Year In Review

Disciplinary Matter Involving Gayle Brown, Attorney

Posted on January 1st, 2022

ETHICS & PROFESSIONAL RESPONSIBILITY Hannah Rogers   Disciplinary Matter Involving Gayle Brown, Attorney In Disciplinary Matter Involving Gayle Brown, Attorney, 481 P.3d 678 (Alaska 2021), the supreme court held that a three year and one day suspension with one year stay is an appropriate sanction for an attorney’s misconduct when the attorney has failed to Continue Reading »

Doan v. Banner Health

Posted on January 1st, 2022

CIVIL PROCEDURE Daniel Clark In Doan v. Banner Health, 485 P.3d 537 (Alaska 2021), the supreme court held that settlement funds may be withheld for non-settling defendants’ eventual attorneys’ fees; however, the court also held that reserved settlement funds may be partially distributed for the payment of plaintiff’s attorneys’ fees. (Id. at 542–45). In 2013, Continue Reading »

Kennedy v. Anchorage Police & Fire Retirement System

Posted on January 1st, 2022

EMPLOYMENT LAW Daniel Clark In Kennedy v. Anchorage Police & Fire Retirement System, 485 P.3d 1030 (Alaska 2021), the supreme court held that the Anchorage Municipal Codes require that court ordered damages or settlements be considered retroactive compensation in calculating retirement benefits; however, such retroactive compensation does not entitle retirees to accrue credited service for Continue Reading »

Matter of Mabel B.

Posted on January 1st, 2022

HEALTH LAW Peter Graham In the Matter of Mabel B., 485 P.3d 1018 (Alaska 2021), the supreme court held that the substantive due process rights of involuntarily committed mental health patients are violated when procedural delays to patients’ release or extended hospitalization are caused by understaffed mental health hospitalization facilities. (Id. at 1026). State law Continue Reading »

Beistline v. Footit

Posted on January 1st, 2022

HEALTH LAW Maddie Ayer In Beistline v. Footit, 485 P.3d 39 (Alaska 2021), the supreme court held that a pharmacist’s expert testimony was insufficient to create a genuine issue of material fact about the prevailing standard of care for an internist, affirming the lower court’s decision to grant summary judgment to the medical providers in Continue Reading »

State, Department of Corrections v. Porche

Posted on January 1st, 2022

ADMINISTRATIVE LAW Sloane Bessey In State, Department of Corrections v. Porche, 485 P.3d 1010 (Alaska 2021), the supreme court held that records from an unsubstantiated internal agency investigation are exempted from disclosure by the Alaska Open Records Act. (Id. at 1018). In May 2018, Porche was informed by the Department of Corrections (DOC) that he Continue Reading »

In re Protective Proceedings of Nora D.

Posted on January 1st, 2022

FAMILY LAW Megan Mason Dister In In re Protective Proceedings of Nora D., 485 P.3d 1058 (Alaska 2021), the supreme court held, under Alaska’s guardianship statute, Alaska Statute section 13.26.241(a), a respondent may refuse to answer questions in an interview other than questions about the respondent’s capacity to make personal medical decisions. (Id. at 1060). Continue Reading »

Alaska State Commission for Human Rights v. United Physical Therapy

Posted on January 1st, 2022

EMPLOYMENT LAW Adam Beyer In Alaska State Commission for Human Rights v. United Physical Therapy, 484 P.3d 599 (Alaska 2021), the supreme court held that the Alaska Workers’ Compensation Board acted reasonably when it interpreted the merits of a provider’s claim to require a review of the underlying medical care. (Id. at 606–07). The case Continue Reading »

State, Office of Lieutenant Governor v. Vote Yes for Alaska’s Fair Share

Posted on January 1st, 2022

ELECTION LAW Maddie Ayer In State, Office of Lieutenant Governor v. Vote Yes for Alaska’s Fair Share, 478 P.3d 679 (Alaska 2021), the supreme court held that the lieutenant governor’s summary of a ballot initiative was not true and impartial as required by law, and granted in part the lieutenant governor’s request to insert a Continue Reading »

Lord v. State

Posted on January 1st, 2022

CRIMINAL LAW Clara Nieman In Lord v. State, 489 P.3d 374 (Alaska Ct. App. 2021), the court of appeals held that Alaska’s “guilty but mentally ill” (GBMI) statutes did not violate equal protection of GBMI defendants by denying them the same treatment given to defendants found not guilty by reason of insanity, and that a Continue Reading »

Year In Review

Disciplinary Matter Involving Gayle Brown, Attorney

Posted on January 1st, 2022

ETHICS & PROFESSIONAL RESPONSIBILITY Hannah Rogers   Disciplinary Matter Involving Gayle Brown, Attorney In Disciplinary Matter Involving Gayle Brown, Attorney, 481 P.3d 678 (Alaska 2021), the supreme court held that a three year and one day suspension with one year stay is an appropriate sanction for an attorney’s misconduct when the attorney has failed to Continue Reading »

Doan v. Banner Health

Posted on January 1st, 2022

CIVIL PROCEDURE Daniel Clark In Doan v. Banner Health, 485 P.3d 537 (Alaska 2021), the supreme court held that settlement funds may be withheld for non-settling defendants’ eventual attorneys’ fees; however, the court also held that reserved settlement funds may be partially distributed for the payment of plaintiff’s attorneys’ fees. (Id. at 542–45). In 2013, Continue Reading »

Kennedy v. Anchorage Police & Fire Retirement System

Posted on January 1st, 2022

EMPLOYMENT LAW Daniel Clark In Kennedy v. Anchorage Police & Fire Retirement System, 485 P.3d 1030 (Alaska 2021), the supreme court held that the Anchorage Municipal Codes require that court ordered damages or settlements be considered retroactive compensation in calculating retirement benefits; however, such retroactive compensation does not entitle retirees to accrue credited service for Continue Reading »

Matter of Mabel B.

Posted on January 1st, 2022

HEALTH LAW Peter Graham In the Matter of Mabel B., 485 P.3d 1018 (Alaska 2021), the supreme court held that the substantive due process rights of involuntarily committed mental health patients are violated when procedural delays to patients’ release or extended hospitalization are caused by understaffed mental health hospitalization facilities. (Id. at 1026). State law Continue Reading »

Beistline v. Footit

Posted on January 1st, 2022

HEALTH LAW Maddie Ayer In Beistline v. Footit, 485 P.3d 39 (Alaska 2021), the supreme court held that a pharmacist’s expert testimony was insufficient to create a genuine issue of material fact about the prevailing standard of care for an internist, affirming the lower court’s decision to grant summary judgment to the medical providers in Continue Reading »

State, Department of Corrections v. Porche

Posted on January 1st, 2022

ADMINISTRATIVE LAW Sloane Bessey In State, Department of Corrections v. Porche, 485 P.3d 1010 (Alaska 2021), the supreme court held that records from an unsubstantiated internal agency investigation are exempted from disclosure by the Alaska Open Records Act. (Id. at 1018). In May 2018, Porche was informed by the Department of Corrections (DOC) that he Continue Reading »

In re Protective Proceedings of Nora D.

Posted on January 1st, 2022

FAMILY LAW Megan Mason Dister In In re Protective Proceedings of Nora D., 485 P.3d 1058 (Alaska 2021), the supreme court held, under Alaska’s guardianship statute, Alaska Statute section 13.26.241(a), a respondent may refuse to answer questions in an interview other than questions about the respondent’s capacity to make personal medical decisions. (Id. at 1060). Continue Reading »

Alaska State Commission for Human Rights v. United Physical Therapy

Posted on January 1st, 2022

EMPLOYMENT LAW Adam Beyer In Alaska State Commission for Human Rights v. United Physical Therapy, 484 P.3d 599 (Alaska 2021), the supreme court held that the Alaska Workers’ Compensation Board acted reasonably when it interpreted the merits of a provider’s claim to require a review of the underlying medical care. (Id. at 606–07). The case Continue Reading »

State, Office of Lieutenant Governor v. Vote Yes for Alaska’s Fair Share

Posted on January 1st, 2022

ELECTION LAW Maddie Ayer In State, Office of Lieutenant Governor v. Vote Yes for Alaska’s Fair Share, 478 P.3d 679 (Alaska 2021), the supreme court held that the lieutenant governor’s summary of a ballot initiative was not true and impartial as required by law, and granted in part the lieutenant governor’s request to insert a Continue Reading »

Lord v. State

Posted on January 1st, 2022

CRIMINAL LAW Clara Nieman In Lord v. State, 489 P.3d 374 (Alaska Ct. App. 2021), the court of appeals held that Alaska’s “guilty but mentally ill” (GBMI) statutes did not violate equal protection of GBMI defendants by denying them the same treatment given to defendants found not guilty by reason of insanity, and that a Continue Reading »