| Alaska Jury Verdicts, Settlements and Court Decisions |
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Gary L. Jarvill v. Porky's Equipment, Inc. and Norman T. Haag, a/k/a Todd Haag
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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)
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Evie Rhodes v. Becky Erion
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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)
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Myrna Johnson v. Fred Meyer Stores Incorporated
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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)
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Gerald Edenshaw v. Safeway, Inc.; Carr's Quality Center; and Safeway Food & Drug
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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)
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James F. Dieringer, Jr. v. Darrel Martin
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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)
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Janay Wolff v. Ralph Cunningham, individually and d/b/a Igloo Ice
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In 2002 Janay Wolff, Ralph Cunningham, and Ronnie Clanton agreed that
a $25,000 payment from Cunningham to Wolff would settle a business debt between
Cunningham and Clanton, remove a Child Support Enforcement Division lien from
Cunningham’s real property in Soldotna, and satisfy Clanton’s child support obligation.
When Cunningham failed to pay, Wolff filed suit to enforce ... More... $0 (07-11-2008 - AK)
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Russell Maddox, dba R&R Dog Boarding v. Penny Hardy and Dorene Lorenz
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This appeal involves a controversy surrounding a large fire started by
Dorene Lorenz and other persons for the purpose of clearing rubbish. Russell Maddox,
a next-door neighbor, sued Lorenz and other parties he thought were involved for
damages the fire caused to his home-based business and property. Lorenz
counterclaimed, primarily stating claims based on Maddox’s behavior towar... More... $0 (07-11-2008 - AK)
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Craig Wm. Black v. Municipality of Anchorage, Board of Equalization
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An owner of a condominium unit in a community consisting of singlefamily
homes on large parcels of land appealed the Municipality of Anchorage’s
assessment of property taxes. The owner claims that the Municipality erred by assessing
taxes against the land under and around his stand-alone condominium unit and by
inaccurately assessing the home’s value. The owner’s appeal to th... More... $0 (07-18-2008 - AK)
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Exxon Shipping Co., et al. v. Baker, et al.
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In 1989, petitioners' (collectively, Exxon) supertanker grounded on a reef off Alaska, spilling millions of gallons of crude oil into PrinceWilliam Sound. The accident occurred after the tanker's captain, Joseph
Hazelwood - who had a history of alcohol abuse and whose bloodstill had a high alcohol level 11 hours after the spill - inexplicably exited
the bridge, leaving a tricky course correction... More... $507500000 (06-27-2008 - AK)
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Robert H. Bradley v. Daniel L. Klaes, et al.
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The main question in this appeal is whether the superior court properly
granted summary judgment establishing user fees for a taxiway and private airstrip. We
conclude that summary judgment was improperly granted on this issue because there was
a genuine issue of material fact as to what the appropriate fee should be.
I. FACTS AND PROCEEDINGS
On April 20, 2004, the owners of three p... More... $0 (04-02-2008 - AK)
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Anchorage Police Department Command Officers' Association v. Municipality of Anchorage
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The Anchorage Police Department Command Officers' Association
(APDCOA) petitioned the Anchorage Municipal Employee Relations Board (the Board)
for recognition as the collective bargaining representative for fourteen Anchorage Police
1 AMC § 3.70.060C.
Department lieutenants and captains. The Board dismissed APDCOA's petition and
similarly denied its subsequent motion for reconsideration ... More... $0 (03-12-2008 - AK)
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Shawn E. Moore v. Peak Oilfield Service Company; Peak Alaska Ventures, Inc.; Nabors Alaska Services Corp.
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Shawn Moore's truck overturned after running into a dead moose in the
center of the road. His passenger, Shannon Parnell, was critically injured. Parnell sued
Peak Oilfield Service Company, the owner of the truck that had hit the moose sometime
earlier. Peak then filed a third-party claim against Moore for allocation of fault. Because
the jury found that Peak was not liable for Parnell's injur... More... $0 (02-15-2008 - AK)
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Margaret A. Mullins v. Alice Oates
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On November 17, 1997, Margret Mullins contracted with Alice Oates to
buy three lots of real property located in Tok.1 The initial contract for sale provided that
the purchase price for these properties was $170,000; the down payment was $5,000; the
monthly payment was $600; interest on the principal would accrue at a rate of $6,000 per
year or five percent, "whichever is less"; Mullins would m... More... $0 (02-29-2008 - AK)
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Chris Froines v. Valdez Fisheries Development Association, Inc.
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Chris Froines appeals the superior court's order limiting his award of
Alaska Civil Rule 68 attorney's fees to $10,000. Because the factors relied upon by the
superior court do not justify this limit, we reverse.
Froines v. Valdez Fisheries Dev. Ass'n, 1 Inc., 75 P.3d 83 (Alaska 2003).
II. FACTS AND PROCEEDINGS
This appeal represents the second time that this case has come befo... More... $0 (01-18-2008 - AK)
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Jesse Glover v. State of Alaska, Department of Transportation, Alaska Marine Highway System
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A state-employed seaman injured on the job presents a declaratory
challenge to AS 09.50.250(5), a recently enacted provision rescinding the state's waiver
of sovereign immunity from suits under the federal Jones Act and referring state
employees exclusively to the state workers' compensation system. The employee argues
that the statute violates the Alaska Constitution's waiver of sovereig... More... $0 (01-20-2008 - AK)
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Matthew J.P. Millette v. Carol Jean Millette
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The superior court awarded sole legal and primary physical custody of a
six-year-old boy to his mother. The boy's father appeals that custody award and the
award of child support, which he argues was impermissibly retroactive and improperly
omitted his health care contributions. Finally, the father argues that the superior court
abused its discretion by not ruling on certain motions that ... More... $0 (01-04-2008 - AK)
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Bering Strait Citizens for Responsible Resource Development, et al. v. United States Army Corp of Engineers, et al.
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This appeal concerns a permit issued to Defendant-
Appellee Alaska Gold Company ("AGC"), by Defendant-
Appellee Army Corps of Engineers ("the Corps") for a major
gold-mining project near Nome, Alaska. The permit was
issued pursuant to Section 404 of the Clean Water Act
("CWA"), 33 U.S.C. § 1344, which authorizes the Corps to
issue permits for the discharge of dredged or fill material in... More... $0 (01-08-2008 - AK)
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Ronald T. West v. Municipality of Anchorage
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A dog bit or pawed a seven-week-old baby, causing several scratches along
the baby's face and forehead. After an investigation, an Anchorage animal control
enforcement officer concluded that the dog should be classified as a "level three" animal,
defined by the city code as one that, "while under restraint, inflicts an aggressive bite or
causes any physical injury to any human." An admini... More... $0 (12-28-2007 - AK)
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Ronald T. West v. Municipality of Anchorage
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A dog bit or pawed a seven-week-old baby, causing several scratches along
the baby's face and forehead. After an investigation, an Anchorage animal control
enforcement officer concluded that the dog should be classified as a "level three" animal,
defined by the city code as one that, "while under restraint, inflicts an aggressive bite or
causes any physical injury to any human." An admini... More... $0 (12-28-2007 - AK)
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Dora Noffke v. Jose Perez and Neyda Perez
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This appeal arises from a car accident on Lake Otis Parkway in Anchorage
in which Dora Noffke's vehicle struck a car driven by Jose Perez. A jury awarded Jose
Perez $24,000 and passenger Neyda Perez $54,000 for past and future damages, and
Dora Noffke appeals several decisions of the superior court. Noffke argues that the
superior court erred by excluding certain medical records exhibits,... More... $0 (12-28-2007 - AK)
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United States of America v. George Frank Plunk, etc.
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Plunk appeals from the district court's Amended Final
Decree of Forfeiture. The court awarded Plunk compensation
in lieu of property to be returned under 28 U.S.C. § 2465 and
calculated the amount due to Plunk based on the sale proceeds
of the property. The court denied Plunk any additional compensation
for consequential damages related to the seizure and
forfeiture of the property, and... More... $0 (12-27-2007 - AK)
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Shannon Parnell v. Peak Oilfield Service Co.; Peak Alaska Ventures, Inc. and Nabors Alaska Service Corp.
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Two vehicles traveling in opposite directions at a curve on the Kenai Spur
Highway hit a moose at nearly the same time; the impact killed the moose and left its
carcass straddling the centerline. Both drivers left the scene. Soon after, another car rounded the curve, struck the carcass, and ran off the road, seriously injuring one of its
occupants. Section 321 of the Restatement (Second) of ... More... $0 (11-13-2007 - AK)
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Larry D. Compton, Trustee in Bankruptcy for Danilo and Angelita Nelvis v. Nicholas Kittleson
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Attorney Nicholas Kittleson filed a consumer protection action against an
Anchorage used car dealership on behalf of Danilo and Angelita Nelvis. Kittleson
represented the Nelvises under a "hybrid" fee agreement that called for Kittleson to
receive a contingent fee unless the Nelvises settled the case "for an amount that will pay less than $175.00 per hour for the time [Kittleson] invest[ed]"... More... $0 (11-13-2007 - AK)
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Lois Gilbert v. State Farm Insurance Company
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In 1994 Lois Gilbert was involved in an automobile accident. Gilbert
disagreed with State Farm Insurance Company, her insurance carrier, over the extent of
her injuries from the accident. On January 12, 2000, pursuant to her insurance contract,
Gilbert submitted to arbitration a dispute with State Farm over payment for the accident.
The arbitrator found in favor of State Farm. Gilbert appea... More... $0 (11-13-2007 - AK)
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James Willard v. Khotol Services Corporation
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After being fired for alleged insubordination and violating workplace rules,
James Willard sued his former employer, Khotol Services Corporation, for wrongful
discharge, breach of employment contract, and breach of the implied covenant of good
faith and fair dealing. The superior court dismissed Willard's original claims for breach
of contract and implied-covenant claims on grounds of pre... More... $0 (11-13-2007 - AK)
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Michael Damian Brandner v. Virginia Louise Hudson and James Arthur Hudson
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Virginia Hudson sued Dr. Michael Brandner for negligence and assault
based on an encounter in July 2002 that occurred at Alaska Regional Hospital, where
both Hudson and Dr. Brandner worked. Hudson sought compensatory and punitive
damages, claiming that a knee injury and emotional distress resulted from an incident in which Dr. Brandner dragged her down a hallway and pushed her into her off... More... $115828 (11-13-2007 - AK)
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Shelley Plumb v. Geico Insurance Company
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Shelley Plumb, age 33, sued Geico Insurance Company on a bad faith breach of contract theory claiming that defendant failed to compensate her for the injuries and damages that she sustained as a direct result of an accident in which she was involved with an uninsured driver. Plumb was driving her Mazda MPV van at the intersection of the Parks and Palmer-Wasilla highways when a Toyota pickup tur... More... $591789 (10-12-2007 - AK)
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Kevin Patrick v. Eric Spitzer
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Kevin Patrick sued Alaska State Trooper Eric Spitzer on a civil rights violation theory claiming that defendant used excessive force when he repeatedly Tased him while he was handcuffed after being arrested.
Spitzer denied wrongdoing.... More... $575000 (09-29-2007 - AK)
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Ronald J. Pagenkopf v. Chatham Electric, Inc., Hugh Dilbeck, individually and d/b/a Bear Body Works
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Nick Goddard, an employee of Chatham Electric, Inc., opened an overhead
garage door while on a job at Hugh Dilbeck's auto body shop in Juneau. The opening
door knocked Ronald Pagenkopf off a ladder, severely injuring him. Pagenkopf sued
Goddard and Chatham Electric (collectively "Chatham"). Chatham filed a third-party
complaint against Dilbeck. After Pagenkopf rejected a pretrial offer of... More... $0 (08-28-2007 - AK)
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Robert & Donal Diggins, d/b/a Diggins Concrete v. Lance Jackson
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On August 22, 1999, Lance Jackson was riding his bicycle on a bike path
in Anchorage. Because of ongoing repairs, a section of the bike path's pavement had
been removed. Jackson rode into the gap, flipped his bike, and fractured his neck.
Jackson sued three contractors involved in the repair work: Moseley
Enterprises, Inc., Warning Lites of Alaska, Inc., and Diggins Concrete. He settle... More... $94943 (08-20-2007 - AK)
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T.C. Greywolf v. William N. Carroll, M.D.
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A mental health unit patient, T.C. Greywolf, was arrested at Fairbanks
Memorial Hospital and discharged to Fairbanks Correctional Center on a charge of
felony assault in the third degree because she had allegedly threatened to harm her
psychiatrist, Dr. William Carroll. After Greywolf was acquitted in her criminal trial, she
filed charges against Dr. Carroll for (1) malicious prosecution;... More... $0 (01-17-2007 - AK)
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Roslyn Wetherhorn v. Alaska Psychiatric Institute
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Roslyn Wetherhorn appeals two superior court orders: one approving her
involuntary commitment for thirty days and the other approving the non-consensual
administration of psychotropic medication. Wetherhorn challenges the constitutionality
of the statute relied on by the court to order her involuntary commitment. She also raises due process and evidentiary challenges to both orders. We concl... More... $0 (01-17-2007 - AK)
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Mary I. Thoeni v. Consumer Electronic Services, et al.
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Mary Thoeni was injured in a fall while at work in 2000. She continues to
be paid benefits for the resulting knee injury, but the Alaska Workers' Compensation
Board denied compensation for other claimed injuries and upheld several controversions
of her benefits. Thoeni appeals these determinations. Because all but two are supported by substantial evidence, we affirm the board as to those dec... More... $0 (01-12-2007 - AK)
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Joseph Frederick v. Deborah Morse, Juneau School Board
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This is a First Amendment student speech case.
Facts
One January day, Coca-Cola and other private sponsors
supported a "Winter Olympics Torch Relay" in Juneau,
Alaska. Students were released from school so that they could
watch the Olympic torch pass by. Joseph Frederick, then an
18-year-old senior at Juneau-Douglas High School, never
made it to school that morning because he got ... More... $0 (03-14-2006 - AK)
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Morris Johnson, Jr. v. Columbia Properties Anchorage, LP
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Morris Johnson sued Columbia Properties Anchorage LP
("Columbia") for breach of contract in an Alaska state court,
alleging, inter alia, that Columbia failed to pay for crane services
he provided in connection with the construction of the
Marriott Hotel in Anchorage. After Columbia removed the
case, the federal district court denied Johnson's motion to
remand and granted Columbia's motion... More... $0 (02-16-2006 - AK)
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Equal Employment Opportunity Commission, et al. v. National Education Association, Alaska, et al.
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This appeal presents the question whether harassing conduct
directed at female employees may violate Title VII in the
absence of direct evidence that the harassing conduct or the
intent that produced it was because of sex. We hold that
offensive conduct that is not facially sex-specific nonetheless
may violate Title VII if there is sufficient circumstantial evidence
of qualitative and qua... More... $0 (09-03-2005 - AK)
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Joe B. Hall v. TWS, Inc.
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In an action to collect on a judgment against Raymond Moore, TWS, Inc.
obtained a charging order against his interest in a purported mining partnership with Joe
B. Hall and subsequently purchased his interest at a foreclosure sale and sued to dissolve
the partnership. The superior court found that, although Moore and Hall formed a
partnership at will in 1990, the partnership was dissolved i... More... $57508 (06-23-2005 - AK)
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Lorne C. Miller v. Vileta E. Miller
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Lorne C. (Chad) and Violeta Miller were divorced in 2003 after fifteen
years of marriage. Chad Miller appeals the superior court's property division and its
award of attorney's fees. He argues that the court made insufficient findings to support
its decision, that it incorrectly classified as marital property the family home and a cash
1 No custody or support issues are before us on ap... More... $0 (01-31-2005 - AK)
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Gregory O. Brown, et al. v. Albert W. Dick, et al.
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The Huna Totem Corporation proposed a land exchange that became
controversial and sparked a struggle for control of Huna's board of directors; the struggle
ended in an unsuccessful superior court action against individual members of Huna's
board. The pivotal issue on appeal is whether the superior court should have awarded
nominal damages against the directors for violating two proxy disc... More... $0 (01-23-2005 - AK)
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Imperial Manufacturing Ice Cold Coolers, Inc. v. Clifton Shannon, a/k/a Clif Shannon, et al.
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A subcontractor asks this court to hold that the Little Miller Act provides
it with a private right of action through which it can sue a school district for failing to
ensure that the bonding requirements of the act were met. Because we can find no
indication that the legislature intended to impose such liability on public entities, we
affirm the superior court's decision.
II. FACTS A... More... $0 (11-19-2004 - AK)
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