Anchorage, Alaska insurance Law lawyer represented Plaintiffs who sued Defendant on a bad faith breach contract theory.

Plaintiffs are seven women who formerly were patients of Dr. Myron Schweigert, a chiropractor practicing at Chugach Chiropractic Clinic, LLC (the “Clinicâ€�) in Eagle River, Alaska.[5]On December 31, 2015, Plaintiffs filed suit against Dr Schweigert and the Clinic in A... More...    $0 (05-26-2023 - AK)

Anchorage, Alaska criminal law lawyers represented Defendant changed with first-degree murder.

        We consolidated these two cases to resolve the following question: What is the effect of the death of a criminal defendant while an appeal is pending? John Carlin III was convicted of first-degree murder. He appealed his conviction to the court of appeals and died before the open... More...    $0 (03-25-2011 - AK)

We must decide whether an Alaska law regulating campaign contributions violates the First Amendment. At issue are Alaska’s limit on contributions made by individuals to candidates, its limit on contributions made by individuals to election-related groups, its limit on political party-to-candidate contributions, and its limit on the total funds a candidate may receive from out-of-state residents. T... More...    $0 (11-29-2018 - AK)

Wells’ convictions arise out of the deaths of Richard W. Belisle and James A. Hopkins, federal employees and Wells’ co-workers at the United States Coast Guard (“USCG”) antenna maintenance facility, located at the USCG Communication Station (“COMMSTA”) on Kodiak Island, Alaska. COMMSTA consists of two main buildings: a large operations center, known as T1; and the antenna maintenance facility, or ... More...    $0 (12-21-2017 - AK)

Defendant-Appellant James Michael Wells (“Wells”) appeals from his jury trial convictions for two counts of First Degree Murder, in violation of 18 U.S.C. § 1111(a), (b); two counts of Murder of a Federal Employee, in violation of 18 U.S.C. §§ 1114, 1111; and two counts of Use of a Firearm in Relation to a Crime of Violence Resulting in Death, in violation of 18 U.S.C. § 924 (c), (j). Wells was se... More...    $0 (12-20-2017 - AK)

Anchorage, AK - Anchorage Couple Found Not Guilty For Starting Sockeye Fire In 2015

The State of Alaska charged Greg Imig, age 61, and Amy DeWitt, age 43, with burning without a permit, burning without clearing area, uncontrolled spread of fire / Damage to property of another, failure to estingish / leaving fire unattended,criminally negligent burning, to the 2015 wildfire.

The f... More...    $0 (05-12-2017 - AK)

Bethel, AK - Angelina Trailov and Mary Kenick sued Allstate Insurance Company and Kathy Berry on bad faith breach of contract theories claiming that the defendants improperly handled Plaintiffs' claims.

Trailov was 15-years-old at the time of the accident. She suffered a skull fracture, a punctured lung and other permanent injuries.

Court Docket Entries:

12/13/2004 08... More...    $17000000 (09-23-2015 - AK)

Challenged in this case are land and water use permits allowing intensive
mineral exploration on State land. The main question we address is whether the
Department of Natural Resources (DNR) had to give public notice before issuing the
permits. Because the Alaska Constitution requires public notice when interests in land
are transferred, the answer to this question depends on wheth... More...    $0 (05-29-2015 - AK)

The primary issue in this consolidated appeal is the validity and interpretation of a roadway easement granted to meet a borough's subdivision plat-waiver requirements. The borough later approved a nearby subdivision project contingent on upgrading the easement roadway. The owners of the servient estate first insisted that the developer maintain his roadway upgrade within the original 50-foot eas... More...    $0 (11-30--0001 - AK)

Several state law questions arise in this appeal, and three federal law questions, whether expert testimony should have been excluded under Daubert1, whether disallowance of a

ALASKA RENT-A-CAR V. AVIS BUDGET GROUP 5

2 Batson v. Kentucky, 476 U.S. 79 (1986).

3 Alaska Civil Procedure Rule 82.

4 “We recount the relevant facts in the manner most favorable to the ... More...    $0 (06-21-2013 - 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)

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)

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)

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)

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)

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)

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)

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 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)

Plaintiffs Dyer L. Vandevere, John McCombs, Gary Hollier, and John Jent fish commercially for salmon in the waters of Alaska’s Upper Cook Inlet. State-issued entry permits and shore fishery leases allow them to fish there. After Alaska promulgated regulations that shorten the fishing year and limit the number of salmon that commercial fishers may harvest, Plaintiffs brought this action against D... More...    $0 (07-11-2011 - AK)

An employee filed suit against her employer for wrongful termination after her union refused to take her grievance to arbitration under the applicable collective bargaining agreement. Relevant federal law required the employee to prove as part of her wrongful termination claim that her union had breached its duty of fair representation when handling her grievance.1 During trial the employer twice ... More...    $0 (04-15-2011 - AK)

A former director, accused of misconduct while serving as chair of a corporate board, appeals a jury verdict finding him liable for breach of fiduciary duty.

He also appeals a superior court order banning him from serving on the corporation’s board of directors for five years. The director argues the superior court erred by:

(1) refusing to instruct the jury on what he refers to as... More...    $0 (04-22-2011 - AK)

We must decide, among other issues, whether an insurance company’s failure to settle a claim against its insured by a ALLSTATE INSURANCE v. HERRON 3383 claimant’s stated settlement deadline constitutes a breach of the insurer’s duty of good faith and fair dealing under Alaska law.

I

A

On September 14, 2002, Charles Herron was involved in a single-car accident, in which h... More...    $0 (03-10-2011 - AK)

Allstate Insurance Company (Allstate) and Wayne Watson, an Allstate attorney, seek review of an order denying their motion for partial summary judgment. Allstate and Watson argue that an action in tort for spoliation of evidence may only be maintained where evidence is permanently lost or destroyed, not when evidence is only concealed from the complaining party. We hold that the tort of fraudulent... More...    $0 (11-12-2010 - AK)

Douglas Brotherton appeals a superior court order extending his child support obligation for his 18-year-old son Nicholas through Nicholas’s graduation from high school pursuant to AS 25.24.170(a). Douglas argues that the superior court erred in interpreting both AS 25.24.170(a) and a stipulation setting out his child support obligation. He also argues that the superior court committed various p... More...    $0 (10-08-2010 - AK)

A landlord sought re-possession of her condominium from a tenant. The tenant asserted he had an enforceable right to purchase the residence based on an option in his lease (the option right). After a superior court bench trial at which the tenant appeared pro se, the court ruled in favor of the landlord. The tenant appeals, arguing that the trial court erred by: (1) refusing to postpone trial to a... More...    $0 (08-13-2010 - AK)

A consumer brought a putative class action lawsuit against an automobile dealership more than two years after he purchased a vehicle, alleging the dealership charged a document preparation fee not included in the vehicle’s advertised price in violation of Alaska’s Unfair Trade Practices and Consumer Protection Act (UTPA). The dealership moved to dismiss the complaint, arguing that the two-year... More...    $0 (08-13-2010 - AK)

Deborah Dash brought a medical malpractice claim against Dr. Grant Roderer based on a procedure he performed to relieve her back pain. A jury awarded Dash roughly $1.4 million in compensatory damages. The superior court awarded Dash costs under Alaska Civil Rule 79 and attorney’s fees under Alaska Civil Rule 68. Dr. Roderer appeals from the denial of his motions to dismiss, for judgment notwiths... More...    $0 (07-02-2010 - AK)

After the jury returned a favorable damages verdict, the plaintiff moved for attorney’s fees under Alaska Rule of Civil Procedure 68. Despite having a contingency fee agreement with his attorney, the plaintiff requested attorney’s fees based on his attorney’s time and hourly rate. The trial court granted the plaintiff’s motion. The defendant challenges the award, arguing that (1) it was er... More...    $0 (07-16-2010 - AK)

An employee of the City of Barrow (Barrow) who served as finance director for nearly eight years resigned after learning the mayor was demoting her to the position of senior accountant. She filed suit alleging violation of her right to due process under 42 U.S.C. § 1983, alleging violation of the Alaska Whistleblower Act, and alleging wrongful termination and intentional and negligent infliction ... More...    $0 (04-30-2010 - AK)

This case is before us for a second time. In our first decision we held that Lee Williams was entitled to an implied roadway easement over property owned by Larry Fagnani.1 On remand the superior court ruled that Fagnani was entitled to maintain a locked gate across the roadway, so long as Williams was advised of the combination.

Williams’s challenge to this ruling is the main issue now b... More...    $0 (03-05-2010 - 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)

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)

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)

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)

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)