News & Analysis as of

AK Supreme Court

Schwabe, Williamson & Wyatt PC

Alaska Supreme Court Affirms Tribal Sovereignty and Clarifies Essential Tool

The Alaska Supreme Court recently affirmed and expanded Tribal sovereignty in Ito v. Copper River Native Association, issued on April 26, 2024, in which the court adopted a new multi-factor inquiry to determine whether an...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Does Arkansas Recognize the Doctrine of Inevitable Disclosure?

Does Arkansas recognize the doctrine of inevitable disclosure in the context of trade secret issues? In some circumstances, yes...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Fort Smith Residential-Recycling Program: Arkansas Supreme Court Addresses Illegal Exaction/Unjust Enrichment Claims

The Supreme Court of Arkansas (“SCT”) addressed in a March 16th Opinion issues associated with the City of Fort Smith, Arkansas’s (“Fort Smith”) residential recycling program. See City of Fort Smith, Arkansas, v. Jennifer...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Products Liability Series: Can a Plaintiff Pursue Punitive Damages From Multiple Defendants?

Can a plaintiff pursue punitive damages from multiple defendants? Yes, but this comes with significant limitations for the plaintiff. Pursuing relief from multiple defendants generally results in the conclusion that joint...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Groundwater Contamination/Dry Cleaners: Alaska Supreme Court Addresses Whether Seller Had a Duty to Disclose

The Alaska Supreme Court (“Court”) addressed in a December 30th opinion issues arising out of the purchase of a property that had groundwater contamination. See Gavora, Inc. v. City of Fairbanks, 502 P.3d 410. ...more

Allen Matkins

May A Board Sanction A Director By Withholding Corporate Information?

Allen Matkins on

A recent Alaska Supreme Court decisions addresses, but does not decide, the question of whether a corporation may punish a director by withholding corporate information.  In Borer v. Eyak Corp., 2022 Alas. LEXIS 37, winning...more

Schwabe, Williamson & Wyatt PC

Borer Decision and Potential Impacts to ANCs

On April 1, 2022, the Alaska Supreme Court issued Borer v. The Eyak Corporation, which may impact Alaska Native Corporation boards of directors and their corporate governance structures and policies. Courts only resolve...more

Mitchell, Williams, Selig, Gates & Woodyard,...

I-30 Widening - Reconstruction/National Environmental Policy Act: U.S. District Court (E.D. Arkansas) Addresses Cross Motions for...

United States District Court Judge James M. Moody (“Court”) addressed in a March 31st Order an allegation by Plaintiffs (seven neighborhood associations) that the expansion of I-30 interstate violated the National...more

Hahn Loeser & Parks LLP

“OK, Doomer”: Climate Change Litigation Led by Our Youth and Indigenous Peoples

In both Australia and the United States, indigenous peoples and the younger generation have been raising the torch in instituting legal battles to challenge the government and the private sector regarding climate change...more

Jackson Lewis P.C.

Alaska Supreme Court Cools Down Standard For Establishing State Law Wage & Hour Exemptions

Jackson Lewis P.C. on

Answering the first of two certified questions from an Alaska federal court and overturning nearly 30-year-old precedent, the Alaska Supreme Court has held that an employer need only establish an exemption under the Alaska...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Injured Workers Cannot Use the Declaratory Judgment Act to Avoid Exclusive Jurisdiction in the Workers' Compensation Commission

The Arkansas Supreme Court recently handed down an opinion that should reassure employers dealing with an incident involving a workplace injury. The Court affirmed that disputes over such injuries belong in the Workers’...more

Davis Wright Tremaine LLP

Supreme Court of Alaska Tosses Contractor Claim for Failure to Timely Submit Notice

On May 1, 2020, the Supreme Court of Alaska issued a decision upholding the Alaska Department of Transportation's (ADOT) decision to deny a contractor's claim for additional compensation due to the contractor's failure to...more

Troutman Pepper

Alaska’s Supreme Court Holds That Executing a Settlement Agreement Releases Parties from Contractual Obligation to Arbitrate...

Troutman Pepper on

SMJ Gen. Constr., Inc. v. Jet Commer. Constr., LLC, No. S-16785/16985, 2019 BL 131640 (Alaska Apr. 12, 2019) - In 2016, Jet Commercial Construction, LLC (“Jet”) entered into a subcontract with SMJ General Construction,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Big Win for Arkansas Hospitals: Protecting the Quality Assurance Process

The Arkansas Court of Appeals recently affirmed the critically important quality-assurance privilege in Arkansas, codified at Arkansas Code Annotated section 16-46-105. At issue was whether a hospital must convene a formal...more

Proskauer Rose LLP

Wealth Management Update - May 2018

Proskauer Rose LLP on

May Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - The May § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is...more

Holland & Hart LLP

Asset Protection Statute Cannot Limit Jurisdiction of Another State

Holland & Hart LLP on

The Supreme Court of Alaska issued a ruling on March 2, 2018, denying Alaska courts the exclusive jurisdiction purportedly granted by the Alaska asset protection statute. This holding is consistent with a ruling by the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

What is Arkansas' Pre-Judgment Interest Rate? A Vexing Question with No Clear Answer.

If you become engaged in litigation in Arkansas, the answer to this question can be worth hundreds of thousands of dollars in potential recovery or exposure. As such, pre-judgment interest is an important consideration. This...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hospital Answer Stricken for Destroying Paper Medical Record after Scanning into the EMR

On Wednesday, October 25, 2017, the Arkansas Court of Appeals handed down an opinion affirming a severe sanction against a hospital in a medical malpractice case. The trial court had stricken the hospital’s answer, where...more

Cozen O'Connor

Alaska Creates Exception to General Rule that Injured Party Cannot Sue Insured’s Carrier

Cozen O'Connor on

The Supreme Court of Alaska in Burnett v. Government Employees Insurance Company, 2017 WL 382648 (Alaska 2017) recently decided in a 3-2 decision that an insurer who voluntarily assumed the responsibility for cleaning up an...more

Proskauer Rose LLP

Wealth Management Update - February 2017

Proskauer Rose LLP on

February Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - The February § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs...more

20 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide