Justia Alaska Supreme Court Opinion Summaries

The Aleut Corporation terminated its chief executive officer, Troy Johnson. He challenged the termination, and according to his employment contract, the matter was submitted to binding arbitration. That agreement contained a broad arbitration clause providing that "[a]ny and all disputes . . . arising out of, relating in any way to or in connection with this Agreement and/or Executive's employment with or termination of employment from the Company . . . shall be solely settled by an arbitration." The parties disputed whether the Corporation had violated the contract by terminating Johnson and whether Johnson's alleged breach of contract justified the termination. The arbitrator awarded damages to Johnson, finding the Corporation violated the contract. The Aleut Corporation petitioned the superior court to vacate the arbitrator's decision, claiming that the arbitrator had addressed an issue that was never submitted to arbitration and was thus not arbitrable. The superior court vacated the arbitration award, concluding that the arbitrator had exceeded his authority, and Johnson appealed. Because the dispute was arbitrable, the Supreme Court concluded that the arbitrator did not exceed his authority, and therefore reversed the superior court's decision to vacate the award. View "Johnson v. The Aleut Corporation" on Justia Law

A tour company claimed fraud and misconduct on the part of a borough in the course of a fraudulent conveyance trial concerning liability for property taxes. Specifically, the company argued that a police officer falsely testified at trial concerning a conversation he allegedly had with the company president regarding the company's obligation to pay borough taxes. The superior court denied relief under Rule 60(b)(3), finding that the company had failed to establish clear and convincing evidence of fraud. The company appealed, arguing that the superior court applied the incorrect legal standard and that the company presented clear and convincing evidence of fraud. The company also appealed various orders relating to discovery and the award of attorney's fees. Because the superior court applied the correct legal standard and did not abuse its discretion in finding that there was not clear and convincing evidence of fraud, the Supreme Court affirmed its denial of the Rule 60(b) motion. Furthermore, the Court affirmed the lower court's refusal to reopen discovery or awarding attorney's fees. View "Alaskan Adventure Tours, Inc. v. The City and Borough of Yakutat" on Justia Law

Paul Harder brought a lawsuit seeking restoration damages against Joel and Darlene Wiersum after the Wiersums cleared trees from Harder's property without his permission. The Wiersums filed a third-party complaint against Harder's sister, Lisa Wietfeld. They sought to apportion fault to Wietfeld, claiming that she had negligently misrepresented that she owned the property where the trees were cut when she gave them permission to remove trees from her property. The superior court granted Wietfeld's summary judgment motion; the remaining parties proceeded to trial and a jury awarded Harder compensatory restoration damages and statutory treble damages. The Wiersums appealed, arguing that the superior court erred by dismissing their claim against Wietfeld and by denying their motions for directed verdicts and judgment notwithstanding the verdict. Because the Supreme Court concluded that Wietfeld owed no duty to Harder, it affirmed the superior court's grant of summary judgment as to Wietfeld. Furthermore, the Court affirmed the denial of the Wiersums' motions for a directed verdict because Harder presented sufficient evidence for the issue of restoration costs to be submitted to the jury. However, the Court concluded that the superior court erred by denying the Wiersums' motion for judgment notwithstanding the verdict because the jury's award of restoration damages was objectively unreasonable. Therefore the damages award was vacated and a new trial ordered. View "Wiersum v. Harder" on Justia Law

When passing a 1997 ordinance, the Anchorage Municipal Assembly amended the boundaries of a proposed Downtown Improvement District to exclude some properties on K and L Streets. The building at 420 L Street, the property owned by appellant L Street Investments, was in the original proposal but was subsequently carved out by the Assembly. In 2000 the Assembly extended the life of the District for ten years. Beginning in 2009, the Anchorage Downtown Partnership canvassed businesses hoping to extend the term of the District and expand it to include businesses between I and L Street. After the majority of business owners in the proposed District approved the extension and expansion, the Assembly extended the term of the District and expanded it to include businesses between I and L Streets, including the building at 420 L Street. L Street Investments filed suit, arguing: (1) Section 9.02(a) of the Municipality of Anchorage's Charter did not authorize the Municipality to finance services within the District by an assessment; and (2) the District is a "service area," and AS 29.35.450(c) prohibits the expansion of a service area unless a majority of voters in the area to be added vote in favor of expanding the service area. The Anchorage Downtown Partnership intervened, and all parties filed cross-motions for summary judgment. The superior court granted summary judgment to the Municipality and the Anchorage Downtown Partnership. Finding no error, the Supreme Court affirmed the grant of summary judgment. View "L Street Investments v. Municipality of Anchorage" on Justia Law

Fifteen-year-old Kevin Michaud fired a single shot from a revolver belonging to his parents, killing one friend and seriously wounding another. The parents of the two victims sued Kevin, his parents, and their insurance company, United Services Automobile Association (USAA). The Michauds' liability policy provided a $300,000 limit for "Each Occurrence" of "Personal Liability." The superior court ruled that the policy afforded $900,000 of coverage because there had been a single occurrence and Kevin and his parents were each entitled to a separate per-occurrence policy limit. USAA appealed, arguing that the policy affords a single per-occurrence policy limit of $300,000 regardless of the number of insureds. The victims' parents also appealed, arguing that not only were there three individual coverage limits, one each for Kevin and his parents, but there were also multiple occurrences. Upon review, the Supreme Court concluded that USAA's position was most in accord with the express language of the policy, the reasonable expectations of an insured, and case law, and therefore reversed the superior court's decision. View "United Services Automobile Association v. Neary" on Justia Law

A mother living in Alaska filed a petition in Alaska to enforce summer visitation with her son, who lived in Tennessee with his father. After the superior court resolved the visitation issue, the father appealed, arguing that the superior court lacked jurisdiction to hear the case or, in the alternative, that the superior court should have voluntarily ceded jurisdiction to Tennessee because Alaska was an inconvenient forum. Upon review, the Supreme Court concluded that the superior court had jurisdiction to hear the case and did not abuse its discretion by deciding that Alaska was not an inconvenient forum. View "Steven D. v. Nicole J." on Justia Law

An unpaid employee of a closely-held corporation sued the corporation and its president for back wages. The day after the employee filed suit, the corporation filed for Chapter 11 bankruptcy. The bankruptcy court discharged the corporation's debts, and the superior court dismissed the corporation, but the superior court allowed trial to proceed against the president on a veil-piercing theory. A jury found that the corporation was a mere instrumentality of the president, and that the president owed the former employee wages under a bonus agreement. The president appealed the superior court's decision. Upon review, the Supreme Court concluded that the superior court did not err in holding the president liable, and affirmed the superior court's judgment. View "Brown v. Knowles" on Justia Law

Grandparents were permitted to adopt their grandchild without the consent of the biological father. The superior court found that the father's consent was not required because he failed significantly without justifiable cause to communicate meaningfully with the child for a period of at least one year. On appeal, the father did not challenge the superior court's finding that he failed to communicate meaningfully with the child for at least the year-long period; he argued that this failure was justified by: (1) his incarceration; (2) an agreement he allegedly had with the child's biological mother; (3) alleged interference by the grandparents; and (4) the totality of the circumstances. The father also argued that the superior court abused its discretion by failing to consider visitation rights and by awarding attorney's fees against him. Because the record did not support the father's argument that his failure to communicate meaningfully with the child was justified, the Supreme Court concluded the superior court did not clearly err in finding that this failure was unjustified. The Court therefore affirmed the superior court's finding that the father waived his right to consent to the adoption. Because the issue of visitation rights was not raised before the superior court, the Court held that the superior court did not abuse its discretion in failing to consider the issue. Finally, because the superior court did not abuse its discretion in awarding attorney's fees against the father, the Court affirmed that award. View "David S. v. Jared H." on Justia Law

In 2001, Alaska State Troopers went to Bret Maness's home to take him into custody for psychological evaluation, pursuant to an involuntary commitment order that had been issued by the superior court. When the troopers arrived at his home, Maness threatened to kill the troopers then fled, first in his RV, and later on foot. During the pursuit, Maness was shot by an Anchorage Police Department officer and then arrested. Maness filed a civil action against many of the participants in the events leading to his shooting and arrest. In 2008 the Supreme Court affirmed the superior court's grant of summary judgment with respect to all of Maness's claims except those based on excessive force. Maness then amended his complaint, adding numerous state tort claims to his excessive force claims. The superior court again granted summary judgment to the defendants, with the exception of the Anchorage police officer who actually shot Maness. Maness's excessive force claim against the police officer who shot him went to trial, where the jury delivered a verdict for the police officer. Maness then appealed the grant of summary judgment with respect to his claims against two of the Alaska State Troopers who attempted to execute the civil commitment order. He also appealed the superior court's award of attorney's fees to the defendants. Upon review, the Supreme Court concluded: (1) the Superior Court properly granted the troopers summary judgment on the excessive force claims; and (2) the Superior Court properly granted summary judgment on the state tort claims. The Court vacated the fee award and remanded the case for further proceedings on attorney's fees. View "Maness v. Daily" on Justia Law

Two former police officers brought claims against the Municipality of Anchorage for racial discrimination, alleging a hostile work environment in violation of state law. The officers claimed damages for mental anguish, and the Municipality sought discovery concerning the nature of their mental anguish claims. But the officers refused to comply with these discovery requests, invoking the physician and psychotherapist privilege. The Municipality moved for an order to compel the officers to sign releases authorizing the disclosure of medical, pharmacy, and psychological counseling records, which the superior court granted. The officers then petitioned the Supreme Court for review of the order. Upon review, the Court concluded that the assertion of "garden-variety" mental anguish claims in an employment discrimination case does not automatically waive the physician and psychotherapist privilege. View "Kennedy v. Municipality of Anchorage" on Justia Law