Articles Posted in Civil Procedure

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The City of Houston, Alaska fired its police captain shortly before disbanding its police department. The captain claimed he was terminated in bad faith in order to stop ongoing investigations into city leaders. He challenged: (1) the superior court’s refusal to allow his claim under the Alaska Whistleblower Act; (2) a jury instruction stating that termination for personality conflicts did not constitute bad faith; and (3) an award of attorney’s fees and costs. The Alaska Supreme Court concluded that the court’s refusal to allow his claim under the Whistleblower Act, its decision to give the personality conflict instruction, and its award of attorney’s fees and costs were not erroneous and therefore affirmed. View "McNally v. Thompson" on Justia Law

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Sunny Radebaugh contested both her inability to cross-examine the nurse who performed an annual assessment and the Department of Health and Social Services' reversal of an administrative law judge’s determination. Radebaugh was a Medicaid in-home nursing care benefits recipient, who had her benefits terminated by the Department after an annual assessment. The assessment concluded that Radebaugh’s physical condition had materially improved to the point where she no longer required the benefits. She challenged the termination of her benefits at an administrative hearing, and the nurse who performed the assessment did not testify. Following the hearing, the administrative law judge determined that the Department erroneously terminated her benefits. The Department, as final decision maker, reversed the administrative law judge’s determination and reinstated the decision to terminate Radebaugh’s benefits. Radebaugh appealed to the superior court, which first determined that the Department had violated her due process rights but then reversed itself and upheld the Department’s decision. After review, the Alaska Supreme Court concluded Radebaugh waived the right to challenge her inability to cross-examine the nurse who performed the assessment. The Court held that the agency sufficiently supported its final decision. The Court therefore affirmed the superior court’s affirmance of the Department’s final decision. View "Radebaugh v. Dept. of Health & Social Services" on Justia Law

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The Alaska Supreme Court affirmed the appraisal panel’s valuation of Calais Company, Inc. (a closely held corporation), but reversed the superior court’s denial of shareholder Deborah Ivy’s request for post-judgment interest. Ivy sued Calais in 2007 seeking dissolution of the company. The parties settled, and Calais agreed to buy out Ivy’s shares of the company based on a valuation of Calais conducted by a three-member appraisal panel. The appraisers returned an initial valuation in 2009. The superior court approved that valuation, but Calais appealed. The Supreme Court reversed and remanded, concluding that the appraisers had failed to understand their contractually assigned duty. The appraisal panel returned a second valuation in October 2014, which the superior court again approved. Ivy appealed again, arguing: (1) that on remand the superior court improperly instructed the appraisers; (2) that the appraisers made substantive errors in their valuation; and (3) that she was entitled to post-judgment interest. View "Ivy v. Calais Company, Inc." on Justia Law

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The Alaska Supreme Court disagreed with the probate master and superior court’s underlying conclusion that a paternity determination could not be made in estate proceedings, or that a laches defense could apply in this context. A decedent left a will stating he had no children. But during probate proceedings a man in his early 30s claimed to be the decedent’s son, requested genetic testing on the decedent’s cremated remains, and filed numerous motions in an attempt to share in the decedent’s estate. The man’s mother also filed numerous motions in the proceedings, claiming to be a creditor of the decedent’s estate and seeking recovery of child support from the man’s birth to his 18th birthday. After previously signing orders denying the motions based on the probate master’s reasoning that paternity determinations may not be made in estate proceedings, the superior court ultimately ruled that: (1) laches barred the man’s and his mother’s efforts to establish paternity; and (2) because paternity had not been established, neither the man nor his mother had standing to pursue a claim in the estate proceedings. Despite disagreeing with these findings, the Supreme Court nonetheless affirmed the superior court’s decision with respect to the man’s mother on the alternative ground that her putative creditor claim: the only basis by which she could be an interested person in the estate proceedings unquestionably was barred by the applicable statute of limitations. But if the man proved to be the decedent’s son he had, at a minimum, certain statutory rights that: (1) may be established through declaratory judgment in the probate proceedings; and (2) might not be barred by a statute of limitations. Because the statute of limitations defense to the man’s claim was briefed only in limited fashion in the superior court and was not ruled on by that court, and because the issue has not been adequately briefed to the Supreme Court, the Court asked for supplemental briefing be filed to assist it in resolving whether a statute of limitations may bar the man’s recovery from the estate. View "Estate of Seward" on Justia Law

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In this divorce matter, the parties agreed to divide the husband’s retirement benefit based on its present value and implemented the division with a Qualified Domestic Relations Order (QDRO). In 2014, after the husband received an updated benefit projection that calculated the wife’s share of the benefit using his salary at retirement instead of at divorce, he sought to modify the QDRO. He asked the court to require that her benefit be based upon the same salary data used in a 2006 calculation. The superior court denied the motion. Because the settlement did not contain clear language establishing the use of the earlier salary the Alaska Supreme Court affirmed the superior court's judgment. View "Thomson v. Thomson" on Justia Law

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Providence Alaska Medical Center terminated Dr. Michael Brandner’s hospital privileges without an opportunity to be heard after determining he had violated hospital policy by failing to report an Alaska State Medical Board order requiring him to undergo an evaluation of his fitness to practice medicine. Brandner unsuccessfully challenged this action through the hospital's hearing and appeal procedures. Brandner thereafter took his cause to court, seeking reinstatement and damages for the alleged due process violations both in the procedures used and in the substantive standard applied in his termination. The superior court found no such violations and that he was not entitled to reinstatement. Brandner appealed. The Alaska Supreme Court affirmed in part and reversed in part, finding that Brandner was not entitled to reinstatement or post-termination-hearing damages. However, the doctor's due process rights were violated when he was not given a hearing following termination of his hospital privileges. The matter was remanded for further proceedings. View "Brandner v. Providence Health & Services" on Justia Law

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Lisa Reasner suffered years of sexual abuse while in foster care and after the Office of Children’s Services (OCS) approved her adoption. Years later, Reasner sued OCS after discovering that OCS might have played a role in allowing her abuse. The superior court concluded that Reasner’s claims were untimely and granted summary judgment in favor of OCS. The Alaska Supreme Court reversed and remanded. The Court found the superior court erred in granting summary judgment to OCS based on the statute of limitations because it found a genuine issue of material facts existed as to when Reasner's claims accrued. The Court found Reasner's remaining claims could have withstood summary judgment. View "Reasner v. Dept. of Health & Social Services" on Justia Law

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In this divorce matter, at the conclusion of trial, the wife physically assaulted husband's attorney. The incident led to criminal charges, and the judge presiding over the divorce testified in the criminal case as a witness. The judge still presided over the divorce matter when wife made motions to reopen the case and redistribute the marital property. She appealed when the superior court denied these motions, arguing the judge should have recused herself after witnessing the assault in the courtroom and later testifying about it. The Alaska Supreme Court concluded the superior court did not abuse its discretion in any of the challenged rulings and affirmed. View "Johnson v. Johnson" on Justia Law

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The superior court found no inconsistency in the jury verdict, and denied appellant Todeschi’s motion for a new trial. Finding no error in the superior court judgement, the Supreme Court affirmed. Appellee, a mine supervisor, suffered back injuries over the course of his career and required several surgeries. His employer terminated his employment following his request for an accommodation and his renewed pursuit of a three-year-old workers’ compensation claim. The supervisor sued, alleging breach of the covenant of good faith and fair dealing and unlawful discrimination based both on a disability and on his assertion of the workers’ compensation claim. The employer defended on grounds that the supervisor could no longer perform the essential functions of his job and had declined an offered accommodation; it also asserted that it was not liable for the workers’ compensation claim. A jury returned a special verdict finding the employer liable for breach of the covenant of good faith and fair dealing and awarding the supervisor $215,000 in past lost income, but finding in the employer’s favor on the supervisor’s other claims. The supervisor appealed, arguing the superior court erred when it: (1) denied his motion for a directed verdict on whether he has a disability; (2) denied his motion for judgment notwithstanding the verdict due to an inconsistency between the jury’s decisions of two of his claims; (3) declined to give a burden-shifting or adverse inference instruction based on alleged spoliation of evidence; and (4) raised a statute of limitations defense by way of a jury instruction. The employer cross-appealed, arguing that the superior court erred in excluding one of its witnesses. View "Todeschi v. Sumitomo Metal Mining Pogo, LLC" on Justia Law

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State employee Shirley Shea suffered from chronic pain and has been unable to work. She applied for occupational disability benefits, claiming that prolonged sitting at work aggravated a preexisting medical condition. The Division of Retirement and Benefits denied the claim. An administrative law judge affirmed that decision, determining that employment was not a substantial factor in causing Shea's disability. On appeal, the superior court reversed the administrative law judge’s decision. Because the administrative law judge’s decision was supported by substantial evidence, the Alaska Supreme Court reversed the superior court’s decision and affirmed the administrative law judge. View "Alaska Dept. of Administration, Division of Retirement & Benefits v. Shea" on Justia Law