Alaska Case Commentaries

ICWA “Active Efforts,” Reasonable Time To Remedy, And Permanency For Young Indian Children: Commentary On Jada M. v. State of Alaska (Memorandum Opinion)

Date: Dec 4, 2025

ICWA “Active Efforts,” Reasonable Time To Remedy, And Permanency For Young Indian Children: Commentary On Jada M. v. State of Alaska Note: This is a commentary on an Alaska Supreme Court memorandum...

Child Support Liens as De Facto Super‑Priority Claims to Foreclosure Surplus: Commentary on Alaska USA Federal Credit Union v. The Sayer Law Group, P.C.

Date: Nov 29, 2025

Child Support Liens as De Facto Super‑Priority Claims to Foreclosure Surplus: Commentary on Alaska USA Federal Credit Union v. The Sayer Law Group, P.C. I. Introduction This Alaska Supreme Court...

Substantial Compliance, Summary Notice, and Frivolous Constitutional Claims in Municipal Zoning: Commentary on Frank Griswold v. City of Homer (Alaska 2025)

Date: Nov 29, 2025

Substantial Compliance, Summary Notice, and Frivolous Constitutional Claims in Municipal Zoning: Commentary on Frank Griswold v. City of Homer (Alaska 2025) Supreme Court of the State of Alaska,...

No Individual Right to Directly Petition an Investigative Grand Jury: Commentary on Thomas Garber v. Superior Court

Date: Nov 29, 2025

No Individual Right to Directly Petition an Investigative Grand Jury: Commentary on Thomas Garber v. Superior Court Introduction In Thomas Garber v. Superior Court, Third Judicial District, No....

Limits on Prospective Relief and Justiciability in Alaska Prisoner Litigation: Commentary on Raymond Katchatag v. State, Department of Corrections

Date: Nov 28, 2025

Limits on Prospective Relief and Justiciability in Alaska Prisoner Litigation: Commentary on Raymond Katchatag v. State, Department of Corrections Court: Supreme Court of the State of Alaska...

Reaffirming the Validity of Assigned Deeds of Trust and MERS Authority in Alaska Nonjudicial Foreclosures: Commentary on Clinton Hiler v. U.S. Bank

Date: Nov 20, 2025

Reaffirming the Validity of Assigned Deeds of Trust and MERS Authority in Alaska Nonjudicial Foreclosures: Commentary on Clinton Hiler v. U.S. Bank Court: Supreme Court of the State of Alaska...

Reaffirming Rehabilitative Spousal Support And Procedural Protections In Domestic Violence–Divorce Consolidations: Commentary On Rutherford v. Rutherford (Alaska 2025)

Date: Nov 20, 2025

Reaffirming Rehabilitative Spousal Support And Procedural Protections In Domestic Violence–Divorce Consolidations: Commentary On Kyle G. Rutherford v. Melissa E. Rutherford (Alaska 2025) Introduction...

Strict Enforcement of Procurement-Code Exhaustion and Prevailing-Party Fees: Commentary on JBG Memorial, LLC v. State of Alaska

Date: Nov 15, 2025

Strict Enforcement of Procurement-Code Exhaustion and Prevailing-Party Fees: Commentary on JBG Memorial, LLC v. State of Alaska I. Introduction JBG Memorial, LLC v. State of Alaska, Department of...

Limiting Alaska’s Constitutional “Whole‑Project” Analysis to State‑Owned Resources: Commentary on Orutsararmiut Native Council v. Boyle (Donlin Mine Permits)

Date: Nov 15, 2025

Limiting Alaska’s Constitutional “Whole‑Project” Analysis to State‑Owned Resources: Commentary on Orutsararmiut Native Council v. Boyle (Donlin Mine Permits) I. Introduction This consolidated...

Intent, Not Contributions: Domestic Partnership Property Classification in Huang v. Kobbeman

Date: Nov 13, 2025

Intent, Not Contributions: Domestic Partnership Property Classification in Huang v. Kobbeman I. Introduction The Alaska Supreme Court’s memorandum opinion in Catherine Huang v. Aaron Kobbeman (No....

Personal-Use Harvest Is Not “Commerce”: Evenhanded Conservation Closures Upheld Against Dormant Commerce Clause Challenge

Date: Nov 1, 2025

Personal-Use Harvest Is Not “Commerce”: Evenhanded Conservation Closures Upheld Against Dormant Commerce Clause Challenge Case: Cook Inlet Fisherman’s Fund v. Alaska Department of Fish & Game, Alaska...

Mere Situs Is Not “Use” Under Florida UM Coverage: Alaska Supreme Court (Mem. Op.) Affirms No Coverage for Fireworks Injury Launched From a Stationary, Uninsured Trailer

Date: Oct 24, 2025

Mere Situs Is Not “Use” Under Florida UM Coverage: Alaska Supreme Court (Mem. Op.) Affirms No Coverage for Fireworks Injury Launched From a Stationary, Uninsured Trailer Case: Walter M. Elrod and...

Immediate Means Immediate: Facility Refusals Count as State Capacity in Alaska’s Pre‑Evaluation Detention — In re Hospitalization of Tavis J. (Alaska 2025)

Date: Oct 18, 2025

Immediate Means Immediate: Facility Refusals Count as State Capacity in Alaska’s Pre‑Evaluation Detention — In re Hospitalization of Tavis J. (Alaska 2025) Introduction In In the Matter of the...

Forrer v. State of Alaska: Broad “Sustained Yield” Challenges Are Nonjusticiable; Plaintiffs Must Target Specific Agency Actions

Date: Oct 13, 2025

Forrer v. State of Alaska: Broad “Sustained Yield” Challenges Are Nonjusticiable; Plaintiffs Must Target Specific Agency Actions Introduction In Forrer v. State of Alaska (Alaska Supreme Court No....

Expedited APOC Hearings Are Not Final: Alaska Supreme Court Upholds Post‑Hearing Subpoenas and Rejects Res Judicata and Due Process Challenges

Date: Oct 13, 2025

Expedited APOC Hearings Are Not Final: Alaska Supreme Court Upholds Post‑Hearing Subpoenas and Rejects Res Judicata and Due Process Challenges Case: Republican Governors Association; A Stronger...

Enforcing Separation Agreements in Alaska: Capacity, Duress, and Unconscionability as Gatekeepers to Unequal Property Divisions

Date: Oct 10, 2025

Enforcing Separation Agreements in Alaska: Capacity, Duress, and Unconscionability as Gatekeepers to Unequal Property Divisions Case: Burton Haviland Jr. v. Kimberly Haviland Court: Supreme Court of...

Active Efforts Under ICWA During Pretrial Incarceration: Relative Placement and Tribal Engagement Can Satisfy the Standard

Date: Oct 10, 2025

Active Efforts Under ICWA During Pretrial Incarceration: Relative Placement and Tribal Engagement Can Satisfy the Standard Introduction In Enzo C. v. State, DFCS, OCS, the Alaska Supreme Court...

Reaffirming Hearing Requirements for Rule 11 Sanctions and Mandatory AS 25.20.115 Findings; Written Orders Control “Shared Physical Custody” Under Rule 90.3

Date: Oct 10, 2025

Reaffirming Hearing Requirements for Rule 11 Sanctions and Mandatory AS 25.20.115 Findings; Written Orders Control “Shared Physical Custody” Under Rule 90.3 Note: This is a memorandum opinion and...

Holistic “Active Efforts” Under ICWA and the Effect of Parental Disappearance: Roger S. v. State of Alaska (Memorandum Opinion, Oct. 8, 2025)

Date: Oct 10, 2025

Holistic “Active Efforts” Under ICWA and the Effect of Parental Disappearance: Roger S. v. State of Alaska (Memorandum Opinion, Oct. 8, 2025) Note on precedential status: This is a memorandum opinion...

Prejudgment Interest Must Be Netted Against Interim Distributions When a Marital Business Is Awarded as of the Separation Date

Date: Oct 10, 2025

Prejudgment Interest Must Be Netted Against Interim Distributions When a Marital Business Is Awarded as of the Separation Date Case: Ryan A. Johnston v. Tiffany G. Adkins f/k/a Tiffany G. Johnston;...