Justia Alaska Supreme Court Opinion Summaries

Garold Charles was in an accident while riding as a passenger in a vehicle belonging to Tara and Anthony Stout. He brought negligence claims against the Stouts and Credit Union 1, the lienholder of the Stouts’ vehicle. Credit Union 1 moved for summary judgment. Charles opposed the motion, relying on testimony from Tara’s deposition and contending in part that he was a third-party beneficiary of an alleged contract between Credit Union 1 and the Stouts by which the credit union agreed to provide liability insurance. The superior court struck Tara’s testimony and granted summary judgment to Credit Union 1. Charles appealed. Finding no error in the trial court's decision, the Supreme Court affirmed. View "Charles v. Stout" on Justia Law

Joshua Wilhour moved for modification of child support based on his recent relocation to share custody of his son, and because his income had been reduced. Joshua and his former wife Jacqueline each alleged the other was voluntarily unemployed (or underemployed). The trial court modified child support based on Joshua's income on what he had earned before he moved. Joshua appealed that calculation, and the trial court's denial of his request for a hearing. Upon review, the Supreme Court remanded the case for an evidentiary hearing and for reconsideration of the effective date of the modification. View "Wilhour v. Wilhour" on Justia Law

Appellant Hugo Rosales suffered an injury working on a fish-processing vessel. He filed both a workers' compensation claim and a maritime lawsuit. Appellant and the employer ultimately entered into a global settlement of both cases. The state Workers' Compensation Board initially rejected the settlement. Appellant later tried to withdraw from the settlement but changed his mind. At a hearing, he testified that the though the settlement was in his best interests. The Board approved the settlement after the hearing. Several months later, appellant moved to have the agreement set aside. The Board denied this request. The Workers' Compensation Appeals Commission affirmed the Board's decision. Finding no error in the Commission's decision, the Supreme Court affirmed. View "Rosales. v. Icicle Seafoods, Inc." on Justia Law

The issue on appeal before the Supreme Court concerned a contract dispute between Appellant North Pacific Erectors, Inc. and the Alaska Department of Administration. North Pacific and the Department contracted for a renovation and asbestos removal project in a State office building. After work began, North Pacific requested additional payment for the asbestos removal, claiming there was a differing site condition that made the project more labor-intensive than it had expected. The Department denied the differing site condition claim, and North Pacific filed an administrative appeal. A hearing officer recommended that North Pacific was entitled to additional compensation. But the hearing officer's recommendation was rejected, and a final agency decision was issued denying North Pacific's claim for additional compensation. North Pacific challenged the agency decision in superior court, arguing that the agency decision was procedurally flawed and incorrectly resolved the contract issues. The superior court affirmed the agency decision. North Pacific appealed. The Supreme Court concluded that even if North Pacific could prevail on its differing site condition claim or its procedural claims, its failure to comply with express provisions of the contract would have barred recovery. Therefore, the Court affirmed the superior court's decision affirming the agency decision. View "North Pacific Erectors, Inc v. Alaska" on Justia Law

Four children tested positive at birth for cocaine. After the fourth child was born, the Office of Children's Services (OCS) took custody of the child and placed him with his maternal grandmother. Based on the mother's history of untreated substance abuse, OCS filed a petition for termination of the her parental rights months after the child was born. After trial, the superior court concluded that termination was in the best interests of the child. The mother appealed, arguing that she was not given a reasonable time to remedy her substance abuse issues, that OCS did not exercise reasonable efforts over the short period prior to termination, and that termination eight months after birth was not in her child's best interests. Upon review, the Supreme Court affirmed the decision of the superior court because it properly considered the mother's history with OCS, her conduct after the child's birth, and the best interests of the child. View "Amy M. v. Alaska" on Justia Law

Alaskan Crude Corporation applied to the Alaska Oil and Gas Conservation Commission to have a suspended the "Burglin 33-1" well reopened to explore for oil and gas. Arguing that it was highly unlikely that oil from the well would rise to the surface unassisted, Alaskan Crude requested to be exempted from oil discharge response requirements or, in the alternative, to have the requirements reduced. The Commission made successive reductions to the technical flow-rate assessments and the response planning standards that it recommended to the Alaska Department of Environmental Conservation for use in setting Alaskan Crude’s discharge response requirements. The Commission declined, however, to classify the Burglin 33-1 well as a gas facility, which would have exempted Alaskan Crude entirely from such requirements. Alaskan Crude appealed to the superior court, challenging the Commission’s recommended response planning standards and its well classification. The superior court affirmed. Alaskan Crude appealed from the superior court’s decision. Finding no error, the Supreme Court affirmed. View "Alaskan Crude Corporation v. Alaska" on Justia Law

The Aleut Corporation terminated its chief executive officer, Troy Johnson. He challenged the termination, and according to his employment contract, the matter was submitted to binding arbitration. That agreement contained a broad arbitration clause providing that "[a]ny and all disputes . . . arising out of, relating in any way to or in connection with this Agreement and/or Executive's employment with or termination of employment from the Company . . . shall be solely settled by an arbitration." The parties disputed whether the Corporation had violated the contract by terminating Johnson and whether Johnson's alleged breach of contract justified the termination. The arbitrator awarded damages to Johnson, finding the Corporation violated the contract. The Aleut Corporation petitioned the superior court to vacate the arbitrator's decision, claiming that the arbitrator had addressed an issue that was never submitted to arbitration and was thus not arbitrable. The superior court vacated the arbitration award, concluding that the arbitrator had exceeded his authority, and Johnson appealed. Because the dispute was arbitrable, the Supreme Court concluded that the arbitrator did not exceed his authority, and therefore reversed the superior court's decision to vacate the award. View "Johnson v. The Aleut Corporation" on Justia Law

A tour company claimed fraud and misconduct on the part of a borough in the course of a fraudulent conveyance trial concerning liability for property taxes. Specifically, the company argued that a police officer falsely testified at trial concerning a conversation he allegedly had with the company president regarding the company's obligation to pay borough taxes. The superior court denied relief under Rule 60(b)(3), finding that the company had failed to establish clear and convincing evidence of fraud. The company appealed, arguing that the superior court applied the incorrect legal standard and that the company presented clear and convincing evidence of fraud. The company also appealed various orders relating to discovery and the award of attorney's fees. Because the superior court applied the correct legal standard and did not abuse its discretion in finding that there was not clear and convincing evidence of fraud, the Supreme Court affirmed its denial of the Rule 60(b) motion. Furthermore, the Court affirmed the lower court's refusal to reopen discovery or awarding attorney's fees. View "Alaskan Adventure Tours, Inc. v. The City and Borough of Yakutat" on Justia Law

Paul Harder brought a lawsuit seeking restoration damages against Joel and Darlene Wiersum after the Wiersums cleared trees from Harder's property without his permission. The Wiersums filed a third-party complaint against Harder's sister, Lisa Wietfeld. They sought to apportion fault to Wietfeld, claiming that she had negligently misrepresented that she owned the property where the trees were cut when she gave them permission to remove trees from her property. The superior court granted Wietfeld's summary judgment motion; the remaining parties proceeded to trial and a jury awarded Harder compensatory restoration damages and statutory treble damages. The Wiersums appealed, arguing that the superior court erred by dismissing their claim against Wietfeld and by denying their motions for directed verdicts and judgment notwithstanding the verdict. Because the Supreme Court concluded that Wietfeld owed no duty to Harder, it affirmed the superior court's grant of summary judgment as to Wietfeld. Furthermore, the Court affirmed the denial of the Wiersums' motions for a directed verdict because Harder presented sufficient evidence for the issue of restoration costs to be submitted to the jury. However, the Court concluded that the superior court erred by denying the Wiersums' motion for judgment notwithstanding the verdict because the jury's award of restoration damages was objectively unreasonable. Therefore the damages award was vacated and a new trial ordered. View "Wiersum v. Harder" on Justia Law

When passing a 1997 ordinance, the Anchorage Municipal Assembly amended the boundaries of a proposed Downtown Improvement District to exclude some properties on K and L Streets. The building at 420 L Street, the property owned by appellant L Street Investments, was in the original proposal but was subsequently carved out by the Assembly. In 2000 the Assembly extended the life of the District for ten years. Beginning in 2009, the Anchorage Downtown Partnership canvassed businesses hoping to extend the term of the District and expand it to include businesses between I and L Street. After the majority of business owners in the proposed District approved the extension and expansion, the Assembly extended the term of the District and expanded it to include businesses between I and L Streets, including the building at 420 L Street. L Street Investments filed suit, arguing: (1) Section 9.02(a) of the Municipality of Anchorage's Charter did not authorize the Municipality to finance services within the District by an assessment; and (2) the District is a "service area," and AS 29.35.450(c) prohibits the expansion of a service area unless a majority of voters in the area to be added vote in favor of expanding the service area. The Anchorage Downtown Partnership intervened, and all parties filed cross-motions for summary judgment. The superior court granted summary judgment to the Municipality and the Anchorage Downtown Partnership. Finding no error, the Supreme Court affirmed the grant of summary judgment. View "L Street Investments v. Municipality of Anchorage" on Justia Law