Alaska, May, 2002, State Case law | lexisONE® Community

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State Courts - Alaska - May 31 - June 7, 2002

Alakayak v. B.C. Packers, Ltd., Supreme Court Nos. S-9259/9359, No. 5575, SUPREME COURT OF ALASKA, May 31, 2002, Decided
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Overview: Summary judgment was improper in an antitrust action against salmon importers; evidence of telephone calls and price verifications made by defendants created an issue of fact as to the existence of a price-fixing conspiracy.

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State v. Rozak, Court of Appeals No. A-7980; No. 1805, COURT OF APPEALS OF ALASKA, May 31, 2002, Decided
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Overview: Subsection of fishing regulation was intended to clarify restrictions for permit holders in one fishing area; to the extent it might call for disparate treatment among permit holders, that area's permit holders faced greater restrictions.

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Guerrero v. State, Court of Appeals No. A-7898, No. 4577, COURT OF APPEALS OF ALASKA, June 5, 2002, Decided
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Overview: Where prior case law held the statute of limitations on petitions for postconviction relief did not violate Alaska Constitution and constituted a suspension of habeas corpus, untimely motion was properly denied.

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Timmons v. State, Court of Appeals No. A-7478, No. 4578, COURT OF APPEALS OF ALASKA, June 5, 2002, Decided
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Overview: Prosecutor's comments that defendant's blood was preserved so that he could have a second chemical test if he wanted one was not an improper comment asking jurors to infer that blood had been tested and results were unfavorable to defendant.

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Cleaver v. Commer. Fisheries Entry Comm'n, Supreme Court No. S-9689, No. 5576, SUPREME COURT OF ALASKA, June 7, 2002, Decided
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Overview: Where fisherman's first attempt at participating in sablefish longline fishery lasted two days, commission did not err by refusing to give him participation points he needed for limited entry fishery permit based on extraordinary circumstances.

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Fairbanks Fire Fighters Ass'n, Local 1324 v. City of Fairbanks, Supreme Court No. S-9715, No. 5579, SUPREME COURT OF ALASKA, June 7, 2002, Decided
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Overview: Where labor relations agency decision raised a question of the power of government officials, issues were sufficiently important to the public interest to merit consideration despite the fact that union's appeal did not present a live controversy.

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In re Will of Tamplin, Supreme Court No. S-9830, No. 5577, SUPREME COURT OF ALASKA, June 7, 2002, Decided
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Overview: In order to revoke trust, decedent was required to revoke the trust in a writing other than a will, therefore will was not sufficient to revoke trust or remove trust property and place it in the decedent's estate.

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Tru-Line Metal Prods. v. U. S. Fabrication & Erection, Supreme Court No. S-9790, No. 5578, SUPREME COURT OF ALASKA, June 7, 2002, Decided
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Overview: Where a federal court judgment was not "on the merits," despite being called a summary judgment, a sub-contractor's subsequent state court case was not barred by res judicata and it was error for the state court to have granted summary judgment.

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