Alaska Intentional Law
 

Brittany Blake, D.C., et al. v. NCMIC Insurance Company

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 “Clinic”) 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)

The Estate of Bishar Ali Hassan v. Municipality and City of Anchorage, et al.

Anchorage, Alaska civil rights lawyer represented Plaintiff who sued Defendants on excessive force wrongful death theories under 42 U.S.C. 1983.


Plaintiffs brought this suit pursuant to 42 U.S.C. §§ 1983, 1985, and 1986 seeking redress for alleged violations of Plaintiffs' federal constitutional rights guaranteed by the Fourth, Fifth, and Fourteenth Amendments.[51] The Court has ju... More...
   $0 (05-09-2023 - AK)

UNITED STATES OF AMERICA v. JAMES MICHAEL WELLS

United States Court of Appeals for the Ninth Circuit

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)

United States of America v. James Michael Wells

District of Alaska Federal Courthouse - Anchorage, Alaska

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)

Untied States of America v. Furie Operating Alaska, L.L.C.

Anchorage, AK - Alaska Oil Company Agrees to Pay $10 Million in Penalties to Settle Federal Claims for Violating the Jones Act

Furie Operating Alaska LLC (Furie), a company whose focus is exploration and production of natural gas and oil in Cook Inlet, agreed to pay $10 million to satisfy a civil penalty originally assessed against it by U.S. Customs and Border Protection (CBP) for v... More...
   $0 (04-04-2017 - AK)

United States of America v. East West Seafoods, LLC

Anchorage, AK - Seafood Processing Company and Owner Sentenced to Pay $60k for Dumping Oil and Raw Sewage

East West Seafoods LLC, a State of Washington company, was sentenced in federal court today to pay a total of $50,000 in fines for violating the Act to Prevent Pollution from Ships, the Clean Water Act, and the Refuse Act by intentionally discharging oily bilge water and raw sewage in... More...
   $0 (03-21-2017 - AK)

United States of America v. Herm. Dauelsberg GmbH & Co. KG

Anchorage, Alaska – Herm. Dauelsberg GmbH & Co. KG, a German company, was sentenced in federal court today to pay a total of $750,000 in fines and community service payments for violating the Act to Prevent Pollution from Ships by intentionally discharging 1,780 gallons of oily water into the sea off the coast of Alaska and then presenting false records to the U.S. Coast Guard.

Herm. Da... More...
   $0 (06-03-2015 - AK)

Nunamta Aulukestal v. State of Alaska

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)

Keven Windel v. Mat-Se Title Insurance Agency, Inc.

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)

Caroline Williams v. GEICO Casualty Co. d/b/a GEICo

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)

Estate of Simone Young Kim v. Ray Coxe d/b/a Rayco Sales

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)

Allstate Insurance Company v. Ron Dooley

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)

Lucy Okpik v. City of Barrow, Alaska

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)

James Weed v. Bachner Company, Inc.

The sole question in this case is whether state procurement officials are entitled to absolute immunity or qualified immunity for common law claims arising from the bid evaluation process. In this case, a disappointed bidder sued the procurement officials individually after the administrative hearing officer in the bid protest proceeding found serious improprieties in the bid evaluation process. T... More...    $0 (05-14-2010 - AK)

David D. Beal, et al. v. David A. McGuire, et al.

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)

Martha L. Asher v. Alkan Shelter, LLC

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)

Jackie Lee Neese, et al. v. Lithia Chrysler Jeep of Anchorage, Inc., et al.

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 v. Sarah Skin, et al.

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 liability” policy under AS 28.22.101(c); (2) the Pro... More...    $0 (07-10-2009 - AK)

James F. Dieringer, Jr. v. Darrel Martin

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)

Russell Maddox, dba R&R Dog Boarding v. Penny Hardy and Dorene Lorenz

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)

Gregory O. Brown, et al. v. Albert W. Dick, et al.

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)

City of Bethel v. Catherine Peters

This appeal of a jury verdict in a tort suit against the City of Bethel presents the question whether recommendations for action contained in a post-accident report are excludable as subsequent remedial measures under Alaska Rule of Evidence 407, the

-2- 5829 question whether the superior court properly submitted the issue of severe disfigurement to the jury, and a question concerning... More...    $575000 (09-04-2004 - AK)

Michael A. Adams v. Don Adams, individually and on behalf of Alaska Rubber & Supply, Inc. and ADA Investments

The power to avoid a contract due to misrepresentation can be lost if a party knowing or having reason to know of the misrepresentation affirms the contract. But this rule only applies in cases of non-fraudulent misrepresentations. Where there is fraud the power of avoidance is only lost if the party actually knows of the misrepresentation and

1 See note 6 infra.

2 The premises are... More...    $0 (04-26-2004 - AK)

Raad v. Fairbanks North Star Borough

Plaintiff-Appellant Nada Raad, an American citizen of Lebanese descent and Muslim faith, appeals the district court's order of summary judgment against her claims of workplace discrimination on the basis of national origin and religion, and her claims of retaliation, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. Raad's allegations of discrimination s... More...    $0 (03-27-2003 - AK)

Lois Gilbert v. Nina Plaza Condo Association

Lois Gilbert appeals the dismissal of two cases that she filed against the Nina Plaza Condominium Association and condominium owner Steven Simonka. The superior court dismissed Gilbert's first case for failing to comply with the pretrial scheduling order. The court dismissed her second case, and subsequently refused to reopen it, for failing to properly serve the defendants. Because the superi... More...    $0 (02-14-2003 - AK)

Kodiak Island Borough v. Joan Roe, et al.

A civil jury found two Kodiak Island Borough employees liable for intentional torts they committed against a resident at a borough-operated facility for developmentally disabled women. The jury also found the borough negligent for failing to prevent the employees' intentional torts. The trial court declined to permit the jury to allocate fault and apportion damages between the negligent and int... More...    $1350000 (02-13-2003 - AK)

Vernon Solomon v. Interior Regional Housing Authority

Title 25 U.S.C. 450e(b) provides that "[a]ny contract, subcontract, grant, or subgrant pursuant to [an act] authorizing Federal contracts with or grants to Indian organizations or for the benefit of Indians, shall require that to the greatest extent feasible," preference shall be given to Indians in the employment and training opportunities connected with the grant. This appeal requires us... More...    $0 (12-20-2002 - AK)

David A. Spindle, M.D. v. Sisters of Providence in Washington d/b/a Providence Alaska Medical Center, et al.

Dr. David K. Spindle appeals from the decision of the superior court granting summary judgment to Drs. Louis Kralick and John C. Godersky as well as th eir business Anchorage Neurosurgical Associates, Inc. and Sisters of Mercy Providence Hospital, Inc. on Dr. Spindle's claims arising from his failure to obtain privileges at Providence Hospital. Because the superior court correctly found that D... More...    $0 (12-20-2002 - AK)

Geri Reich v. Cominco Alaska, Inc.

Geri Reich sued her former employer, Cominco Alaska, Inc., alleging that it subjected her to a hostile work environment at the Red Dog Mine. The mine was operated by Cominco but owned by NANA Regional Corporation. Alaska Rule of Civil Procedure 47(c)(12) excludes prospective jurors who have a financial interest in the litigation. Does this rule apply to stockholders of a corporation, such as NA... More...    $0 (10-04-2002 - AK)

John Reeves v. Alyeska Pipeline Service Co.

John Reeves developed an idea to build a visitor center at a turnout overlooking the Trans-Alaska Pipeline near Fairbanks. He described his idea to Alyeska's Fairbanks manager, Keith Burke, in return for Burke's promise not to use the idea without allowing Reeves to participate in its implementation. Yet Alyeska subsequently ceased dealing with Reeves and proceeded to build the visitor center o... More...    $1820000 (07-19-2002 - AK)

Paul Hibbits and Darci K. Purvis v. Dan Sides

Does Alaska recognize intentional third-party spoliation as a tort? In light of our earlier decisions in Nichols v. State Farm Fire and Casualty Co. [Fn. 1] and Hazen v. Municipality of Anchorage, [Fn. 2] we conclude that it does. Accordingly, we hold that it was error to dismiss appellants' complaint, which alleged intentional third-party spoliation, for failure to state a claim upon whic... More...    $0 (11-06-2001 - AK)

Gidget Lincoln v. Interior Regional Housing Authority

Gidget Lincoln petitioned this court for review of the superior court's grant of summary judgment, dismissing her claims against her former employer, Interior Regional Housing Authority, for violation of the Alaska Whistleblower Act, breach of the implied covenant of good faith and fair dealing, and intentional infliction of emotional distress.

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Click the case caption above for ... More...    $0 (09-14-2001 - AK)

George and Elizabeth Lybrand v. Robert and Leta Trask

Elizabeth Lybrand sued her neighbors, Robert and Leta Trask, for intentional infliction of emotional distress (IIED) after Leta Trask painted large words and symbols on the Trasks' roof. The trial court dismissed Lybrand's IIED claim at trial at the conclusion of her case in chief.

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Click the case caption above for the full text of the Court's opinion.... More...    $0 (09-28-2001 - AK)

State Farm Mutual Insurance Company v. Lawrence

Stacey Lawrence, Jr. was seriously injured in a car accident caused by an underinsured motorist. Lawrence exhausted the "Each Person" limits of the uninsured/underinsured motorist (UM/UIM) provisions of his family's State Farm Mutual Automobile Insurance Co. policies. His parents then sought to collect separate policy limits under the "Each Accident" provision of their UM/UIM provisions, f... More...    $50000 (07-13-2001 - AK)

L.C.H. v. T.S.

Tabitha S. [Fn. 1] alleged that her step-grandfather, Lance H., sexually abused her during five different periods of time, beginning when she was three and continuing through the age of fourteen. After a civil trial, a jury found Lance liable for sexual abuse of a minor and intentional infliction of emotional distress.

This appeal presents two questions. The first is whether ... More...    $0 (08-17-2001 - AK)

State Farm Mutual Insurance Company v. Stacey Lawrence, Sr., et al.

Stacey Lawrence, Jr. was seriously injured in a car accident caused by an underinsured motorist. Lawrence exhausted the "Each Person" limits of the uninsured/underinsured motorist (UM/UIM) provisions of his family's State Farm Mutual Automobile Insurance Co. policies. His parents then sought to collect separate policy limits under the "Each Accident" provision of their UM/UIM provisions, f... More...    $0 (07-13-2001 - AK)

Jennifer S. Mitchell v. Susan Tuccio Heinrichs

Susan Heinrichs shot and killed Jennifer Mitchell's dog. Mitchell sued, seeking compensatory damages for the dog's value, as well as damages for her mental anguish and punitive damages. Upon making a threshold determination that Heinrich's conduct was not outrageous, the superior court granted summary judgment to Heinrichs on Mitchell's claims for intentional infliction of emotional distre... More...    $0 (07-20-2001 - AK)

Finch v Greatland Foods, Inc.

Jack Finch appeals the superior court's order granting summary judgment in favor of Bob's Distributing, his former employer, on claims of constructive discharge, breach of the covenant of good faith and fair dealing, and intentional infliction of emotional distress. Because Finch presented sufficient evidence to create a genuine fact dispute as to whether Bob's constructively discharged him... More...    $0 (05-04-2001 - AK)

Alaska Utility Construction Inc. v. International Brotherhood of Electrical Workers, Local 1547

Labor Relations - Non-Union Contractor - Aaron Downing formed Alaska Utility Construction, Inc., in 1986. AUC installed electric power poles and wiring for various utilities in Alaska. Although Downing was a former member of the International Brotherhood of Electrical Workers and had previously been a union contractor, Downing chose to keep AUC non-union because he believed that he could bid pro... More...    $291227 (03-26-1999 - AK)

Elvis R. Stewart v. Wal-Mart, Inc, a foreign corporation

Civil Rights - Privacy - Elvis R. Stewart sued Wal-Mart for violating Alaska's civil rights statute, for invading his common-law right to privacy, and for negligent and intentional infliction of emotional distress. He sought both compensatory and punitive damages. At the close of Stewart's case, Wal-Mart moved for a directed ... More...    $57800 (11-12-1999 - AK)

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