Justia Alaska Supreme Court Opinion Summaries

Burl Brim and related entities (Brim) sued Linda Lewis in Oregon. The Oregon trial court first entered a contempt judgment against Lewis in 2016 for failing to abide by an oral settlement agreement the parties placed on the record six month earlier. Although the court had not incorporated the settlement terms into a judgment, the parties had agreed to a permanent injunction barring Lewis from making public comments about Brim. Brim later registered that contempt judgment, which included a monetary award against Lewis, in Alaska superior court. A few months later, the Oregon trial court entered a final judgment in the main litigation, setting out its version of the terms and conditions of the oral settlement agreement and injunctive relief. Brim registered the second judgment in Alaska shortly thereafter. The issue on appeal to the Alaska Supreme Court centered on the continuing effectiveness of a foreign civil judgment when the judgment was reversed by the foreign jurisdiction's appellate court. On the facts of this case, the Alaska Supreme Court concluded Oregon's appellate reversals of both judgments had to lead to the vacation of the two judgments registered n Alaska, and to the parties' return to their respective positions prior to Alaska enforcement proceedings. View "Linda Lewis, n/k/a Linda Miller v. Burl Brim et al." on Justia Law

A police officer applied for a Permanent Fund Dividend (PFD) for several years when he was not eligible to receive one. Following an investigation, the Executive Director of the Alaska Police Standards Council petitioned the Council to revoke the officer’s police certificate on the ground that he lacked good moral character. An administrative law judge recommended against revoking the certificate, finding that the officer’s mistakes were not sufficient to demonstrate dishonesty or a lack of respect for the law. The Council, however, concluded that the officer’s hearing testimony - that he would fill out the applications in the same way if he had to do it over again - showed dishonesty and a lack of respect for the law, and it therefore revoked his certificate. The superior court agreed with the administrative law judge’s analysis of the evidence and the law and reversed the Council’s decision. The Council appeals. The Alaska Supreme Court determined the evidence disproportionately supported the finding of the administrative law judge that the police officer’s PFD applications and hearing testimony, while mistaken about the law, were not sufficient to raise substantial doubts about the officer’s good moral character. The Court affirmed the superior court's decision reversing the Council's revocation of the police certificate. View "Alaska Police Standards Council v. Maxwell" on Justia Law

This appeal arose from the State’s action limiting the people's constitutional right to legislate directly by initiative. A proposed initiative instituting three substantive changes to Alaska's election laws was submitted to the lieutenant governor for review, certification and printing signature booklets. Determining the initiative violated a constitutional requirement that proposed initiative bills be confined to one subject, the lieutenant governor denied certification. The initiative's sponsors filed an action in superior court to challenge that decision. The superior court concluded, contrary to the lieutenant governor, that the initiative's various provisions were confined to the single subject of "election reform" and it accordingly should have been certified. The Court directed the State distribute petition booklets for the sponsors to collect signatures for placing the initiative on a future election ballot. The lieutenant governor and State elections officials appealed the superior court decision. The Alaska Supreme Court determined the superior court correctly adhered to the Supreme Court's prior interpretation of the relevant provisions of the constitution. Furthermore, the Court rejected the request to reverse precedent that the people's power to initiate laws generally was equivalent to that of the legislature. View "Meyer v. Alaskans for Better Elections" on Justia Law

After a conflict of interest between an attorney and a long-time client arose during settlement negotiations, the attorney filed a confidential motion with the superior court criticizing his client. The client discharged the attorney and hired new counsel. But the attorney continued to control the settlement funds and disbursed himself his fee, even though the amount was disputed by the client. The court found that the attorney’s actions had violated the rules of professional conduct and ordered forfeiture of most of his attorney’s fees. Finding no reversible error in that decision, the Alaska Supreme Court affirmed the superior court. View "Kenneth P. Jacobus, P.C. v. Kalenka" on Justia Law

Gregory Weaver worked at remote sites for ARCTEC Alaska1 off and on for several years as a relief station mechanic. His job involved heavy labor, and he filed several reports of injury during the times he worked for ARCTEC. He reported in December 2010 that he had “pulled something in the lower spinal area” while adjusting tire chains on a dump truck. He filed another injury report related to his back in early 2012, after he experienced back pain while installing garage door panels. Weaver passed “fit for duty” physical examinations after both of these injuries. In 2013, however, he woke up one morning with back pain that made it hard for him to walk. He said his back pain “had been building up for several months,” but he could not identify a specific task related to the onset of pain. He said “the majority of the heavy lifting” he did that summer had been at Indian Mountain, but he described work at Barter Island as including significant shoveling and pushing wheelbarrows of rocks over difficult surfaces. He thought the camp bed provided inadequate back support. He asked to be flown out because of his back pain and has not worked since. Weaver began receiving About six months later his employer controverted all benefits based on a medical opinion that the work caused only workers’ compensation benefits after experiencing severe low back pain at a remote job site. About six months later his employer controverted all benefits based on a medical opinion that the work caused only a temporary aggravation of a preexisting condition. Weaver the Alaska Workers’ Compensation Board to join a prior back injury claim against the same employer. Following a lengthy and complex administrative process, the Board denied the worker’s claim for additional benefits, and the Alaska Workers’ Compensation Appeals Commission affirmed the Board’s decision. Finding no reversible error, the Alaska Supreme Court affirmed the Board's and Commission's decisions. View "Weaver v. ASRC Federal Holding Co." on Justia Law

The mother of an autistic child filed a petition for a protective order against the child’s father, alleging that the father kicked the child during an altercation that took place at the Extreme Fun Center in Wasilla, Alaska. At the hearing on the long-term protective order, the court admitted the mother’s recording of statements the son made to her approximately 30-35 minutes after the incident. The son stated that the father kicked him in the buttocks; the only disinterested witness with personal knowledge of the incident testified that the father did not kick his son. Relying on the recording and testimony from the child’s mother and therapist, the superior court found that the father committed assault; relying on the mother’s testimony, the court found that the father committed criminal trespass and granted the mother’s petition. The court also required the father to undergo a psychological evaluation and pay the mother’s attorney’s fees. After review, the Alaska Supreme Court vacated and remanded the superior court’s assault finding, and reversed the court’s trespass finding. The Court determined the superior court made its findings by a "bare preponderance" of the evidence. It was an abuse of discretion for the superior court to admit the recording without making threshold findings as to the child's competency and the recording’s trustworthiness. The protective order was vacated, as was the order for the father to undergo a psychological evaluation. The matter was remanded for further proceedings. View "Stephan P. v. Cecilia A." on Justia Law

After a conflict of interest between an attorney and a long-time client arose during settlement negotiations, the attorney filed a confidential motion with the superior court criticizing his client. The client discharged the attorney and hired new counsel. But the attorney continued to control the settlement funds and disbursed himself his fee, even though the amount was disputed by the client. The court found that the attorney’s actions had violated the rules of professional conduct and ordered forfeiture of most of his attorney’s fees. Finding no reversible error in the superior court's order, the Alaska Supreme Court affirmed. View "Kenneth P. Jacobus, P.C. v. Kalenka" on Justia Law

At the end of a marriage marked by allegations of domestic violence and substance abuse, a couple sought protective orders as well as a divorce and custody decision regarding their young daughter. After a series of hearings over six months the superior court granted a decree of divorce and issued its custody, visitation, and support order. The mother appealed two aspects of the court’s order: (1) the court’s findings that she did not prove allegations that her ex-husband sexually assaulted her on two occasions; and (2) the court’s restriction of her use and possession of alcohol and controlled substances while she has custody of the child. Because the Alaska Supreme Court concluded the trial court did not clearly err by finding the mother had not proven by a preponderance of the evidence the alleged sexual assaults occurred, it affirmed that decision. The Court also concluded the trial court did not abuse its discretion by restricting the mother’s use of alcohol and controlled substances, and affirmed the superior court’s custody decision. View "Jill Y. v. Casey Y." on Justia Law

In previous proceedings, the Alaska Supreme Court vacated a superior court award entered in favor of Alaska Laser Wash, Inc. against the State, and remanded for reconsideration of prevailing party status, fees and costs. On remand the superior court determined that the State was the prevailing party and awarded the State attorney’s fees. Alaska Laser Wash appealed, arguing that it should have been awarded attorney’s fees under Alaska Civil Rule 72(k), which applied to eminent domain proceedings. After review, the Supreme Court affirmed the superior court’s ruling, concluding that when a landowner fails to establish a taking in an inverse condemnation case, attorney’s fees are awarded under Alaska Civil Rule 82, generally governing attorney’s fees, or Alaska Civil Rule 68, if there has been an offer of judgment, but not under the eminent domain rules. View "Alaska Laser Wash, Inc., v. Alaska Dept. of Trans. & Public Facilities" on Justia Law

The parents-parties to this appeal separated when their child was not yet two years old. Following contentious divorce proceedings, the superior court awarded equally shared physical custody and joint legal custody of the child. After trial, but before the court had issued its child custody decision, the mother filed a motion to relocate with the child. The court declined to address the relocation motion in its custody decision. Following evidentiary hearings on the relocation motion, a different judge awarded the mother primary physical custody. The father appealed, arguing the court made several errors when making its custody modification decision. Finding no reversible error, the Alaska Supreme Court affirmed the decision. View "Ott v. Runa" on Justia Law