Alaska Case Commentaries

Supreme Court of Alaska Establishes Reasonable Basis Standard for Mining Claim Cures

Date: Apr 22, 2023

Supreme Court of Alaska Establishes Reasonable Basis Standard for Mining Claim Cures Introduction The Supreme Court of Alaska, in the case of Teck American Incorporated and State of Alaska,...

Division of Retirement and Benefits Adherence to Statutory Appeal Procedures in PERS Benefit Denials

Date: Aug 4, 2022

Division of Retirement and Benefits Adherence to Statutory Appeal Procedures in PERS Benefit Denials Introduction The case of Freda Miller v. State of Alaska, Department of Administration, Division...

Enhanced Jurisdictional Oversight in Waste Determinations: French v. Alaska Oil & Gas Conservation Commission

Date: Sep 4, 2021

Enhanced Jurisdictional Oversight in Waste Determinations: French v. Alaska Oil & Gas Conservation Commission Introduction French v. Alaska Oil & Gas Conservation Commission is a pivotal case...

Alaska Supreme Court Upholds Enforceability of Subrogation Waivers in Self-Funded Employee Health Plans

Date: Aug 21, 2021

Alaska Supreme Court Upholds Enforceability of Subrogation Waivers in Self-Funded Employee Health Plans Introduction In the case of Paige M. Best v. Fairbanks North Star Borough (493 P.3d 868, Alaska...

Taxation of Waste Stripping Affirmed: Fairbanks Gold Mining v. Fairbanks North Star Borough Assessor

Date: Jun 19, 2021

Taxation of Waste Stripping Affirmed: Fairbanks Gold Mining v. Fairbanks North Star Borough Assessor Introduction In the landmark case of Fairbanks Gold Mining, Inc. v. Fairbanks North Star Borough...

Supreme Court of Alaska Establishes Guidelines on Division of Non-Divisible Disability Benefits in Marital Asset Distribution

Date: Feb 13, 2021

Supreme Court of Alaska Establishes Guidelines on Division of Non-Divisible Disability Benefits in Marital Asset Distribution Introduction In the landmark case of Thomas E. Jordan, Appellant, v....

Intent Required for Personal Guarantees to Bind Affiliates and Extended Leases: Alaska Supreme Court Decision

Date: Sep 19, 2020

Intent Required for Personal Guarantees to Bind Affiliates and Extended Leases: Alaska Supreme Court Decision Introduction The case of Beardsley et al. v. Jacobsen Living Trust and Wings Airline...

Affirming Clear and Convincing Evidence Standards in Involuntary Psychiatric Commitments: State of Alaska v. Rabi R.

Date: Aug 1, 2020

Affirming Clear and Convincing Evidence Standards in Involuntary Psychiatric Commitments: State of Alaska v. Rabi R. Introduction The case of State of Alaska v. Rabi R. presents a pivotal examination...

Affirmation of Custodial Modification Due to Egregious Parental Interference in Visitation Rights

Date: Apr 6, 2019

Affirmation of Custodial Modification Due to Egregious Parental Interference in Visitation Rights Introduction The case of Regina C., n/k/a Regina S. Appellant, v. Michael C. Appellee, adjudicated by...

Alaska Supreme Court Affirms Mootness and Procedural Standards in Ballot Initiative Dispute

Date: Sep 29, 2018

Alaska Supreme Court Affirms Mootness and Procedural Standards in Ballot Initiative Dispute Introduction The case of Ronda Marcy, Appellant, v. Matanuska-Susitna Borough, Appellee (433 P.3d 1056)...

Clarifying the Coverture Fraction: Alaska Supreme Court Establishes Proper Use in Equitable Distribution

Date: Aug 11, 2018

Clarifying the Coverture Fraction: Alaska Supreme Court Establishes Proper Use in Equitable Distribution Introduction The case of Gregory Gordon v. Patricia Gordon (425 P.3d 142) before the Supreme...

Supreme Court of Alaska Overturns Unfair Labor Practice Ruling in PSEA v. City of Fairbanks

Date: Jun 16, 2018

Supreme Court of Alaska Overturns Unfair Labor Practice Ruling in PSEA v. City of Fairbanks Introduction This commentary examines the landmark decision in Public Safety Employees Association, AFSCME...

Recharacterizing Retirement Benefits in Marital Asset Division: Wiegers v. Richards-Wiegers Sets New Precedent

Date: May 12, 2018

Recharacterizing Retirement Benefits in Marital Asset Division: Wiegers v. Richards-Wiegers Sets New Precedent Introduction Charles Wiegers and Amy Richards-Wiegers were married for nearly three...

Underinsured Motorist Coverage Defined: Analysis of Hahn v. GEICO Choice Insurance Company

Date: May 12, 2018

Underinsured Motorist Coverage Defined: Analysis of Hahn v. GEICO Choice Insurance Company Introduction In the landmark case of Chad Hahn v. GEICO Choice Insurance Company, Franklin Townsend, and...

Alaska Supreme Court Rules Jurisdiction in CINA Cases Independent of Custody Orders

Date: Feb 10, 2018

Alaska Supreme Court Rules Jurisdiction in CINA Cases Independent of Custody Orders Introduction The case of STATE of Alaska, DEPARTMENT OF HEALTH & SOCIAL SERVICES, OFFICE OF CHILDREN'S SERVICES v....

Sababu Hodari v. State of Alaska: Clarifying Attorney's and Paralegal Fees in Disciplinary Appeals

Date: Oct 28, 2017

Sababu Hodari v. State of Alaska: Clarifying Attorney's and Paralegal Fees in Disciplinary Appeals Introduction The case of Sababu Hodari v. State of Alaska, Department of Corrections (407 P.3d 468)...

Establishing Paternity in Estate Proceedings: Comprehensive Analysis of Estate of James V. Seward, Deceased (401 P.3d 976)

Date: Jun 3, 2017

Establishing Paternity in Estate Proceedings: Comprehensive Analysis of Estate of James V. Seward, Deceased (401 P.3d 976) Introduction The case of Estate of James V. Seward, Deceased revolves around...

Retaliatory Termination and Whistleblower Protections: Analysis of Ernest Frank Thomas v. State of Alaska

Date: Aug 27, 2016

Retaliatory Termination and Whistleblower Protections: Analysis of Ernest Frank Thomas v. State of Alaska Introduction The case Ernest Frank Thomas v. State of Alaska revolves around the termination...

Enforcement of Telephonic Visitation Rights in Custody Orders: del Rosario v. Clare

Date: Aug 27, 2016

Enforcement of Telephonic Visitation Rights in Custody Orders: del Rosario v. Clare Introduction In the case of Joyce A. del Rosario v. Kenneth A. Clare, the Supreme Court of Alaska addressed...

Strict Enforcement of Bid Qualification Requirements: Pacifica Marine Inc. v. Solomon Gold, Inc.

Date: Aug 22, 2015

Strict Enforcement of Bid Qualification Requirements: Pacifica Marine Inc. v. Solomon Gold, Inc. Introduction The case of Pacifica Marine, Inc. and Mike Benchoff v. Solomon Gold, Inc. and State of...