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   State Courts - Alaska - August 30 - August 31, 2001

  
Hoffman Constr. Co. v. US Fabrication & Erection, Inc., Supreme Court No. S-09116, SUPREME COURT OF ALASKA, August 30, 2001, Decided
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Curran v. Progressive Northwestern Ins. Co., Supreme Court No. S-9311/9355, Superior Court Nos. 3AN-97-7397 CI / 3AN-978737 CI (consolidated)., SUPREME COURT OF ALASKA, August 31, 2001, Decided
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Overview: Alaska's underinsured motorist statute, an exhaustion statute, did not contravene public policy. Insureds did not exhaust underlying liability policy limits, and offers of credit were not equivalent to exhaustion of limits.

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Green v. Green, Supreme Court No. S-9501, No. 5461, SUPREME COURT OF ALASKA, August 31, 2001, Decided
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Overview: Trial court's finding that parties' separate property had been transmuted into marital property by virtue of marital use and effort was not clearly erroneous. Trial court failed to explain why it valued cash assets as of separation date.

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In re C.R.H., Supreme Court No. S-9677, No. 5458, SUPREME COURT OF ALASKA, August 31, 2001, Decided
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Overview: Where state assumed custody of child after she was born, and Alaskan tribes of parents sought transfer of jurisdiction, federal law authorized transfer jurisdiction for federally recognized tribes. Jurisdiction was transferred to maternal tribe.

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J.H. v. State, Supreme Court No. S-09471, No. 5462, SUPREME COURT OF ALASKA, August 31, 2001, Decided
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Overview: Parental rights were properly terminated where evidence supported that mother continued to abuse drugs, had neglected her other children, and was at risk for neglecting the child who was the subject of the proceeding.

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Jackson v. State, Court of Appeals No. A-7552, No. 1762, COURT OF APPEALS OF ALASKA, August 31, 2001, Decided
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Overview: Trial court erred in dismissing defendant's application for postconviction relief insofar as it related to defendant's claim that he did not receive proper credit for the time served before sentencing.

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Jackson v. State, Court of Appeals No. A-07552, COURT OF APPEALS OF ALASKA, August 31, 2001, Order Decided
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John v. Baker, Supreme Court No. S-9891, No. 5460, SUPREME COURT OF ALASKA, August 31, 2001, Decided
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Overview: Loss of custody proceeding records by tribal court did not, in and of itself, constitute a violation of father's due process rights.

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Magill v. Nelbro Packing Co., Supreme Court No. S-9549, No. 5459, SUPREME COURT OF ALASKA, August 31, 2001, Decided
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Overview: Fishers did not prove existence of profit-sharing agreement with packing company, either by testimony or documentary evidence, so trial court did not clearly err in ruling in favor of company and in awarding it attorney fees.

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Robles v. Shoreside Petroleum, Supreme Court No. S-8617, No. 5457, SUPREME COURT OF ALASKA, August 31, 2001, Decided
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Overview: The gas station operator's suit for personal injuries was remanded for retrial on the issue of the propane supplier's negligent failure to warn him of the dangers of filling old tanks, and on related issues of causation and comparative fault.

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