary judgment motions, and (2) testimony that a former employee may have been deceived about the temporary nature of a Continue Reading »

Creekside Ltd. Partnership v. Alaska Housing Finance Corp.

Posted on January 1st, 2022

ADMINISTRATIVE LAW Peter Graham In Creekside Ltd. Partnership v. Alaska Housing Finance Corp., 482 P.3d 377 (Alaska 2021), the supreme court held that a housing developer could not terminate the extended affordability period under its Low-Income Housing Tax Credit Program development before the end of the 15-year extended affordability period when a condition of its Continue Reading »

Kimp v. Fire Lake Plaza II, LLC

Posted on January 1st, 2022

PROPERTY LAW Sloane Bessey In Kimp v. Fire Lake Plaza II, LLC, 484 P.3d 80 (Alaska 2021), the supreme court held that, barring ambiguity, the language of the lease controls when determining breach of lease claims, and that not paying rent is not the type of economic loss required for a promissory estoppel claim. (Id. Continue Reading »

Maves v. State, Department of Public Safety

Posted on January 1st, 2022

CRIMINAL LAW Melissa Gustafson In Maves v. State, Department of Public Safety, 479 P.3d 399 (Alaska 2021), the supreme court held sexual assault convictions set aside by courts before the 1999 amendment to the Alaska Sex Offenders Registration Act (ASORA) do not constitute “convictions” as outlined in the statute. (Id. at 402). In 1997, Maves Continue Reading »