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

The Anchorage Assembly passed an ordinance modifying the labor relations chapter of the Anchorage Municipal Code. Two citizen-sponsors filed an application for a referendum that would repeal the ordinance. The Municipality rejected the application, reasoning that the proposed referendum addressed administrative matters that were not proper subjects for direct citizen legislation. The sponsors filed suit in superior court and prevailed on summary judgment. The Municipality appealed, arguing that the referendum was barred because: (1) state and municipal law grants exclusive authority over labor relations to the Assembly; (2) the referendum made an appropriation; and (3) its subject was administrative, not legislative. Following oral argument, the Supreme Court issued an order on January 10, 2014, affirming the superior court's grant of summary judgment to the sponsors. This opinion explained the Court's reasoning. View "Municipality of Anchorage v. Holleman" on Justia Law

This case stemmed from a dispute between property owners on a small island in Southeast Alaska. After moving to the island with his family, Todd Shumway engaged in activities that Betty Black, the largest landowner, claimed were in violation of the island's protective covenants. The superior court found in favor of Black and awarded injunctive and monetary relief to her and another landowner, Dale Lockwood. When Black attempted to collect on her judgment by executing on Shumway's island property, Shumway, who was incarcerated in Arizona on charges unrelated to this case, claimed a homestead exemption. The superior court denied the exemption. Shumway appealed the denial. Finding no reversible error, the Supreme Court affirmed. View "Shumway v. Betty Black Living Trust" on Justia Law

In 2005, appellants Max and Peggy Espeland refinanced their home with E-Loan, Inc. Shortly thereafter, their loan was purchased by another bank and securitized. The Espelands eventually defaulted on the loan and their home was sold in a non-judicial deed of trust foreclosure. The Espelands brought an action in the superior court to void the sale, arguing mainly that inconsistencies in and multiple transfers of the loan and security documents caused defects in the chain of title. The superior court disagreed and granted summary judgment against the Espelands. The Espelands appealed. Thereafter, the Espelands moved for relief from judgment, citing fraud by the defendants. The superior court denied this motion. The Espelands filed a second appeal, and the Supreme Court consolidated the two appeals for decision. Because the Espelands did not produce any evidence of defects with the chain of title or with the foreclosure, the Supreme Court affirmed the superior court’s grant of summary judgment. Because after reviewing the record the Court saw no evidence of fraud or malfeasance, it affirmed the superior court’s denial of the motion for relief from judgment. View "Espeland v. OneWest Bank, FSB" on Justia Law

Rowan B., Sr. and Risa F. appealed the adjudication of their children as children in need of aid. The adjudication was based on allegations that Rowan had physically and sexually abused their daughter and Risa's daughters from an earlier relationship and that Risa was too mentally ill to care for the children. Risa challenged the finding that her mental illness prevented her from adequately parenting the children. Rowan raised numerous challenges to the trial court’s actions, including arguments about notice and denial of materials during discovery. Upon review, the Supreme Court concluded that the trial court erred in denying Rowan access to materials he sought through discovery without at least conducting an in camera review. The Court retained jurisdiction and remanded the case to the trial court for further limited proceedings. View "Rowan B. v. Alaska, Dept. of Health & Social Services, Office of Children's Services" on Justia Law

Bret Maness alleged that defendants committed a series of sexual assaults against him in the 1970s, when he was still a child. He further alleged that, although the defendants used a combination of date rape drugs and hypnosis to cause him to forget these incidents, he recovered memories of the assaults shortly before filing his complaint. Maness sued for assault and battery, sexual assault, intentional infliction of emotional distress, and false imprisonment, based on those 1970s incidents. The superior court concluded that Maness' claims are barred by the statute of limitations. In his appeal, Maness argued that the discovery rule tolled the statute of limitations because he provided an affidavit stating that he suffered from repressed memory syndrome and has only recently recovered memories of these assaults. The Supreme Court agreed with the superior court’s conclusion that expert testimony is necessary to support a claim based on repressed memory syndrome and affirmed the grant of summary judgment in favor of defendants. View "Maness v. Gordon" on Justia Law

A husband and wife divorced in 2011. In their property settlement agreement, the wife would receive 55% of the marital estate and 50% of the marital share of the husband's military pension. The parties then disputed how to properly effectuate the settlement agreement. They submitted competing orders addressing the military pension division, and the superior court accepted the wife’s order. The husband appealed, arguing that: (1) he was denied the opportunity to present evidence; (2) the superior court violated federal law by dividing gross pay, disability pay, and more than 50% of disposable retirement pay; (3) the superior court’s final order awarding survivor benefits did not comply with the parties’ settlement agreement and ignored the parties’ stipulated length of marriage; (4) the superior court erred by awarding the wife additional compensation without explanation; and (5) the superior court incorrectly barred the parties’ children from survivor benefit coverage. Because the superior court ignored the stipulated length of marriage and awarded the wife a survivor benefit exceeding her share of the husband’s military pension, the Supreme Court reversed and remanded on those issues. Otherwise, the Court affirmed the superior court’s decision. View "Glover v. Ranney" on Justia Law

Responding to a domestic disturbance call, police officers entered a residence without a warrant and pepper sprayed and handcuffed a resident. The family sued for excessive force and unlawful entry. The superior court dismissed the claims on summary judgment, granting qualified immunity for the excessive force claims and holding that the family had not raised a cognizable unlawful entry claim. The superior court later denied the family’s Alaska Civil Rule 60(b)(2) motion to set aside the rulings based on newly discovered evidence. The family appealed. Upon review of the trial court record, the Supreme Court affirmed the summary judgment ruling and the denial of the Rule 60(b)(2) motion, but remanded the case for further proceedings on the family’s trespass and invasion of privacy claims. View "Lum v. Koles" on Justia Law

An at-will employee was placed on probation and later terminated for making an inappropriate comment at a work party. The employee sued the employer for breach of contract and breach of the implied covenant of good faith and fair dealing. The superior court granted summary judgment on both counts. Upon review, the Supreme Court affirmed the superior court's judgment because the employee was at-will, his termination was not a breach of his employment contract, and he failed to present a genuine issue that the employer acted in bad faith. View "Morrison v. NANA WorleyParsons, LLC" on Justia Law

Philip J. has nine children. The superior court terminated his parental rights to eight. Philip appealed two separate termination orders (Case No. S-14810 and Case No. S14994) which were consolidated in this decision. Philip argued that the superior court erred in finding that active efforts were made to keep this Indian family together in both termination orders. He also argued that the superior court erred when it determined that his eighth child was a child in need of aid. Finding no reversible error, the Supreme Court affirmed both orders. View "Phillip J. v. Alaska" on Justia Law