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   State Courts - Alaska - February 23 - March 4, 2005

  
Dennis B. v. State, Supreme Court No. S-11165, No. 1202, SUPREME COURT OF ALASKA, February 23, 2005, Decided
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Overview: The superior court properly terminated parental rights to two children based on the parents' drug-related conduct. The parent's failure to enroll in patient drug treatment amounted to a failure to remedy conduct under Alaska Stat. ¿ 47.10.088(a)(1)(B). Their continued use of prescribed narcotics affected their parenting.

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Dawson v. Temanson, Supreme Court No. S-10774, No. 5872, SUPREME COURT OF ALASKA, February 25, 2005, Decided
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Overview: Where the reasons given for an attorney's fee award to a landlord under Alaska Stat. ¿ 34.03.350 did not adequately explain why awarding less than 15 percent of the fees the landlord incurred in her lawsuit satisfied the full, reasonable standard under the circumstances, it was an abuse of discretion to award the landlord only $ 750.

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Deaver v. Auction Block Co., Supreme Court No. S-10724, No. 5870, SUPREME COURT OF ALASKA, February 25, 2005, Decided
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Overview: Where an auctioneer issued its own fish ticket to a commercial fisherman when the fisherman delivered his fish to the auctioneer, the auctioneer was the buyer of the fish under Alaska Stat. ¿ 44.25.040. In addition, the auctioneer was a merchant buyer who accepted goods for purposes of the fisherman's UCC claim.

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Hammond v. Dep't of Transp. & Pub. Facilities, Supreme Court No. S-10448, No. 5871, SUPREME COURT OF ALASKA, February 25, 2005, Decided
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Overview: A former employee's claim under the Alaska Whistleblower Act, Alaska Stat. ¿¿ 39.90.100-39.90.150, was not precluded by a prior arbitration because the employee did not clearly and unmistakably submit the statutory claim to arbitration, and a CBA did not clearly and unmistakably waive the right to bring an independent action.

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Alden H. v. Office of Children's Servs., Supreme Court No. S-11450, No. 5874, SUPREME COURT OF ALASKA, March 4, 2005, Decided
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Overview: Where father voluntarily relinquished his parental rights pursuant to Alaska Stat. ¿ 25.23.180(b), superior court did not abuse its discretion in denying a Rita T. hearing when he subsequently sought to withdraw the relinquishment because record demonstrated father did not have the ability to properly care for the special needs of his children.

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Martin v. Dieringer, Supreme Court No. S-11095, No. 1203, SUPREME COURT OF ALASKA, March 4, 2005, Decided
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Martin v. Dieringer, Supreme Court No. S-11102, No. 5873, SUPREME COURT OF ALASKA, March 4, 2005, Decided
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Overview: A trial court erred by finding that a personal representative did not breach his fiduciary duty because a loan of trust assets was not made at arm's length and caused harm to the estate due to a low interest rate. Also, the representative did not have a stake in life insurance and should not have demanded to purchase estate property.

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State v. Savo, Court of Appeals No. A-08583, COURT OF APPEALS OF ALASKA, March 4, 2005, Decided
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