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  • Commentaries
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Alaska Case Commentaries

Reaffirming Evidentiary Standards and No-Contact Orders in Divorce: Juma v. Peterson

Reaffirming Evidentiary Standards and No-Contact Orders in Divorce: Juma v. Peterson

Date: Mar 27, 2025
Reaffirming Evidentiary Standards and No-Contact Orders in Divorce: Juma v. Peterson Introduction In Erick Juma v. Reketta Peterson (Alaska Sup. Ct. No. S-18942, March 26, 2025), the Alaska Supreme...
Continuous Representation Rule Defines Accrual Date for Legal Malpractice Claims

Continuous Representation Rule Defines Accrual Date for Legal Malpractice Claims

Date: Mar 22, 2025
Continuous Representation Rule Defines Accrual Date for Legal Malpractice Claims Introduction In Holly Sheldon-Lee v. Birch Horton Bittner, Inc., the Alaska Supreme Court addressed two interrelated...
Exclusion of Military Disability Benefits from Marital Property Division under USFSPA: Iozzo v. Tarpenning

Exclusion of Military Disability Benefits from Marital Property Division under USFSPA: Iozzo v. Tarpenning

Date: Mar 20, 2025
Exclusion of Military Disability Benefits from Marital Property Division under USFSPA: Iozzo v. Tarpenning Introduction This case arises from the 2015 divorce of Michael Thomas Iozzo Jr. (“Iozzo”)...
Civil Challenges to Criminal Sentences Require Prior Invalidation: Affirmation of the Heck–Patterson Rule in Alaska

Civil Challenges to Criminal Sentences Require Prior Invalidation: Affirmation of the Heck–Patterson Rule in Alaska

Date: Mar 20, 2025
Civil Challenges to Criminal Sentences Require Prior Invalidation: Affirmation of the Heck–Patterson Rule in Alaska Introduction This commentary examines the Alaska Supreme Court’s memorandum opinion...
Requiring Consideration of DVPO Findings in Child Custody Best-Interests Analysis

Requiring Consideration of DVPO Findings in Child Custody Best-Interests Analysis

Date: Mar 20, 2025
Requiring Consideration of DVPO Findings in Child Custody Best-Interests Analysis Introduction Jasmine R. v. Cornell R. is a memorandum opinion issued by the Supreme Court of the State of Alaska on...
Clarifying Excusable Neglect Under Alaska R. Civ. P. 60(b)(1): Attorney Error Does Not Warrant Relief

Clarifying Excusable Neglect Under Alaska R. Civ. P. 60(b)(1): Attorney Error Does Not Warrant Relief

Date: Mar 20, 2025
Clarifying Excusable Neglect Under Alaska R. Civ. P. 60(b)(1): Attorney Error Does Not Warrant Relief Introduction In Edward H. v. Sarah B., Supreme Court No. S-18832 (Alaska March 19, 2025), the...
Guardianship Proceedings Under ICWA: Clarifying That Termination of Parental Rights Is Not a Prerequisite

Guardianship Proceedings Under ICWA: Clarifying That Termination of Parental Rights Is Not a Prerequisite

Date: Mar 15, 2025
Guardianship Proceedings Under ICWA: Clarifying That Termination of Parental Rights Is Not a Prerequisite Introduction In the recent decision of the Supreme Court of Alaska dated March 14, 2025, the...
Sequencing of Comparative Fault and Statutory Damages Caps: A New Precedent in Personal Injury Awards

Sequencing of Comparative Fault and Statutory Damages Caps: A New Precedent in Personal Injury Awards

Date: Mar 15, 2025
Sequencing of Comparative Fault and Statutory Damages Caps: A New Precedent in Personal Injury Awards Introduction The recent decision in Gregory Kisling v. Paul Grosz before the Supreme Court of...
New Precedent on Pretermination Due Process in Public School Employment

New Precedent on Pretermination Due Process in Public School Employment

Date: Mar 15, 2025
New Precedent on Pretermination Due Process in Public School Employment Introduction The Supreme Court of Alaska’s judgment in R. Brett Stirling v. North Slope Borough School District establishes a...
Dividing Only What Can Be Sold: Establishing the Marketable Goodwill Test in Divorce Proceedings

Dividing Only What Can Be Sold: Establishing the Marketable Goodwill Test in Divorce Proceedings

Date: Mar 15, 2025
Dividing Only What Can Be Sold: Establishing the Marketable Goodwill Test in Divorce Proceedings Introduction This comprehensive commentary examines the recent decision in Lydia May, f/k/a Lydia...
Revisiting Litigation Costs and Marital Debt: New Precedent in Divorce Asset Division

Revisiting Litigation Costs and Marital Debt: New Precedent in Divorce Asset Division

Date: Mar 8, 2025
Revisiting Litigation Costs and Marital Debt: New Precedent in Divorce Asset Division Introduction In the case of CHARITY L. MASSIE v. DARRELL L. MASSIE, the Supreme Court of Alaska addressed a...
Municipal Fines and Notice Requirements: Affirming Discretionary Authority in Excessive Police Response Ordinances

Municipal Fines and Notice Requirements: Affirming Discretionary Authority in Excessive Police Response Ordinances

Date: Mar 4, 2025
Municipal Fines and Notice Requirements: Affirming Discretionary Authority in Excessive Police Response Ordinances Introduction The case of Roseanne Leydon v. Municipality of Anchorage examines the...
Finalizing Custody from Interim Orders and Incentivizing Child Support Compliance: A New Precedent in Alaska Family Law

Finalizing Custody from Interim Orders and Incentivizing Child Support Compliance: A New Precedent in Alaska Family Law

Date: Mar 2, 2025
Finalizing Custody from Interim Orders and Incentivizing Child Support Compliance: A New Precedent in Alaska Family Law Introduction The Supreme Court of Alaska’s recent decision in Heather...
Refining Custody Determinations and Property Allocation in Domestic Partnerships: Affirmation of the Moeller-Prokosch Framework

Refining Custody Determinations and Property Allocation in Domestic Partnerships: Affirmation of the Moeller-Prokosch Framework

Date: Mar 2, 2025
Refining Custody Determinations and Property Allocation in Domestic Partnerships: Affirmation of the Moeller-Prokosch Framework Introduction The recent judgment in Wild B. Williams v. Rachel C....
Affirming Operational Decision-Making and Discretionary Immunity in Probation Supervision

Affirming Operational Decision-Making and Discretionary Immunity in Probation Supervision

Date: Feb 25, 2025
Affirming Operational Decision-Making and Discretionary Immunity in Probation Supervision Introduction In the case of Deanna Smith v. State of Alaska, Department of Corrections, the Alaska Supreme...
Establishing Offsets Against Child Support for Attorney Fee Debts: A New Precedent in Alaska

Establishing Offsets Against Child Support for Attorney Fee Debts: A New Precedent in Alaska

Date: Feb 25, 2025
Establishing Offsets Against Child Support for Attorney Fee Debts: A New Precedent in Alaska Introduction In the recent case of Robert Wills v. Aniela Humphries (formerly known as Aniela Whah-Wills),...
Establishing Imputed Income from Trust-Controlled Assets for Child Support Calculations: A New Precedent in Alaska

Establishing Imputed Income from Trust-Controlled Assets for Child Support Calculations: A New Precedent in Alaska

Date: Feb 21, 2025
Establishing Imputed Income from Trust-Controlled Assets for Child Support Calculations: A New Precedent in Alaska Introduction This Judgment in the case of PETER CHAPMAN, Appellant, v. JULIA...
Full Guardianship and the Exhaustion of Less Restrictive Alternatives: A Landmark Decision in Alaska

Full Guardianship and the Exhaustion of Less Restrictive Alternatives: A Landmark Decision in Alaska

Date: Feb 20, 2025
Full Guardianship and the Exhaustion of Less Restrictive Alternatives: A Landmark Decision in Alaska Introduction The Supreme Court of Alaska’s decision in In the Matter of the Protective Proceedings...
New Precedent: Recognizing Capacity‐Based Conflicts of Interest in Indigent Defense Representation

New Precedent: Recognizing Capacity‐Based Conflicts of Interest in Indigent Defense Representation

Date: Feb 20, 2025
New Precedent: Recognizing Capacity‐Based Conflicts of Interest in Indigent Defense Representation Introduction The case of Office of Public Advocacy v. Superior Court, First Judicial District...
Expanding Standing in Environmental Regulation: Redefining "Interested Person" Under the APA

Expanding Standing in Environmental Regulation: Redefining "Interested Person" Under the APA

Date: Feb 20, 2025
Expanding Standing in Environmental Regulation: Redefining "Interested Person" Under the APA Introduction In the case of Michelle Stone Bittner v. State of Alaska, Board of Game; and Douglas...
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