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   State Courts - Alaska - April 27, 2001

  
Brown v. Lange, Supreme Court No. S-8745, No. 5400, SUPREME COURT OF ALASKA, April 27, 2001, Decided
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Overview: In a personal injury case, the appellate court vacated a default judgment entered against defendant; the default judgment was entered without apportioning fault between two defendants.

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Cabana v. Kenai Peninsula Borough, Supreme Court Nos. S-9377/9497, No. 5398, SUPREME COURT OF ALASKA, April 27, 2001, Decided
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Overview: Trial judge correctly dismissed appeal of classification of municipal land, a legislative decision rather than a quasi-judicial one. Property owner was a public interest litigant exempt from paying city's attorney's fees.

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Fine v. State, Court of Appeals No. A-7828, No. 1736, COURT OF APPEALS OF ALASKA, April 27, 2001, Decided
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Overview: Where appellant was convicted of criminally negligent homicide, assault, and driving while intoxicated, record did not support excessive sentence to protect the public. It was also error to revoke driver's license for life.

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Hartung v. State, Supreme Court No. S-8352, No. 5399, SUPREME COURT OF ALASKA, April 27, 2001, Decided
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Overview: Personal liability for corporate unemployment taxes would not attach to a chief financial officer after the corporation filed bankruptcy where a bankruptcy order prevented him from paying the taxes owed.

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Hill v. State, Court of Appeals No. A-7522, No. 1735, COURT OF APPEALS OF ALASKA, April 27, 2001, Decided
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Overview: Mandatory parole was lawful; parole board had authority to set conditions governing conduct of prisoners released to mandatory parole, and parolee who violated conditions could be required to serve remainder of sentence.

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Sengupta v. Univ. of Alaska, Supreme Court No. S-8515, No. 5397, SUPREME COURT OF ALASKA, April 27, 2001, Decided
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Overview: Where terminated professor failed to timely appeal his termination, failed to raise a triable issue of fact for discrimination, and free speech claims were barred by res judicata, summary judgment for university was proper in all respects.

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Sopko v. Dowell Schlumberger, Supreme Court No. S-9354, No. 5396, SUPREME COURT OF ALASKA, April 27, 2001, Decided
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Overview: Appellant's claim for exposure to toxic chemicals was barred by the two-year statute of limitations; under the discovery rule, appellant's claim accrued at the time that he reasonably should have discovered all of the elements of his cause of action.

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Temple v. Denali Princess Lodge, Supreme Court No. S-9448, No. 5401, SUPREME COURT OF ALASKA, April 27, 2001, Decided
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Overview: Substantial evidence supported the Workers' Compensation Board's conclusion that employer did not facilitate assault on employee; thus the denial of employee's claim for compensation was affirmed.

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West v. West, Supreme Court No. S-9666, No. 5394, SUPREME COURT OF ALASKA, April 27, 2001, Decided
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Overview: Trial court erred in awarding primary custody of a child to a former husband on the basis of his anticipated remarriage. Presumption that two-parent household should have an advantage over a single parent was unwarranted.

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