Justia Alaska Supreme Court Opinion Summaries
Articles Posted in Civil Procedure
Wright v. Dropik
A man filed suit against a former romantic partner to resolve disputes about property acquired during their relationship. The superior court ruled the parties had been in a domestic partnership (a marriage-like relationship) with implications for division of the parties’ property when the relationship ended. It then determined the woman owed the man for his contributions toward a Wasilla property they jointly bought and improved, an out-of-state property acquired in his name that was later sold at a loss, and veterinary bills charged to the man’s credit card. Although the Alaska Supreme Court determined it was error to determine the parties were in a domestic partnership without making predicate factual findings, this error did not affect the superior court’s ruling on the Wasilla property or veterinary bills, and the superior court’s decision on those points was affirmed. But the Court concluded the error could affect the ruling on the out-of-state property, so the case was remanded for additional proceedings on that issue. View "Wright v. Dropik" on Justia Law
Posted in:
Civil Procedure, Family Law
Park v. Spayd
In 2019 a woman sued her former husband’s medical provider, alleging that from 2003 to 2010 the provider negligently prescribed the husband opioid medications, leading to his addiction, damage to the couple’s business and marital estate, the couple’s divorce in 2011, and ultimately the husband's death in 2017. The superior court ruled the claims were barred by the statute of limitations and rejected the woman’s argument that the provider should have been estopped from relying on a limitations defense. Because the undisputed evidence shows that by 2010 the woman had knowledge of her alleged injuries, the provider’s alleged role in causing those injuries, and the provider’s alleged negligence, the Alaska Supreme Court concluded that the claims accrued at that time and were no longer timely when filed in 2019. And because the record did not show that the woman’s failure to timely file her claims stemmed from reasonable reliance on fraudulent conduct by the provider, the Supreme Court concluded that equitable estoppel did not apply. View "Park v. Spayd" on Justia Law
Jones v. Biggs
An Alaska citizen filed an application to recall a member of the Anchorage Assembly, alleging that the assembly member had committed misconduct in office by participating in an indoor gathering of more than 15 people in violation of an executive order. The municipal clerk rejected the application after concluding that the alleged conduct did not constitute misconduct in office. The superior court reversed the clerk’s denial of the application. After review, the Alaska Supreme Court found no reversible error and affirmed the superior court’s decision. View "Jones v. Biggs" on Justia Law
Association of Village Council Presidents Regional Housing Authority v. Mael, et al.
A boiler exploded in a home owned by a nonprofit regional housing authority, severely injuring a man who lived there. He sued the housing authority in both contract and tort, claiming that his lease-purchase contract included a promise that the authority would inspect the boiler, which it failed to do with reasonable care. After the man dismissed his contract claim, the housing authority asked the court to decide as a matter of law that a breach of a contractual promise could not give rise to a tort claim. But the superior court allowed the man to proceed to trial on his tort claim, and the jury awarded over $3 million in damages, including over $1.5 million in noneconomic damages and separate awards to several of his family members for negligent infliction of emotional distress. The court reduced the man’s noneconomic damages award to $1 million because of a statutory damages cap, but it excluded the family members’ awards from the amount subject to the cap. The housing authority appealed, maintaining it should have been granted a judgment notwithstanding the verdict because the contract did not create a continuing legal duty to inspect the boiler with reasonable care. It also argued it should have been granted a new trial because it had established that the boiler explosion was caused by a product defect rather than negligent inspection. Finally, the authority argued the family members’ damages for negligent infliction of emotional distress should have been included in the amount subject to the statutory damages cap. The man cross-appealed, arguing that the damages cap violated due process because it failed to account for inflation or the severe nature of his physical injuries. After review, the Alaska Supreme Court found no reversible error and affirmed the superior court's judgment on all issues. View "Association of Village Council Presidents Regional Housing Authority v. Mael, et al." on Justia Law
Alborn Construction, Inc. v. Alaska Dept. of Labor & Workforce Development
A construction company filed an administrative appeal of a final agency decision that a renovation project on a State-leased office building fell under a wage statute for public construction projects. During enforcement proceedings an administrative law judge (ALJ) found that the project parties had entered into a sham contract in an attempt to evade the statute’s coverage. The State agency charged with enforcing the wage statute adopted the ALJ’s findings verbatim as its final agency decision. The construction company appealed; acting as an intermediate court of appeals, the superior court affirmed the final agency decision. The construction company then appealed to the Alaska Supreme Court. Finding no reversible error in the superior court's judgment affirming the agency decision, the Supreme Court affirmed. View "Alborn Construction, Inc. v. Alaska Dept. of Labor & Workforce Development" on Justia Law
Posted in:
Civil Procedure, Government & Administrative Law
Borer v. Eyak Corporation
A winning candidate for a seat on the board of directors of an Alaska Native Corporation declined to sign the corporation’s confidentiality agreement and code of conduct. When the corporation denied him a seat on the board, he sought a declaratory judgment that these agreements were unlawful and an injunction that he be seated on the board. He argued that the scope of the confidentiality agreement was so broad, and the code of conduct so apt to be used to suppress dissenting directors, that they were inconsistent with directors’ fiduciary duties to the corporation. The Alaska Supreme Court determined he did not challenge the application of these agreements to any concrete factual situations, therefore, his claims were not ripe for adjudication. The Court therefore affirmed the judgment and the award of attorney’s fees against him. View "Borer v. Eyak Corporation" on Justia Law
Roberge v. ASRC Construction Holding Company, et al.
The parties to this appeal disputed the sequence for applying the provisions when calculating compensation for injured employees; another provision applied a cost-of-living ratio only to out-of-state recipients. Richard Roberge injured his shoulder in May 2014 while working for ASRC Construction Holding Company; he continued working with accommodations until the job ended in November. Roberge then returned to his Idaho residence. ASRC paid him $834.85 weekly in temporary total disability compensation through mid-August 2015, calculated by adjusting the maximum weekly compensation rate by the prevailing cost-of-living adjustment (COLA) percentage for his residence. The Alaska Supreme Court concluded We conclude the Act required first applying the cost-of-living ratio and then applying the maximum rate. View "Roberge v. ASRC Construction Holding Company, et al." on Justia Law
Tshibaka v. Retired Public Employees of Alaska, Inc.
The State redesigned the dental insurance plan offered to public retirees in 2014, narrowing coverage but also decreasing premiums paid by retirees. The Retired Public Employees of Alaska challenged the redesign. After a bench trial the superior court concluded that the new plan unconstitutionally diminished retirees’ accrued benefits. The State appealed, arguing that the superior court erred by determining the dental plan was a constitutionally protected “accrued benefit” and by refusing to consider premium rates for retirees as relevant to the diminishment analysis. The Alaska Supreme Court agreed with the State on the second point only: "The Alaska Constitution does protect public retirees’ option to purchase dental insurance as an accrued benefit, but both coverage for retirees and price to retirees influence the value of this option." The Court therefore vacated and remanded for the superior court to reevaluate the plan changes and incorporate premium pricing into its analysis. View "Tshibaka v. Retired Public Employees of Alaska, Inc." on Justia Law
Chena Obstetrics and Gynecology, et al. v. Bridges
After Lauren Bridges’ daughter S.B. was born severely disabled, Bridges sued the many healthcare providers involved in S.B.’s birth. When Bridges’s attorneys failed to timely oppose the defendants’ motions for summary judgment, the superior court granted summary judgment and then final judgment in favor of all defendants. Bridges then moved for relief from judgment under Alaska Civil Rule 60(b). The superior court found that Bridges' attorneys’ neglect was inexcusable, precluding relief under Rule 60(b)(1), but nonetheless granted relief under Rule 60(b)(6) to avoid injustice. The Alaska Supreme Court found the superior court did not abuse its discretion in finding the neglect of Bridges’s counsel inexcusable and denying relief under Rule 60(b)(1). But the Supreme Court reversed the superior court’s decision granting relief under Rule 60(b)(6). "An attorney’s neglect, whether excusable or inexcusable, cannot be grounds for relief from judgment under Rule 60(b)(6) unless the attorney abandons the client. Because that is not what the record shows, we reverse the superior court’s ruling and remand for entry of judgment in favor of the defendants." View "Chena Obstetrics and Gynecology, et al. v. Bridges" on Justia Law
Posted in:
Civil Procedure, Personal Injury
In the Matter of the Protective Proceeding of Amy D.
A mother no longer wished to serve as her adult daughter’s guardian due to fear of her daughter’s violence. The superior court held a hearing to determine whether to allow the mother to resign and appoint a public guardian from the Office of Public Advocacy (OPA) to serve as the daughter’s guardian instead. After a brief exchange, the superior court allowed the daughter to waive her right to counsel and consent to appointment of a public guardian. The Alaska Supreme Court reversed because the superior court did not sufficiently establish that the waiver of counsel was knowing and voluntary. View "In the Matter of the Protective Proceeding of Amy D." on Justia Law