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   State Courts - Alaska - November 12 - November 19, 2004

  
Indus. Commer. Elec., Inc. v. McLees, Supreme Court No. S-10447, No. 5843, SUPREME COURT OF ALASKA, November 12, 2004, Decided
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Overview: Summary judgment was improperly granted in a case alleging, inter alia, breach of contract and breach of fiduciary duty because there was a genuine issue of material fact as to whether releases were invalid due to misrepresentation.

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Municipality of Anchorage v. Gregg, Supreme Court No. S-10722/10751, No. 5842, SUPREME COURT OF ALASKA, November 12, 2004, Decided
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Overview: Finding of FMLA violation was upheld because, among other things, when an employee was actually incapacitated by illness, the failure to get a correct diagnosis could not disqualify an employee from the FMLA's protection.

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Reichel v. State, Court of Appeals No. A-8555, No. 1955, COURT OF APPEALS OF ALASKA, November 12, 2004, Decided
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Overview: In a drug case, a motion to suppress evidence should have been granted because officers had no justification for conducting an investigatory stop on a parolee leaving a bar since there was no evidence of imminent danger where a cab had been called.

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Way v. State, Court of Appeals No. A-8549, No. 1956, COURT OF APPEALS OF ALASKA, November 12, 2004, Decided
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Overview: A motion to suppress evidence was denied because officers had authority to frisk defendant after entering an apartment in search of a fugitive; based on a prior drug encounter, police had a reasonable suspicion that defendant was armed and dangerous.

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Cogdill v. State, Court of Appeals No. A-8541, No. 1957, COURT OF APPEALS OF ALASKA, November 19, 2004, Decided
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Overview: On bootlegger's appeal, judgment was affirmed, as State had valid reason for declining to grant immunity to defendant's witness--witness's invocation of privilege could reasonably be anticipated, as her proposed testimony was self-incriminatory.

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Imperial Mfg. Ice Cold Coolers, Inc. v. Shannon, Supreme Court No. S-11045, No. 5845, SUPREME COURT OF ALASKA, November 19, 2004, Decided
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Overview: On subcontractor's appeal of adverse summary judgment in public contracts case, judgment was affirmed, as no private right of action existed through which subcontractor could sue school district for failing to ensure bonding requirement was met.

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Libertarian Party of Alaska, Inc. v. State, Supreme Court No. S-11012, No. 5844, SUPREME COURT OF ALASKA, November 19, 2004, Decided
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Overview: On appeal of campaign finance ruling, judgment was affirmed, as regulation requiring political parties to report soft money contributions and expenditures implemented Campaign Disclosure Act by facilitating enforcement of hard money limits.

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Simpson v. State, Supreme Court No. S-10948, No. 5846, SUPREME COURT OF ALASKA, November 19, 2004, Decided
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Overview: On fisherman's appeal of affirmance of adverse decision regarding fishing permits, judgment was affirmed, as the administrative decision regarding the maximum number of permits was reasonable and not arbitrary.

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