Justia Alaska Supreme Court Opinion Summaries

Portfolio Recovery Associates, LLC, a debt purchaser, filed suits against three consumers, Jeannie Duvall, Allease Riddle, and Lorrena Terry, to collect past-due credit card debts. The consumers counterclaimed, alleging that Portfolio's debt-collection practices violated Alaska's Unfair Trade Practices and Consumer Protection Act (UTPA). The superior courts ruled in favor of the consumers on Portfolio's debt-collection claims, finding insufficient admissible evidence to prove Portfolio's ownership of the debts or the amounts owed. The courts also ruled in favor of the consumers on some of their UTPA counterclaims, awarding statutory damages and attorney's fees.In Duvall's case, the superior court granted summary judgment on her UTPA counterclaim that Portfolio sought unauthorized fees and charges, finding Portfolio failed to produce the original credit card agreement. The court excluded a late-disclosed witness and certain documents as inadmissible hearsay. Portfolio's contract claim failed due to lack of evidence. The court awarded Duvall partial attorney's fees under the UTPA and Rule 82.In Riddle's case, the superior court granted summary judgment on her UTPA counterclaim, finding Portfolio lacked standing to sue without proving ownership of the debt. The court awarded Riddle statutory damages and partial attorney's fees, reducing the award due to excessive litigation by both parties.In Terry's case, the superior court ruled in her favor on Portfolio's contract claim and her UTPA counterclaims after a bench trial. The court found Portfolio's conduct unfair and deceptive, awarding Terry statutory damages and full attorney's fees.The Alaska Supreme Court affirmed the superior courts' rulings on the merits and statutory damages. It found no abuse of discretion in the evidentiary rulings or the exclusion of the late-disclosed witness. The court affirmed the attorney's fees award in Duvall, remanded the fees award in Riddle for reconsideration, and remanded the fees award in Terry for a minor correction. View "Portfolio Recovery Associates, LLC v. Duvall" on Justia Law

A creditor and a debtor’s law firm both claimed settlement funds held by the superior court. The creditor had a charging order against the debtor’s distributions from a limited liability company (LLC), while the law firm had an attorney’s lien on the funds. In a previous appeal, the attorney’s lien was deemed valid, but the case was remanded to determine if the funds were LLC distributions subject to the charging order and the value of the attorney’s lien.The superior court ruled that the funds were LLC distributions and subject to the charging order. It also found that the debtor failed to prove any money was owed to the law firm for work performed, thus invalidating the attorney’s lien. The court mistakenly released the funds to the creditor, who returned them within two days, but was sanctioned with attorney’s fees for temporarily keeping the funds.The debtor appealed, and the creditor cross-appealed the attorney’s fee award. The Supreme Court of Alaska affirmed the superior court’s rulings on the merits but reversed the attorney’s fee award. The court held that the funds were indeed LLC distributions subject to the charging order and that the debtor and law firm failed to prove the value of the attorney’s lien. The court also vacated the second final judgment and the attorney’s fee award against the creditor, finding no rule violation by the creditor. View "Baker v. Duffus" on Justia Law

Erna Rousey transferred five real properties and nearly $225,000 in cash assets to her son, James “Jimmy” Rousey, Jr., in the last few years of her life. After her death, her estate sought recission of these transfers, alleging undue influence. The estate argued that Erna lacked the mental capacity to make the transfers and that they were the product of fraud, undue influence, or coercion. Jimmy contended that the transfers were valid gifts and that Erna had sufficient mental capacity.The Superior Court of the State of Alaska, Third Judicial District, Anchorage, found that Jimmy maintained a confidential relationship with Erna and that the property transfers were the result of undue influence. The court concluded that the estate was entitled to recission of the property transfers and awarded attorney’s fees to the estate. Jimmy, representing himself, appealed the recission and attorney’s fee award, arguing that the transfers were valid gifts and that the court erred in its findings.The Supreme Court of the State of Alaska reviewed the case and affirmed the recission of the property transfers. The court held that the estate provided clear and convincing evidence that Jimmy exerted undue influence over Erna, who was susceptible due to her diminished mental capacity, isolation, and reliance on Jimmy. The court found that Jimmy failed to rebut the presumption of undue influence and that the transfers were not gifts. However, the Supreme Court vacated and remanded the enhanced attorney’s fee award for reconsideration, noting that the superior court may have improperly relied on Jimmy’s actions before the litigation started and did not sufficiently explain why Jimmy’s opposition to the petition was in bad faith. The Supreme Court instructed the lower court to reconsider the attorney’s fee award based on appropriate factors. View "In re Estate of Rousey" on Justia Law

The case involves a former principal of a charter school, Emily Roseberry, who alleged that the school district superintendent, Pauline Harvey, overstepped her authority in violation of Alaska statutes and the governing charter school contract and bylaws. Roseberry was fired after making complaints about Harvey’s conduct to the superintendent, the board of education, and an independent commission. Roseberry initially filed suit in federal court, raising federal civil rights claims and a state whistleblower claim. The federal court dismissed her federal claims with prejudice and declined to exercise supplemental jurisdiction over her state whistleblower claim.Roseberry then filed suit in state court, bringing the whistleblower claim and three additional state-law claims: intentional interference with contractual relations, negligent supervision, and defamation. The defendants moved to dismiss, arguing that the claims were barred by issue and claim preclusion. The superior court agreed and dismissed the complaint. Roseberry appealed the decision.The Supreme Court of the State of Alaska reviewed the case and concluded that Roseberry’s state claims were not barred by issue and claim preclusion. The court held that the federal court’s dismissal of Roseberry’s First Amendment claim did not preclude her whistleblower claim because the definitions of “matter of public concern” under the First Amendment and the Alaska Whistleblower Act are different. The court also held that Roseberry’s additional state-law claims were not barred by claim preclusion because the federal court would likely have declined to exercise supplemental jurisdiction over them, given that it had already declined to exercise jurisdiction over the whistleblower claim.The Supreme Court of the State of Alaska reversed the superior court’s judgment and remanded the case for further proceedings consistent with its opinion. View "Roseberry v. North Slope Borough School District" on Justia Law

The case involves the appellant, Gregory Smith, challenging the Municipality of Anchorage's decision to abate unauthorized campsites in Davis Park. The Anchorage Municipal Code (AMC) outlines procedures for campsite abatement, including posting a notice and allowing for an appeal to the superior court. In June 2022, the Municipality posted a notice in Davis Park, advising that the area was not legal for storage or shelter and that any personal property would be removed and disposed of as waste after ten days. Smith and five others appealed the abatement, arguing it violated due process and the Eighth Amendment.The superior court dismissed the appeal, agreeing with the Municipality that its jurisdiction was limited to reviewing the legal sufficiency of the posted notice, not the abatement decision itself. The court noted that the appellants did not challenge the notice's compliance with the Code, thus leaving no issues for the court to decide. The court also observed that the appellants' claims were not without merit and suggested that a civil suit could address their concerns.The Supreme Court of the State of Alaska reviewed the case and concluded that the superior court's jurisdiction was not limited to the notice's legal sufficiency. The court held that the superior court has jurisdiction to review the substantive decision to abate the campsite, including constitutional challenges. The court reversed the superior court's decision and remanded the case for further consideration of the constitutional issues raised by Smith. The court also directed the superior court to determine if the administrative record was sufficient for meaningful appellate review and to take necessary steps to ensure it has an adequate record. View "Smith v. Municipality of Anchorage" on Justia Law

Yako Collins was convicted of first-degree sexual assault in 2009 and sentenced to 25 years with five years suspended. Collins requested referral to a three-judge sentencing panel, arguing that his lack of significant criminal history and good character warranted a sentence outside the presumptive range. The superior court denied his request, and Collins appealed.The Alaska Court of Appeals in Collins I identified two non-statutory mitigating factors that could justify referral to the three-judge panel: the defendant's lack of a history of unprosecuted offenses and normal prospects for rehabilitation. The court remanded the case to the superior court for reconsideration. While the case was pending, the Alaska Legislature amended the relevant statutes in 2013, explicitly rejecting these mitigating factors as standalone bases for referral. The superior court, applying the amended statutes, affirmed Collins's original sentence, and Collins appealed again.In Collins II, the Court of Appeals concluded that the 2013 legislative amendments merely clarified existing law and did not violate the ex post facto clause. The court held that Collins could not seek referral to the three-judge panel based solely on the factors identified in Collins I but could argue for referral based on the totality of circumstances.The Alaska Supreme Court reviewed the case and held that the 2013 amendments could not be applied retroactively to Collins, as they were substantive changes to the law. The court emphasized the separation of powers and the prohibition on ex post facto laws, concluding that the legislature could not retroactively overrule a binding judicial interpretation. The case was remanded to the Court of Appeals to determine whether the 2013 amendments were procedural or substantive. View "Collins v. State of Alaska" on Justia Law

A woman, Lila B., was detained at a psychiatric hospital for a mental health evaluation due to a severe head-lice infestation. The hospital staff sought to shave her head without her consent, arguing it was necessary to treat the lice and prevent their spread to other patients and staff. Lila objected, citing her religious beliefs and the psychological impact of head-shaving.The Superior Court of Alaska authorized the involuntary head-shaving, finding that the hospital had a compelling interest in preventing the spread of lice and that shaving her head was the least restrictive means of achieving this. The court relied on testimony from hospital staff that other treatments, such as permethrin shampoo, would be ineffective due to the severity of the infestation and that isolation was not feasible.The Supreme Court of Alaska reviewed the case and held that the State must demonstrate by clear and convincing evidence that head-shaving is the least restrictive means of advancing a compelling government interest. The court found that the State failed to meet this heightened standard. The evidence did not clearly and convincingly establish that less restrictive alternatives, such as using permethrin shampoo in conjunction with a head covering or some form of isolation, were inadequate. The court concluded that the State did not sufficiently explore these alternatives.As a result, the Supreme Court of Alaska vacated the order authorizing the involuntary head-shaving, emphasizing the need for the State to meet a substantial evidentiary burden before infringing on a patient's fundamental rights. View "In the Matter of the Necessity for the Hospitalization of Lila B." on Justia Law

An Alaska hunter challenged a state regulation that allocates permits for hunting Kodiak brown bears, with at least 60% reserved for Alaska residents and no more than 40% for nonresidents, who must generally hunt with a professional guide. The hunter argued that this allocation grants nonresidents a special privilege in violation of the Alaska Constitution’s principle of equal access to fish and game and that it fails to manage resources for the maximum benefit of Alaskans.The Superior Court of Alaska, Third Judicial District, upheld the regulation, concluding that it did not grant an exclusive right to nonresidents and that the allocation system was within permissible bounds. The court found that the regulation did not exclude residents from hunting and that the allocation balanced various interests, including economic benefits and conservation.The Supreme Court of the State of Alaska reviewed the case and affirmed the lower court’s decision. The court held that the regulation did not violate the equal access clauses of the Alaska Constitution. It reasoned that treating residents and nonresidents differently does not, in itself, violate the constitution, and that the regulation did not grant nonresidents an unconstitutional special privilege. The court also found that the state could consider economic benefits when managing wildlife resources and that the Board of Game had taken a hard look at the relevant factors, including conservation and economic benefits, when establishing the permit system. Thus, the regulation was consistent with the constitutional duty to manage resources for the maximum benefit of Alaskans. View "Cassell v. State of Alaska, Department of Fish & Game" on Justia Law

A man was injured in an accident outside city limits and sued a city and an emergency-responder employee for negligently providing assistance and aggravating his injuries. The city and employee offered the man $7,500 to settle the lawsuit, which he did not accept. They also moved for summary judgment, arguing that they could not be sued because AS 09.65.070(d)(4) does not allow lawsuits based on the “gratuitous extension of municipal services” beyond city limits. The superior court granted summary judgment in their favor, ruling that their actions were gratuitous because they were under no legal obligation to take them. The court also granted attorney’s fees to the city and employee based on a court rule that requires a party to pay the other side’s legal fees if the party rejected an offer of judgment to settle the case that was more favorable than the judgment the party ultimately received.The man appealed, arguing that the city’s emergency response was not gratuitous because he was billed a mileage fee for the ambulance service. He also argued that the city and employee were not entitled to attorney’s fees because their pretrial offer of judgment was invalid.The Supreme Court of the State of Alaska reviewed the case. The court held that AS 09.65.070(d)(4) bars the lawsuit because the city and employee’s actions were gratuitous, meaning they were performed without legal obligation and without charging more than the standard fee. The court also held that the offer of judgment was valid and that the superior court did not err in awarding attorney’s fees to the city and employee. The court affirmed the superior court’s grant of summary judgment and the award of attorney’s fees. View "Rochon v. City of Nome" on Justia Law

Kenneth Jouppi, the owner of an airplane, was convicted of transporting beer into the village of Beaver, Alaska, which prohibits the importation of alcoholic beverages. Following his conviction, Alaska law mandated the forfeiture of his airplane as it was used to commit the offense. Jouppi argued that the forfeiture violated the Excessive Fines Clause of the U.S. Constitution.The District Court of the State of Alaska, Fourth Judicial District, Fairbanks, initially declined to order the forfeiture on statutory grounds. The State appealed, and the Court of Appeals reversed, mandating the forfeiture. On remand, the trial court again declined to order the forfeiture, this time on constitutional grounds, finding it unconstitutionally excessive. The State appealed again, and the Court of Appeals vacated the trial court’s ruling, remanding for further fact-finding, as it concluded the trial court failed to correctly apply the test for excessive fines from United States v. Bajakajian.The Supreme Court of the State of Alaska reviewed the case. It held that the forfeiture of the airplane did not violate the Excessive Fines Clause because it was not grossly disproportional to the gravity of the offense. The court found that the forfeiture was punitive and thus a "fine" under the Eighth Amendment. Applying the Bajakajian factors, the court concluded that the forfeiture was not excessive given the nature and extent of the crime, the legislative intent behind the statute, and the harm caused by the offense. The court also noted that Jouppi failed to preserve his arguments under the Alaska Constitution and the Sixth Amendment, and thus did not address them. The judgment of the Court of Appeals was vacated, and the case was remanded for further proceedings consistent with the Supreme Court's opinion. View "Jouppi v. State of Alaska" on Justia Law