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   State Courts - Alaska - July 2 - July 9, 2004

  
Lucier v. Steiner Corp., Supreme Court No. S-11192, Order No. 50, SUPREME COURT OF ALASKA, July 2, 2004, Decided
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Thomann v. Fouse, Supreme Court No. S-10865, No. 5824, SUPREME COURT OF ALASKA, July 2, 2004, Decided
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Overview: Where a driver's offer of judgment was indefinite in its proposed disposition of the individual's medical claims, it failed to meet certain specificity requirements, and the trial court erred in awarding the driver attorney's fees and costs.

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City of Kotzebue v. Lane, Supreme Court No. S-10713, No. 1174, SUPREME COURT OF ALASKA, July 7, 2004, Decided
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Overview: Glaciation on the landowner's property resulting from leaks in the city's encroaching service line and evidence that the glaciation resulted in loss of use damages to him entitled the landowner to damages under principles of inverse condemnation.

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Collette v. Alaska R.R. Corp., Supreme Court No. S-10638, No. 1175, SUPREME COURT OF ALASKA, July 7, 2004, Decided
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Overview: Trial court erred by granting summary judgment on the issue of whether the railroad crossing was unreasonably dangerous, and in finding that the personal representative had abandoned a claim that a train whistle had not been sounded early enough.

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Hallam v. Alaska Travel Adventures, Supreme Court No. S-10245, No. 1173, SUPREME COURT OF ALASKA, July 7, 2004, Decided
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Overview: A superior court was justified in dismissing an employee's class action against an employer due to lack of counsel to represent the class because the Alaska Wage and Hour Act did not authorize a pro se class action.

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McBride v. McAbee, Supreme Court No. S-10979, No. 1171, SUPREME COURT OF ALASKA, July 7, 2004, Decided
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Overview: Court did not err in failing to open an evidentiary hearing in a dissolution proceeding where, prior to the conclusion of the original hearing, the master asked if she had any questions, and the wife failed to raise any issues of domestic violence.

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Ridenour v. Ridenour, Supreme Court No. S-10833, No. 1172, SUPREME COURT OF ALASKA, July 7, 2004, Decided
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Overview: Trial court did not err in finding husband's disability pension as income replacement, and thus not subject to division upon divorce, and retirement benefit rights earned before period of coverture began were likewise husband's separate property.

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Vanreenan v. State, Court of Appeals No. A-8482, No. 4892, COURT OF APPEALS OF ALASKA, July 7, 2004, Decided
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Overview: The trial court did not err by refusing to bifurcate defendant's DWI and driving while his license was suspended trial, evidence was properly admitted and was not plain error, and the evidence supported defendant's felony DWI conviction.

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Still v. Cunningham, Supreme Court Nos. S-10680/10719, No. 5825, SUPREME COURT OF ALASKA, July 9, 2004, Decided
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Overview: Since her husband was independently creditworthy, requiring the wife to sign a guaranty violated the husband and wife's civil rights; thus, her guaranty was unenforceable. However, the husband was still liable under his permissibly required guaranty.

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