This case involves a dispute over the disposition of a deceased Alaska
attorney’s interest in attorney’s fees from his participation, through a joint venture, in the
Exxon Valdez oil spill litigation. The attorney’s sister, individually and on behalf of their mother’s trust, asserted claims to the attorney’s fees, and the attorney’s estate opposed those claims. The parties sett... More...   $0 (05-03-2013 - AK)

In May 2005 an intoxicated Eugene Bottcher drove his vehicle off the road, hitting a boy and narrowly missing the boy’s brother. The boy who had been hit later
died at the hospital from his injuries. After Bottcher hit the boy, he continued to drive, and when stopped by a passerby who had witnessed the accident, Bottcher tried to bribe him into not reporting the crime.
Bottcher pleaded n... More...   $0 (05-10-2013 - AK)

A woman purchased a home and fell behind on her mortgage payments.
Despite the bank having agreed to postpone a foreclosure sale, the bank proceeded with
the sale. After the woman threatened suit, the bank re-purchased the home and entered
into settlement negotiations with the woman; the bank promised to re-convey the property to the woman so that she could proceed with a sale to a thi... More...   $0 (05-17-2013 - AK)

A motorcyclist was involved in a single-vehicle accident resulting in a cut
on his head and minor damage to his motorcycle. The accident involved no other
drivers, vehicles, or property. Because the motorcycle was not insured at the time of the accident, the State of Alaska, Department of Administration, Division of Motor Vehicles (DMV) suspended the driver’s license. The motorcyclist ap... More...   $0 (04-12-2013 - AK)

The State of Alaska charged Lisa Donlon with second-degree murder in conjunction with the shooting death of her husband who was shot five times in the back of the head in 2010 while asleep.

Defendant claimed that the shooting was justified because Jason Donlon had been raping and torturing her for three days which her children verified had happened. She claimed that she was kept in a 12 ... More...   $0 (04-03-2013 - AK)

Cherry Dietzmann sued the City of Homer, Alaska on a civil rights violation theory under 42 U.S.C. 1983 claiming that her son was shot and suffered permanent severe brain damage during a shootout between the boy's father and law enforcement officers at the Homer, Alaska airport.

The defendants denied that they shot the boy and claimed that his father shot him and then shot himself.
More...   $3500000 (03-08-2013 - AK)

This appeal arises from a declaratory action filed by an insurer to clarify the terms of its duties under a policy. The underlying tort action resulted from a car accident in which the insured, while driving a rental truck, hit a person who was lying in the middle of the road. Both the driver and the person struck were intoxicated, as was a passenger in the truck. The person who was struck died fr... More...   $0 (01-25-2013 - AK)

A tenant fell on the outside stairs of her rented apartment and sustained a serious back injury. When she fell, one of the wooden stairs broke. She sued her landlord, from whom she subleased the apartment, alleging that her fall was caused by the landlord’s negligent failure to inspect and maintain the staircase.

Before trial, the tenant filed a series of motions in limine, including one ... More...   $0 (02-01-2013 - AK)

Fredrick Williams appeals the superior court’s decision affirming the Ketchikan Gateway Borough’s ruling that the house at 511 Stedman Street is not exempt from Ketchikan Gateway Borough taxation. In March 2002 Williams received a grant to rebuild his house from the Bureau of Indian Affairs Housing Improvement Program. Under the grant, Williams would have been required to repay the full amount... More...   $0 (02-15-2013 - AK)

Simone Greenway sued Larry Heathcott alleging, among other things, identity theft and breach of domestic partnership and fiduciary duties. After a long, one-day bench trial at which both parties were pro se, the superior court denied Greenway’s claims. She argues here that it was error not to continue the trial so a particular lawyer could represent her when he became available, so she could com... More...   $0 (02-15-2013 - AK)

Jason Coday shot and killed Simone Kim with a rifle obtained from Ray Coxe’s gun store. Kim’s Estate (the Estate) brought a wrongful death action against Coxe, alleging that Coxe negligently or illegally provided Coday the rifle. Coxe defended in part by asserting immunity under the Protection of Lawful Commerce in Arms Act (PLCAA). The Estate argued against applying the PLCAA and alternativel... More...   $0 (02-22-2013 - ak)

When Chad and Jessica Lewis divorced, they participated in a settlement conference to divide their property. Following the settlement conference, the superior court recited a proposed settlement agreement on the record, and both parties agreed to it. Jessica then filed proposed findings of fact and conclusions of law incorporating terms which differed from the agreement as recited by the court. Th... More...   $0 (10-22-2012 - AK)

In December 2008 Michael Cooper caused a car accident that injured Samuel Thompson. Thompson sued Cooper and Cooper’s employer for compensatory and punitive damages. The jury returned a verdict for Thompson for compensatory damages, but not for punitive damages. The parties appeal rulings on evidentiary issues, jury instructions, and denied motions. We affirm most of the superior court’s rulin... More...   $0 (09-28-2012 - AK)

A divorced couple with one child agreed in 2006 that the mother would cover all of the child’s travel costs in lieu of paying child support. The superior court approved the couple’s agreement. In 2010, the father filed a motion arguing that the 2006 agreement was invalid under Alaska Civil Rule 90.3, which had not been addressed in the superior court’s original order. The father requested th... More...   $0 (10-05-2012 - AK)

We are asked to consider two narrow legal questions arising from the Alaska Records Management Act 1 and the Alaska Public Records Act: 2 (1) when state employees use private email accounts to send and receive email regarding state business, are the emails “public recordsâ€� under the Public Records Act, and (2) is the use of a private email account to send and receive email regarding state busi... More...   $0 (10-12-2012 - Ak)

This appeal concerns the property division between a couple who had been in a relationship for 12 years but never married. The couple and their children resided in a home titled in the man’s name. After they separated, pursuant t o a domestic violence protective order, the man paid the mortgage while the woman lived in the home with the children. The man filed for custody of the children and the... More...   $0 (10-19-2012 - AK)

Eleven women sued former Anchorage police officer Anthony Rollins and the Municipality of Anchorage on sexual assault, negligence and respondeat superior theories claiming to have been raped by Rollins. Some of the women were raped, including one who was raped while handcuffed in 2009.

Rollins was charged and convicted of sexually assaulting five women and sentenced to 87 years in priso... More...   $5500000 (09-05-2012 - Ak)

A healthcare worker was sprayed in the eye with fluids from an HIV-positive patient. She received preventive treatment and counseling. Her employer initially paid workers’ compensation benefits; it later filed a controversion based on its doctor’s opinion that the employee was able to return to work. The employee asked for more benefits, but the Alaska Workers’ Compensation Board denied her ... More...   $0 (07-20-2012 - AK)

Two nieces, acting as co-guardians for their elderly uncle, sued their uncle’s
former caregiver for misuse and misappropriation of his assets; the caregiver
counterclaimed for compensation for services rendered. After a bench trial, the superior
court: (1) determined the caregiver had committed fraud and breached fiduciary duties;
(2) awarded damages against the caregiver for her... More...   $0 (07-20-2012 - AK)

Sea Hawk Seafoods, Inc. sued the City of Valdez for damages after Valdez applied for a grant from the State of Alaska for funding to convert Sea Hawk’s seafood processing facility into a fish meal plant but then declined to accept the $600,000 grant that the State conditionally awarded to Valdez. On pre-trial motions, the superior court dismissed Sea Hawk’s claims for breach of contract, breac... More...   $0 (07-27-2012 - AK)

Offshore Systems – Kenai (Offshore) operates a commercial dock facility on Cook Inlet in the Kenai Peninsula Borough (Borough). Nikishka Beach Road traverses Offshore’s property. The public has used this road to access the beach since the 1950s. In 2007 Offshore installed a gate blocking the road. The State and the Borough sought an injunction against Offshore, alleging a public right-of-way o... More...   $0 (07-27-2012 - AK)

M.P., through his parents, appeals the district court’s ruling that the Anchorage School District (“ASDâ€�) did not deny M.P. a free and appropriate public education (“FAPEâ€�) because the failure to develop an updated Individualized Education Program (“IEPâ€�) was mostly attributable to his “parents’ litigious approach.â€� The Individuals with Disabilities Education Act (“IDEAâ€�) m... More...   $0 (07-20-2012 - AK)

1. Alaska’s probate nonclaim statute, AS 13.16.460, provides that claims against an estate arising before the decedent’s death are barred unless presented: (1) within four months of the first publication of notice to creditors; (2) within three years of death if no notice to creditors is published; or (3) within limits specified by other applicable statutes of limitations.1 The statute also ba... More...   $0 (05-25-2012 - AK)

This case concerns the ownership of James “Jimâ€� and Terrie Gottstein’s former marital home. Jim paid for the property, but Terrie’s name alone was on the deed. The Gottsteins lived in the home for 15 years before moving out; they later separated. Terrie entered into a deal to sell the property to another couple, the Krafts, for significantly less than its appraised value, and Jim objected.... More...   $0 (04-13-2012 - AK)

Bobbie Ann Hunter and Shaun T. Conwell had two sons before separating, S.C. and A.C.1 Conwell filed a complaint for custody in 2006 but Hunter did not respond. The superior court granted Conwell sole legal and primary physical custody of the boys in a 2006 default judgment. Nearly two years later Hunter, acting pro se, sought modification of custody. The superior court denied Hunter’s motion wit... More...   $0 (04-13-2012 - AK)

Rudy R. moved to modify the agreement through which he and Heather W. share 50-50 custody of their daughter. He argued that recent legal troubles and instability in Heather’s life amount to changed circumstances that required modifying the custody agreement in the child’s best interests. The superior court agreed. Heather now appeals, arguing that the evidence does not show that any of her cha... More...   $0 (04-20-2012 - AK)

Parents challenged a school district’s actions regarding their child’s educational program under the Individuals with Disabilities E ducation Act (IDEA). A hearing officer found an IDEA violation but awarded less compensatory education services for the child than the parents requested. On appeal, the superior court affirmed the IDEA violation finding and the compensatory education award. The p... More...   $0 (12-09-2011 - AK)

The Federal Employee Compensation Act, or FECA, provides disability benefits to federal employees who are injured on the job. But there’s a catch. If a third party is responsible for the employee’s injury, the Secretary of Labor can require the employee to bring a civil action against that third party.

And if the employee obtains a judgment, he must refund to the United States any FECA ... More...   $0 (11-17-2011 - AK)

In 2002 Kevin O’Connell was awarded damages against Anthony and Paulette Will for the Wills’ failure to pay a promissory note. Under the attorney’s fee provision in the note, O’Connell was also awarded full attorney’s fees and costs. After O’Connell’s attorney engaged in post-judgment collection efforts, Anthony Will paid the judgment. In 2009 Anthony Will filed a request for an orde... More...   $0 (10-28-2011 - AK)

The driver of a pickup truck collided with a bicyclist, seriously injuring the bicyclist. The bicyclist sought a settlement agreement in excess of the maximum coverage of the driver’s insurance policy. The insurance company responded with an offer to tender policy limits, which the bicyclist refused. After a series of court proceedings in both state and federal court, the driver sued his insuran... More...   $0 (08-19-2011 - AK)

At issue in this case are the coverage limits associated with underinsured motorist (UIM) insurance and whether coverage provided under disputed insurance policies complies with the requirements of Alaska insurance statutes. The respondent families hold UIM policies. They allege that they have suffered emotional distress and loss of consortium as a result of a collision that killed one family’s ... More...   $0 (08-26-2011 - AK)

Raising over 50 separate points in this second appeal, Allen Heustess challenges the superior court’s rulings on child support, property distribution, and attorney’s fees. We affirm almost all of the superior court’s rulings, with the following exceptions: (1) Because the record does not support the superior court’s finding regarding Allen’s income for 1995 and because the superior court... More...   $0 (08-26-2011 - AK)

Two men bought an island. After a dispute, they agreed that one would keep the island, while the other would receive a one-time payment and an option to buy the island at a fixed price, adjusted for inflation, if the owner ever chose to sell it. Years passed. The value of the island rose, far outpacing inflation. But the owner never elected to sell. Instead, he eventually conveyed the island to hi... More...   $0 (09-23-2011 - AK)

A mother appeals the superior court’s denial of an evidentiary hearing for her motion to modify child custody. Because the mother was entitled to an evidentiary hearing in this case, we remand for further proceedings.

II. FACTS AND PROCEEDINGS

A. Facts

In December 1999, while Kalindi McAlpine and Shaun Pacarro were living together, Shaun assaulted Kalindi. Shaun pleaded guil... More...   $0 (10-21-2011 - AK)

A worker was involved in a fight in a logging camp bunkhouse. He did not file a report of injury related to the fight for over a year. When he finally filed a report of injury, he alleged that he had injured his hip, lower back, and ear in the fight. His employer controverted benefits because he did not give timely notice of the injury. The worker then alleged that he had verbally informed his sup... More...   $0 (10-21-2011 - AK)

An elderly woman requiring long-term medical care gave $120,000 to her son in February 2007. The mother believed that the gift would not prevent her from receiving Medicaid coverage if she lived long enough to exhaust her remaining assets. She relied on a provision in Alaska’s Medicaid eligibility manual that suggested prospective Medicaid beneficiaries could give away a portion of their assets ... More...   $0 (09-23-2011 - AK)

The driver of a pickup truck collided with a bicyclist, seriously injuring the bicyclist. The bicyclist sought a settlement agreement in excess of the maximum coverage of the driver’s insurance policy. The insurance company responded with an offer to tender policy limits, which the bicyclist refused. After a series of court proceedings in both state and federal court, the driver sued his insuran... More...   $0 (08-24-2011 - AK)

In 2002, the superior court appointed a professional conservator for a mother suffering from dementia. Her daughter, who also served as special advocate, resisted the appointment. From 2002 onward, the daughter engaged in wide-ranging legal challenges to the conservator’s handling of her mother’s conservatorship. In response, the conservator incurred large legal fees, paid by the estate, in de... More...   $0 (08-19-2011 - AK)

In 1971, William Carlo Jachetta applied for a 160-acre Native allotment comprised of two parcels (Parcel A and Parcel B) but, because of an error of the United States government, his application was initially processed only as a request for Parcel A, which the Bureau of Land Management (“BLMâ€�) issued to Jachetta in 1986. In 2004, after long and complicated administrative proceedings, the BLM f... More...   $0 (08-01-2011 - AK)

Thomas Price posted “No Trespassingâ€� signs on his property in 1998 because he believed an excessive number of snowmachiners were using a trail that crossed his land, damaging it, traveling at high speeds, and causing a great deal of noise. In 2003, we held that a group of snowmachine users had established a public prescriptive easement over the trail, but we twice remanded this case to the sup... More...   $0 (07-15-2011 - AK)