Justia Alaska Supreme Court Opinion Summaries

In 2009 Elisabeth Bachmeier defaulted on a loan secured by a deed of trust against her home, and a nonjudicial foreclosure was initiated. Bachmeier requested a reinstatement quote in order to halt the foreclosure. Alaska Trustee, the trustee under the deed of trust, replied with a quote which included foreclosure costs that were not attorney's fees or court costs, the only items the foreclosure statute expressly mentions as recoverable in a reinstatement amount. Bachmeier brought suit against Alaska Trustee, Routh Crabtree Olsen (the law firm aiding in the foreclosure), and Richard Ullstrom (an attorney employed by Routh Crabtree Olsen), alleging that the inclusion of the disputed foreclosure costs violated the foreclosure statute and was a deceptive practice in violation of the Unfair Trade Practices and Consumer Protection Act (UTPA). Bachmeier also argued that her deed of trust did not provide that all foreclosure costs could be recovered in the reinstatement amount. Both sides moved for summary judgment. The superior court concluded that the inclusion of the foreclosure costs violated the foreclosure statute and that the UTPA applied to nonjudicial foreclosures. Alaska Trustee appealed. The Supreme Court granted review to determine: (1) the scope of permissible charges to be included in the reinstatement amount given to homeowners facing nonjudicial foreclosure under AS 34.20.070(b); and (2) whether the UTPA applied to nonjudicial deed of trust foreclosures. The Court held that because the beneficiary of a deed of trust has a right to be returned to its status quo ante when the borrower reinstates after a default, Alaska Trustee could include in Bachmeier's reinstatement amount all reasonable costs it incurred pursuing the foreclosure under the foreclosure statute, regardless of whether Bachmeier's deed of trust specifically provided for the inclusion of such costs. Furthermore, the Court held that the UTPA did not apply to nonjudicial deed of trust foreclosures. View "Alaska Trustee, LLC v. Bachmeier" on Justia Law

In 2010 the Alaska Judicial Council recommended that the electorate not retain a sitting district court judge. Susan Kruse and a handful of other voters1 challenged the constitutionality of AS 22.15.195, which granted the Council power to make such recommendations. The superior court concluded that the statute was constitutional but enjoined the Council from releasing new information about the judge in the 60 days prior to an election. On appeal, the Supreme Court also found that AS 22.15.195 was constitutional and does not limit the Council's dissemination of new information. The Court therefore affirmed the superior court's ruling in part but reversed and vacated the superior court's injunction prohibiting the Council's public dissemination of new information in the 60 days preceding an election. View "Alaska Judicial Council v. Kruse" on Justia Law

The Department of Labor and Workforce Development, Division of Employment Security (the Division) determined that Leo Blas committed fraud when he failed to report that he worked and traveled during weeks he claimed and received unemployment benefits. Blas presented no contrary evidence disputing these findings and this conclusion. Accordingly, the Supreme Court affirmed the superior court's decision to uphold the Division's decision to reduce and deny Blas' receipt of unemployment benefits and to disqualify him from receiving benefits for 52 weeks. View "Blas v. Alaska, Dept. of Labor" on Justia Law

Linda Moffitt filed suit as her mother's guardian and conservator and the successor trustee of her parents' living trusts, seeking to rescind or reform a deed they executed in 1995 and a contract they signed in 1998. The superior court dismissed Linda's claims, concluding that the statutes of limitations had run before Linda filed her lawsuit in 2005. The issue this case presented to the Supreme Court centered on whether the superior court properly applied the statutes of limitations. The Supreme Court concluded that Linda's mostly equitable claims were subject to the defense of laches, and the statutes of limitations did not apply to these claims. View "Moffitt v. Moffitt" on Justia Law

A shareholder of Arctic Slope Regional Corporation sought to exercise his statutory right to inspect books and records of account and minutes of board and committee meetings relating to executive compensation and an alleged transfer of equity in corporate subsidiaries to executives. The Corporation claimed that the materials were confidential and sought to negotiate a confidentiality agreement prior to release of any documents. When the shareholder ultimately rejected the proposed confidentiality agreement, the Corporation released to the shareholder only the annual reports and proxy statements of the Corporation and the minutes describing the subjects discussed and actions taken at the meetings. The shareholder did not receive the detailed, individualized compensation information he sought. The shareholder sued, claiming that the Corporation withheld information that statutorily it was required to release, and that the Corporation improperly insisted on a confidentiality agreement prior to releasing any of the requested documents. The superior court ruled that electronically maintained accounting records were not within the statutory category of "books and records of account"; that the Corporation satisfied the requirement to disclose "books and records of account" when it disclosed only annual reports and proxy statements; and that the Corporation satisfied the requirement to disclose meeting minutes. Furthermore, the court concluded that the Corporation could demand a confidentiality agreement prior to release of any information, and that the terms of the particular confidentiality agreement offered in this case were reasonable. The shareholder appealed, arguing that the statutory right of inspection encompasses more than what the Corporation provided and that the Corporation had no right to demand the confidentiality agreement in this case. This appeal presented several issues of first impression in Alaska. Upon review, the Supreme Court held: (1) the statutory phrase "books and records of account" includes electronically maintained books and records of account; (2) the statutory phrase also goes beyond mere annual reports and proxy statements; and (3) the statutory phrase at least encompasses monthly financial statements, records of receipts, disbursements and payments, accounting ledgers, and other financial accounting documents, including records of individual executive compensation and transfers of corporate assets or interests to executives; (4) the statutory category "minutes" does not encompass all presentations or reports made to the board but rather merely requires a record of the items addressed and actions taken at the meeting, as have been faithfully recorded after the meeting; and (5) a corporation may request a confidentiality agreement as a prerequisite to distributing otherwise-inspectable documents provided that the agreement reasonably defines the scope of confidential information subject to the agreement and contains confidentiality provisions that are not unreasonably restrictive in light of the shareholder's proper purpose and the corporation's legitimate confidentiality concerns. The Court found that the Corporation's proffered confidentiality agreement in this case was not sufficiently tailored or limited in scope and thus the shareholder's refusal to sign it could not serve as a legal basis for avoiding liability for denying his inspection claims. View "Pederson v. Arctic Slope Regional Corp." on Justia Law

Appellant James Price appealed a superior court order affirming the Kenai Peninsula Borough Clerk's rejection of his ballot referendum application. The proposed referendum would have repealed Borough Ordinance 2008-28, which authorized the general law cities within the Borough to tax non-prepared food items on a year-round basis. The Borough Clerk and the superior court rejected the application on the ground that it violated AS 29.26.100's prohibition on local or special legislation. After review, the Supreme Court concluded that the referendum did not violate the prohibition on local or special legislation and would be enforceable if passed. Accordingly, the Court reversed. View "Price v. Kenai Peninsula Borough" on Justia Law

Adam Sagers appealed a superior court's award of physical and legal custody of his minor son to the boy's mother, Colleen Sackinger. Adam contended: (1) that the superior court abused its discretion in denying a continuance of trial; (2) that it clearly erred in its factual findings; and, (3) that it abused its discretion in conditioning unsupervised visitation on Adam's completion of a psychological evaluation. Adam also contended that the trial judge was personally biased against him. Finding no error, the Supreme Court affirmed the superior court's judgment. View "Sagers v. Sackinger" on Justia Law

Denali Citizens Council challenged the Department of Natural Resources' (DNR) finding that issuing a license to Usibelli Coal Mine for gas exploration in the Healy Basin was in the best interests of the state on two grounds: (1) DNR failed to take a "hard look" at the economic feasibility of excluding certain residential areas and wildlife habitat from the license; and (2) DNR's treatment of environmental mitigation measures in the best interest finding was arbitrary and capricious. Upon review, the Supreme Court affirmed the superior court's order upholding DNR's decision to issue the gas exploration license to Usibelli because the Court concluded that DNR did not act arbitrarily in developing and publishing its best interest finding. View "Denali Citizens Council v. Alaska Dept. of Natural Resources" on Justia Law

Marilyn Coppe worked in the medical offices of Drs. Michael and Laurie Bleicher from 1994 to 2003. In early 2003, she began to experience respiratory and pain symptoms, which she attributed to her work environment. After her work with the Bleichers ended in October 2003, Coppe sued them in superior court for wrongful discharge. According to Coppe, she became aware during the course of the litigation that she could file a claim with the Alaska Workers' Compensation Board for work-related medical problems. She filed a report of injury in August 2005, alleging that she had suffered an orthopedic strain from repetitive work. She also alleged that she suffered respiratory symptoms due to her work environment. After a hearing, the Board denied her claim, and the Alaska Workers' Compensation Appeals Commission affirmed the Board's decision. Coppe argued on appeal to the Supreme Court that the Board and Commission made factual and legal errors in deciding her case. Finding no error, the Supreme Court affirmed the Commission's decision. View "Coppe v. Bleicher" on Justia Law

The superior court granted a divorce to Shelley and Matthew Richter and equitably divided their marital property. Matthew appealed, challenging the court’s jurisdiction and its finding that a loan from Matthew’s mother was marital debt. Finding no reversible error, the Supreme Court affirmed. View "Richter v. Richter" on Justia Law