A property owner leased gravel mining rights to a lessee. The lessee in turn leased its rights to a sublessee. The sublessee assumed the lessee’s duty to pay royalties to the property owner and agreed to pay overriding royalties to the lessee. The lessee later assigned the overriding royalties to an assignee. After more than a decade of operating under these arrangements, the sublessee purchased... More...   $0 (10-30-2009 - AK)

A municipality sought land through eminent domain to expand its water treatment plant. The property owner objected to the taking because: it would close off an access route to her remaining property; the municipality had not dedicated replacement access in a binding way; and the municipality sought a fee simple interest, rather than an easement, in the portion of the land to be used as an undevelo... More...   $0 (10-30-2009 - AK)

A landowner challenged a municipality’s delay in replatting and providing an accurate legal description of the land it took using its power of eminent domain, alleging that it unnecessarily interfered with his remainder property rights. As a remedy the landowner requested that the superior court dismiss the previously approved taking without prejudice or, alternatively, change the valuation date... More...   $0 (11-06-2009 - AK)

When William Rodgers sold Lot 53-A in Ketchikan to Marvin and Arlene Lani Davis in 1984, he reserved an easement1 across that lot to access the adjacent lot, Lot 52, which he apparently had hoped to buy at a future date. But Rodgers never used the easement to access the adjacent property, and the Davises planted a garden covering most of the easement area and built a greenhouse within the easement... More...   $0 (11-06-2009 - AK)

This appeal involves a dispute over the modification of a law firm’s contingent-fee agreement. The main questions presented are whether the modified contingent-fee agreement is valid and whether the court erred in construing the disputed phrase — “further substantial litigationâ€� — to mean more than just in-court proceedings and filings. Because the modified fee agreement is valid and the... More...   $0 (11-13-2009 - AK)

Robin Pepper sued an Anchorage debt collection agency and its lawyers, claiming that they violated Alaska’s Unfair Trade Practices and Consumer Protection Act (UTPA) when they: (1) sued Pepper in state district court without first sending a written demand, (2) misrepresented to the court that Pepper was competent, and (3) applied for default judgment without first informing Pepper’s attorney. ... More...   $0 (11-20-2009 - AK)

Robert C. Halcro d/b/a Alaska Rent A Car sued Cendant Corporation d/b/a Avis Rent A Car System and Budget Rent A Car on a breach of contract theory claiming that Cendan's acquisition and operation of Budget Rent A Car in Alaska violated a prior agreement with Defendant.


The defenses asserted by Cendant are not available.... More...   $16000000 (10-21-2009 - AK)

Cathy Frost and John Spencer, friends who were at times romantically involved, ran a business together from the late 1980s to the early 2000s. When their working relationship deteriorated, Spencer sued for division of the partnership property under the law of domestic relations. Frost agreed to a dissolution of their business partnership under a framework for the “equitable distributionâ€� of as... More...   $0 (10-20-2009 - AK)

Valdez Fisheries Development Association, Inc., appeals an award of attorney’s fees. It argues that the fee award misinterprets this court’s earlier opinion reversing and remanding the original award of attorney’s fees in this case. We agree, and remand for recalculation of the fee award.

II. FACTS AND PROCEEDINGS

In May 2000 Chris Froines filed suit against Valdez Fisheries, s... More...   $0 (10-16-2009 - AK)

This appeal addresses a dispute between Jeffrey Labrenz and Shane and Jill Burnett over the use of land described in an easement. Labrenz has a driveway easement over the Burnetts’ land, and in building his driveway, Labrenz installed decorative rocks, shrubs, trees, a fence, and a gate on the Burnetts’ property. The superior court agreed with Labrenz that the slope of the Burnetts’ land nec... More...   $0 (10-20-2009 - AK)

Deborah Luper raises dogs on property she owns in the City of Wasilla. City ordinances applicable to her property prohibited keeping more than three dogs without a permit. When the city sued Luper to enforce its ordinance, she applied for a use permit for an eighteen-dog kennel. The city denied her permit application and she appealed. After consolidating her permit appeal with the city’s enforce... More...   $0 (09-11-2009 - AK)

This dispute centers around a 3.38-acre parcel of coastal land in the Turnagain area of Anchorage. Prior to the 1964 Alaska Earthquake, this parcel consisted of a steep, eroding bluff and tidal mudflats. The powerful earthquake collapsed the bluff, spreading it out over the mudflats and transforming the once unusable parcel into gently sloping, potentially developable coastal property. Uncertainty... More...   $0 (09-18-2009 - AK)

Six members of a joint venture sued two other members, primarily claiming breaches of fiduciary duties. The joint venture, most of whose members were Anchorage physicians, owned a medical services condominium on Laurel Street and leased it out for use as an ambulatory surgical center. The plaintiffs claimed in part that the joint venturer defendants and others were liable for moving the surgical c... More...   $0 (10-08-2009 - AK)

The question of the preemption of state law by federal tobacco legislation has been addressed numerous times. Today, we address the preemption issue in the context of the doctrine of fraudulent joinder, which is invoked to achieve diversity jurisdiction. We hold that the district court erroneously allowed the defendants-appellees to achieve diversity jurisdiction by its incorrect finding that the ... More...   $0 (09-28-2009 - AK)

After the Lower Yukon School District leased twenty acres from Askinuk Corporation on which to build a school in Scammon Bay, Askinuk sued the school district to reform or invalidate the lease. The lease specified a lease rate of one dollar per year, subject to renegotiation after ten years. It also provided that if the parties could not reach mutual agreement upon renegotiation, the original paym... More...   $0 (07-31-2009 - AK)

An employer sued a former employee and his ex-wife for damages it incurred when the employee embezzled a substantial sum from the employer. The ex-wife now appeals that portion of the judgment rendered against her, arguing that the court’s findings are insufficiently specific for appellate review, that the complaint did not plead fraud with sufficient particularity, that the court should not hav... More...   $0 (07-31-2009 - AK)

Real estate investors sued for two alleged breaches of the investors’ right of first refusal regarding a parcel of real property. The first arose from the proposed transfer of a twenty-five percent interest in the property to a third party in exchange for a twentyfive percent interest in a business to be operated by a the third party on the property. The second arose from the later actual transf... More...   $0 (08-21-2009 - AK)

Consumers seeking to bring a class action alleged that four auto dealerships failed to make statutorily mandated disclosures when selling used vehicles. Two of the dealerships moved to dismiss the complaint against them because the consumers had not specifically alleged that class representatives purchased vehicles at those dealerships. The superior court dismissed the consumers’ claims against ... More...   $0 (07-10-2009 - AK)

Progressive Casualty Insurance Company appeals the superior court’s ruling that it issued an ambiguous insurance policy and acted improperly in handling its insured’s claim. Specifically, Progressive challenges the superior court’s conclusions that (1) the Progressive policy failed to meet the requirements for a “personal motor vehicle liabilityâ€� policy under AS 28.22.101(c); (2) the Pro... More...   $0 (07-10-2009 - AK)

Alaska’s mechanic’s lien statutes allow a lessor of construction equipment to lien real property if its equipment is used under agreement with the property owner or the owner’s agent “for the construction, alteration, or repair of a building or improvementâ€� on the property.1 In this case a landscaper purchased fill dirt from a construction company and rented heavy machinery from an equip... More...   $0 (07-10-2009 - AK)

This epic punitive damage litigation arising from the 1989 wreck of the Exxon Valdez is before us once again. This time it is after the United States Supreme Court remanded the case to us to decide issues related to interest and appellate costs. Order in Exxon Shipping Co. v. Baker, No. 07-219 (S. Ct. filed June 25, 2008). The remand followed the Court’s 5-3 decision that, under maritime law, th... More...   $0 (06-18-2009 - AK)

DNA testing has an unparalleled ability both to exoner-ate the wrongly convicted and to identify the guilty. It has the potential to significantly improve both the criminaljustice system and police investigative practices. The Federal Government and the States have recognized this, and have developed special approaches to ensure that thisevidentiary tool can be effectively incorporated into estab-... More...   $0 (06-19-2009 - AK)

This case is here for the second time.1 After a jury awarded Dan Reust compensatory damages of $389,000 and punitive damages of $4.3 million in a retaliatory discharge suit against his employer, Alaska Petroleum Contractors (APC), the State was permitted to intervene to protect its interest in the punitive damages award.2 The superior court reduced the punitive award to $500,000 using the “capâ€... More...   $0 (04-10-2009 - AK)

John Doe sued the State of Alaska, Office of Children's Services, his mother and the man who sexually abused him for years. The claimed that the State failed to protect him despite reports of the sexual abuse.... More...   $1000000 (05-14-2009 - AK)

A judge initially assigned to a case granted a motion in limine which precluded several aspects of the plaintiff’s past from being introduced at trial. Due to scheduling conflicts, the trial was reassigned to a judge who declined to follow the prior ruling and admitted much of the previously disallowed evidence. Because the evidentiary rulings were within the discretion of the court and, in any ... More...   $0 (12-12-2008 - AK)

Gary D. Sam, who suffers from a degenerative condition affecting his cervical spine, appeals the district court’s affirmance of an administrative law judge’s (“ALJâ€�) order denying Sam disability insurance benefits under Title II of the Social Security Act. The ALJ found Sam ineligible for benefits because he was not disabled on or before the date he was last insured, March 31, 1997. Sam ar... More...   $0 (12-16-2008 - AK)

After Samuel Peter, Jr., a minor, was injured in an accident, his father, Samuel Peter, Sr., for himself and Samuel, Jr. sued the Progressive Corporation and Progressive Northwestern Insurance Company (collectively, Progressive), the family auto insurer. Their complaint included a claim that Progressive wrongfully refused to pay the policy limits of their underinsured motorist (UIM) coverage. When... More...   $0 (11-14-2008 - AK)

Petitioners are six organizations that support environmental conservation, indigenous communities, and wildlife populations of Northern Alaska. They challenge the Minerals Management Service’s (“MMSâ€�) approval of an exploration plan submitted by Shell Offshore Inc. (“Shellâ€�). Shell seeks to drill multiple offshore exploratory oil wells over a three-year period in the Alaskan Beaufort Sea... More...   $0 (11-21-2008 - AK)

This case raises the question of the appropriate standard of culpability to apply to a police officer who kills a suspect in the course of investigating a suspicious car parked alongside an Alaska highway, under circumstances that suggest the officer may have helped to create an emergency situation by his own excessive actions. It comes in the context of a lawsuit brought by the parents of the vic... More...   $0 (10-23-2008 - AK)

Teck Cominco Alaska Incorporated is the operator of the Red Dog Mine (“Mineâ€�), which is remotely located in the Kotzebue area on lands owned by NANA Regional Corporation, Inc. Teck Cominco fired Maurice Mitchell from his job as a warehouse supervisor at the Mine after concluding that Mitchell had sexually harassed a contractor’s employee and lied during the ensuing investigation. Mitchell su... More...   $0 (09-26-2008 - AK)

The Clean Water Act (“CWAâ€�) makes it unlawful to discharge dredged and fill material into the waters of the United States except in accord with a permitting regime jointly administered by the Army Corps of Engineers (“Corpsâ€�) and the Environmental Protection Agency (“EPAâ€�). See United States v. Riverside Bayview Homes, Inc., 474 U.S. 121, 123 (1985). Fairbanks North Star Borough (“Fa... More...   $0 (09-12-2008 - AK)

Robert David Townsend sued his former employer, the University of Alaska, Fairbanks, in federal district court, alleging violations of the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRAâ€� or the “Actâ€�), 38 U.S.C. §§ 4301-4333. The district court dismissed his action, concluding that it lacked jurisdiction over a USERRA claim brought by an individual against an ... More...   $0 (09-05-2008 - AK)

John Oscar filed a lawsuit under the Individuals with Disabilities Education Act (“IDEAâ€�) and 42 U.S.C. § 1983 against the Alaska Department of Education and Early Development (“DEEDâ€�). The lawsuit alleged that DEED violated his rights under the IDEA when it refused to accept his administrative complaint. DEED filed a successful Rule 12(b)(6) motion and the lawsuit was dismissed without p... More...   $0 (09-05-2008 - AK)

A Dillingham ordinance provides that any animal that bites a person without provocation shall be deemed vicious and, after quarantine, shall be euthanized. A Dillingham dog owner whose dog bit a co-worker without provocation appeals the city’s order, affirmed by the superior court, for euthanasia or banishment of the animal. Finding no constitutional or procedural infirmity, we affirm.

II... More...   $0 (08-31-2008 - AK)

A visitor to a law office was injured when a chair in the office collapsed under him. He sued the owner of the law office to recover damages under two theories of liability: ordinary negligence and strict products liability. The superior court resolved both issues on summary judgment in favor of the office owner, and dismissed the suit with prejudice. Because the injured party failed to establish ... More...   $0 (08-31-2008 - AK)

Gary Jarvill alleges that a design defect in the boat he purchased from Porky’s Equipment, Inc. caused it to sink in its harbor slip less than three years after purchase. Jarvill appeals the superior court’s ruling that the statute of limitations bars his product defect and negligence claims. Because the evidence fails to support the trial court’s finding that Jarvill’s cause of action acc... More...   $0 (08-22-2008 - AK)

Evie Rhodes was involved in a car accident with Becky Erion, and Rhodes sued Erion. Erion made three offers of judgment to Rhodes under Alaska Civil Rule 68, but Rhodes failed to accept these offers. The case proceeded to trial, and the jury awarded Rhodes $18,281.85 in damages. This verdict was at least five percent less favorable to Rhodes than an offer made by Erion, and Rhodes was therefore li... More...   $0 (08-22-2008 - AK)

Myrna Johnson sued Fred Meyer Stores Incorporated on an age discrimination theory under 42 U.S.C. 20003 claiming that she was fired from her cashier job at the Fred Meyer store where she worked because the manager wanted a younger prettier cashier. Johnson was 49-years-old when she lost her job.

Defendant denied wrongdoing.... More...   $208000 (08-21-2008 - ak)

We accepted certification in this case to determine whether actual or constructive notice of a hazardous condition is an element of a prima facie case in an action against a grocery store owner in a slip-and-fall case. We hold that it is not.

II. FACTS AND PROCEEDINGS

The facts presented to us are sparse. Gerald Edenshaw slipped and fell at the Carr’s store in Ketchikan on May 10, ... More...   $0 (07-03-2008 - AK)

This case presents an appeal from the superior court’s modified award of attorney’s fees and personal representative fees. In a prior appeal, we concluded that the estate’s personal representative, James Dieringer, breached his fiduciary duty to the estate by engaging in self-dealing and other bad faith conduct. We vacated awards of attorney’s fees and personal representative fees and rema... More...   $0 (07-03-2008 - AK)