Justia Alaska Supreme Court Opinion Summaries

A client sued his lawyer for breach of contract, breach of fiduciary duty, misrepresentation, and professional negligence in a fee agreement dispute. After a jury found in favor of the lawyer and judgment was entered, the client appealed, arguing that the superior court erred by issuing certain jury instructions regarding contract interpretation and by denying the client's motion for a new trial or judgment notwithstanding the verdict. Upon review, the Supreme Court concluded that any error in the superior court's jury instructions was not prejudicial, and affirmed the superior court's decision to deny the client's post-trial motions because there was sufficient evidence for the jury to find for the lawyer on each of the claims. View "Zamarello v. Reges" on Justia Law

Shareholders of a closely held corporation brought a derivative suit against a shareholder-director and the corporation's former attorneys for fiduciary fraud, fraudulent conveyance, legal malpractice, and civil conspiracy. After an evidentiary hearing, the superior court ruled all the claims were time-barred. Upon review of the matter, the Supreme Court affirmed the superior court's dismissal of most claims, but reversed its dismissal of two and remanded those claims for further proceedings. View "Gefre v. Davis Wright Tremaine, LLP" on Justia Law

In early April 2012 the Alaska Commission on Judicial Conduct (Commission) referred to the Supreme Court its unanimous recommendation for removal of Judge Dennis Cummings, a district court judge in Bethel. However in December 2011, Judge Cummings had announced his retirement and he retired shortly after the Court received the Commission's recommendation. Despite Judge Cummings's retirement, the Court considered this matter a live controversy - a judge's retirement did not extinguish the Commission's and the Supreme Court's jurisdiction to complete disciplinary proceedings, and "there [were] important policy reasons to do so." After independently reviewing the record and the Commission's recommendation to remove Judge Cummings, the Court accepted the Commission's recommendation for removal. View "In Re Cummings" on Justia Law

A bar served a man alcohol while he was visibly intoxicated, and the man murdered a woman later that evening. The lawyer representing the bar in the subsequent dram shop action did not attempt to add the murderer as a party for apportionment of fault. Following entry of a large judgment against the bar, the bar brought a legal malpractice suit against its attorney. The attorney moved to dismiss for failure to state a claim upon which relief could be granted, arguing that where case law is unsettled, as a matter of law an attorney cannot be held liable for an error in judgment. The superior court granted the motion and the bar appealed. "Because the existence of unsettled law does not excuse an attorney from fulfilling a duty of care," the Supreme Court reversed and remanded the case for further proceedings. View "L.D.G., Inc. v. Robinson" on Justia Law

In 2008, Alaska's Board of Certified Real Estate Appraisers imposed professional sanctions on appraiser Appellee-Cross-Appellant Kim Wold for violations of the Uniform Standards of Professional Appraisal Practice (USPAP). The Board relied in large part on the views of a distinguished expert in Alaskan real estate appraisal who performed a "desk review" of Appelle's work. The expert concluded that the appraiser committed numerous violations of the USPAP. Though the Supreme Court reviewed the Board's findings with great deference, it concluded that none of the Board's findings of USPAP violations were supported by substantial evidence in light of the whole record. The Court thus affirmed the superior court's reversal of the Board's findings of USPAP violations, and reversed the single violation that the superior court affirmed. View "Dept. of Commerce & Economic Development v. Wold" on Justia Law