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| Estate of Himsel v. State, Supreme Court No. S-8640, No. 5507,
SUPREME COURT OF ALASKA, November 30, 2001, Decided
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Overview: Feres doctrine was federal doctrine that did not apply to state tort claims brought in state courts. State could be liable for pilot's acts, if pilot was borrowed employee at the time of the accident. Summary judgment was reversed.
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| D.J. v. P.C., Supreme Court No. S-9470, No. 5512,
SUPREME COURT OF ALASKA, December 5, 2001, Decided
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Overview: Court erred in finding that ICWA did not apply in termination proceeding where both parties were Native Americans, as grandmother, who had custody of child, would not be deprived of custody, if father's rights were not terminated.
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| Simmons v. State, Court of Appeals No. A-7493, No. 4509,
COURT OF APPEALS OF ALASKA, December 5, 2001, Decided
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Overview: Where defendant did not pursue exclusive remedy of expedited appeal for seeking review of trial court's denial of peremptory challenge, defendant waived any claim that the trial court erred.
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| Goodman v. Fairbanks N. Star Borough Sch. Dist., Supreme Court No. S-9521, No. 5508,
SUPREME COURT OF ALASKA, December 7, 2001, Decided
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Overview: It was error to grant summary judgment because there was a genuine fact dispute as to whether the teacher knew or should have known that the school district refused to accommodate him prior to February 18, 1996.
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| Helgason v. Merriman, Supreme Court No. S-9665, No. 5510,
SUPREME COURT OF ALASKA, December 7, 2001, Decided
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Overview: Removal of personal representative was unwarranted, as heirs were unable to produce evidence creating "real issue" whether or not there was substantial conflict of interest, and where they were merely unhappy with their mother's choice.
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| Matanuska Elec. Ass'n Inc. v. Rewire the Bd., Supreme Court No. S-9506, No. 5511,
SUPREME COURT OF ALASKA, December 7, 2001, Decided
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Overview: Recall petition was not invalid just because it contained insufficient grounds. Members of electrical cooperative were public interest litigants entitled to full attorney's fees, even if some members had economic interest in suit's outcome.
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| State v. Cofey, Court of Appeals No. A-7752, No. 1775,
COURT OF APPEALS OF ALASKA, December 7, 2001, Decided
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Overview: A defendant receiving a reduced presumptive term was not eligible for discretionary parole under the parole board regulations, and the trial court had no power to grant parole eligibility when imposing a mitigated presumptive term.
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| Wongittilin v. State, Supreme Court No. S-9251, No. 5509,
SUPREME COURT OF ALASKA, December 7, 2001, Decided
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Overview: Neither state police nor city owed reckless driving victim a duty to arrest the driver on an existing warrant; statutory immunity applied, and no special relationship existed to otherwise impose a duty to protect against a third party.
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