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   State Courts - Alaska - December 3 - December 12, 2008
  
Adepoju v. Fred Meyer Stores, Supreme Court No. S-12602, No. 1320, SUPREME COURT OF ALASKA, December 3, 2008, Decided
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Overview: The Alaska Workers' Compensation Board was free to determine which party's expert witnesses were more credible and was free to reject the testimony of the employee's treating physicians because their causation testimony was based largely upon the employee's consistent and incredible embellishments concerning his condition.

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Jacob W. v. State, Supreme Court No. S-12972/S-13017, No. 1319, SUPREME COURT OF ALASKA, December 3, 2008, Decided
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Overview: Clear and convincing evidence showed that the parents failed to remedy the conduct that put their children at substantial risk under Alaska Stat. ? 47.10.088(a)(2)(B) because the father failed to achieve the goals of his case plan and stated that he did not intend to seek further alcohol abuse treatment because it was not important.

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Kim v. Alyeska Seafoods, Inc., Supreme Court No. S-12754, No. 6325, SUPREME COURT OF ALASKA, December 5, 2008, Decided
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Overview: In a worker's compensation proceeding, employee did not waive his right to a hearing because affidavit of readiness requirement in Alaska Stat. ? 23.30.110(c) was directory rather than mandatory.

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Mikesell v. Waterman, Supreme Court No. S-12910, No. 6324, SUPREME COURT OF ALASKA, December 5, 2008, Decided
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Overview: New Mexico was a more convenient forum under Alaska Stat. ? 25.30.360(b) because, although the child had lived in Alaska with her father for a year, she lived most of her life in Arizona and New Mexico, the father had superior financial resources, and members of the mother's and father's families lived in New Mexico and would testify as witnesses.

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Smith v. Groleske, Supreme Court No. S-12628, No. 6326, SUPREME COURT OF ALASKA, December 5, 2008, Decided
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Overview: Where a mother and father entered into an out-of-court custody and visitation agreement that was never submitted to the court, an award of sanctions under Alaska Stat. ? 25.20.140 based upon the mother's violation was improper because sanctions could only be awarded for violation of a court order and the private agreement was not a court order.

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State v. Waterman, Court of Appeals No. A-9634, No. 2198, COURT OF APPEALS OF ALASKA, December 5, 2008, Decided
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Varilek v. McRoberts, Supreme Court No. S-12348, No. 1321, SUPREME COURT OF ALASKA, December 10, 2008, Decided
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Overview: Court properly denied a personal representative's request for a continuance to obtain counsel because the wrongful death action did not fall within one of the categories of civil cases recognized as conferring a due process right to counsel; there was no official state action affecting the liberty interests or fundamental rights of an individual.

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Bylers Alaska Wilderness Adventures Inc. v. City of Kodiak, Supreme Court No. S-12343, No. 6327, SUPREME COURT OF ALASKA, December 12, 2008, Decided
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