Year In Review

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 »

Jordan v. Jordan

Posted on January 1st, 2022

FAMILY LAW Adam Beyer In Jordan v. Jordan, 480 P.3d 626 (Alaska 2021), the supreme court held that a lower court acted in error when it provided a “dollar for dollar” adjustment in a divorce asset distribution for non-divisible property instead of evaluating the financial condition of the parties holistically. (Id. at 638). During divorce Continue Reading »

Ledbetter v. State

Posted on January 1st, 2022

CRIMINAL LAW Maddie Ayer In Ledbetter v. State, 482 P.3d 1033 (Alaska Ct. App. 2021), the court of appeals held that a prosecutor’s repeated erroneous characterizations of the law of self-defense during closing argument, combined with other inflammatory and prejudicial remarks, amounted to plain error, requiring reversal of the defendant’s conviction. (Id. at 1037). Ledbetter Continue Reading »

Alaska Public Offices Commission v. Not Tammie

Posted on January 1st, 2022

ELECTION LAW Clara Nieman In Alaska Public Offices Commission v. Not Tammie, 482 P.3d 386 (Alaska 2021), the supreme court held that (1) the governor must explicitly, not implicitly, assign Alaska Public Offices Commission (APOC) hearing officers, and (2) the governor-appointed hearing officer may be an agency employee or commissioner. (Id. at 388–89). During an Continue Reading »

Cook v. Quashnick

Posted on January 1st, 2022

BUSINESS LAW Hannah Rogers In Cook v. Quashnick, 484 P.3d 1026 (Alaska 2021), the supreme court held that Alaska Rule of Civil Procedure 82, rather than the attorney’s fees provision of Alaska’s Unfair Trade Practices and Consumer Act (UTPA), applied to determine the proper fee award in an offer of judgment to settle a case Continue Reading »

Bragaw v. State

Posted on January 1st, 2022

CRIMINAL LAW Margot Graham In Bragaw v. State, 482 P.3d 1023 (Alaska Ct. App. 2021), the court of appeals held that trial courts must consider the validity of drug recognition evaluation (DRE) evidence under the Daubert standard for admissibility. (Id. at 1032). Bragaw was arrested for driving under the influence and completed a DRE, which Continue Reading »

Bohn v. Providence Health Services – Washington

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 »

Aubert v. Wilson

Posted on January 1st, 2022

FAMILY LAW Hannah Rogers In Aubert v. Wilson, 483 P.3d 179 (Alaska 2021), the supreme court held that the superior court did not abuse its discretion in awarding a disproportionately high share of the marital estate to one spouse when the other spouse died after the divorce decree but before the distribution of marital property. Continue Reading »

Clark J. 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 Clark J. v. State, Department of Health & Social Services, Office of Children’s Services, 483 P.3d 896 (Alaska 2021), the supreme court reversed the Superior Court’s termination of parental rights, finding clear error where the Office of Children’s Services (OCS) had failed to make active efforts to Continue Reading »

Buntin v. Schlumberger Technology Corp.

Posted on January 1st, 2022

EMPLOYMENT LAW Hannah Rogers In Buntin v. Schlumberger Technology Corp., 487 P.3d 595 (Alaska 2021), the supreme court held that an employer is required to prove an exemption to the overtime provisions of the Alaska Wage and Hour Act (AWHA) by preponderance of the evidence and that the court must give AWHA exemptions a fair Continue Reading »

Year In Review

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 »

Jordan v. Jordan

Posted on January 1st, 2022

FAMILY LAW Adam Beyer In Jordan v. Jordan, 480 P.3d 626 (Alaska 2021), the supreme court held that a lower court acted in error when it provided a “dollar for dollar” adjustment in a divorce asset distribution for non-divisible property instead of evaluating the financial condition of the parties holistically. (Id. at 638). During divorce Continue Reading »

Ledbetter v. State

Posted on January 1st, 2022

CRIMINAL LAW Maddie Ayer In Ledbetter v. State, 482 P.3d 1033 (Alaska Ct. App. 2021), the court of appeals held that a prosecutor’s repeated erroneous characterizations of the law of self-defense during closing argument, combined with other inflammatory and prejudicial remarks, amounted to plain error, requiring reversal of the defendant’s conviction. (Id. at 1037). Ledbetter Continue Reading »

Alaska Public Offices Commission v. Not Tammie

Posted on January 1st, 2022

ELECTION LAW Clara Nieman In Alaska Public Offices Commission v. Not Tammie, 482 P.3d 386 (Alaska 2021), the supreme court held that (1) the governor must explicitly, not implicitly, assign Alaska Public Offices Commission (APOC) hearing officers, and (2) the governor-appointed hearing officer may be an agency employee or commissioner. (Id. at 388–89). During an Continue Reading »

Cook v. Quashnick

Posted on January 1st, 2022

BUSINESS LAW Hannah Rogers In Cook v. Quashnick, 484 P.3d 1026 (Alaska 2021), the supreme court held that Alaska Rule of Civil Procedure 82, rather than the attorney’s fees provision of Alaska’s Unfair Trade Practices and Consumer Act (UTPA), applied to determine the proper fee award in an offer of judgment to settle a case Continue Reading »

Bragaw v. State

Posted on January 1st, 2022

CRIMINAL LAW Margot Graham In Bragaw v. State, 482 P.3d 1023 (Alaska Ct. App. 2021), the court of appeals held that trial courts must consider the validity of drug recognition evaluation (DRE) evidence under the Daubert standard for admissibility. (Id. at 1032). Bragaw was arrested for driving under the influence and completed a DRE, which Continue Reading »

Bohn v. Providence Health Services – Washington

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 »

Aubert v. Wilson

Posted on January 1st, 2022

FAMILY LAW Hannah Rogers In Aubert v. Wilson, 483 P.3d 179 (Alaska 2021), the supreme court held that the superior court did not abuse its discretion in awarding a disproportionately high share of the marital estate to one spouse when the other spouse died after the divorce decree but before the distribution of marital property. Continue Reading »

Clark J. 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 Clark J. v. State, Department of Health & Social Services, Office of Children’s Services, 483 P.3d 896 (Alaska 2021), the supreme court reversed the Superior Court’s termination of parental rights, finding clear error where the Office of Children’s Services (OCS) had failed to make active efforts to Continue Reading »

Buntin v. Schlumberger Technology Corp.

Posted on January 1st, 2022

EMPLOYMENT LAW Hannah Rogers In Buntin v. Schlumberger Technology Corp., 487 P.3d 595 (Alaska 2021), the supreme court held that an employer is required to prove an exemption to the overtime provisions of the Alaska Wage and Hour Act (AWHA) by preponderance of the evidence and that the court must give AWHA exemptions a fair Continue Reading »