Friday, November 9th, 2007

Legal Miscellanea

Ethics Opinions, other Supreme Court Opinions
Review of Arbitration Award for Fraud and Partiality:  In an Uninsured Motorist case reviewed under the state Arbitration Act, the Supreme Court (per C. J. Fabe) unanimously affirmed the trial court (Wolverton), and held a) the driver (pro se) had failed to show “affirmative wrongdoing” by State Farm and thus […]

Friday, November 9th, 2007

Alaska Supreme Court: Jeffery and Nolan Must Vacate Their Seats

The Supreme Court has ordered Barrow Superior Court Judge Michael Jeffery and Anchorage District Court Judge Nancy Nolan to vacate their seats within 90 days, due to their failure to file timely notices re retention.

Friday, November 9th, 2007

Municipal Immunity in Alaska for Actions of Employees in 911 Response Situations

I.  The Statutory Framework for 911 Immunity
AS 09.65.070.   Suits against incorporated units of local government
(a) Except as provided in this section, an action may be maintained against a municipality in its corporate character and within the scope of its authority.
. . .
(c) An action may not be maintained against an employee or member of a […]

Friday, November 9th, 2007

DAlaska: Denial of Kott’s Motion for Acquittal

Judge Sedwick’s 13-page Order and Opinion denying Peter Kott’s acquittal motion is found at U. S. v. Kott, 3:07-cr-00056-JWS (D.Alaska Nov. 8, 2007)(Docket # 285).  Among the grounds used by Kott was legislative immunity.   Kott apparently cited no case authority for that proposition, and Sedwick quickly disposed of the issue.