Monday, May 19th, 2008

DAlaska: Rule 15(a) Standards

Judge Timothy Burgess’ Order in a Voting Rights Act case illustrates the liberality that federal judges accord timely Rule 15(a) motions to amend.  Burgess granted plaintiffs permission to add new plaintiffs, and a new substantive claim.  (The new claim argues that the state must provide assistance and voting materials in the Yup’ik language.)
Nick v. Bethel, Alaska, 3:07-cv-00098-TMB (Order of […]

Monday, May 19th, 2008

Alaska Supreme Court: Will Review Mandatory Arbitration of AWHA Claim

The Alaska Supreme Court has granted an employee’s Petition for Review of an order compelling arbitration of a claim under the Alaska Wage and Hour Act.  Superior Court Judge John Suddock ordered arbitration.  The Supreme Court granted review on May 8th.
The case is Gibson v. Nye Frontier Ford, Inc., S-13064.
Ken Legacki represents the employee.  Jeff […]

Monday, May 19th, 2008

DAlaska: EAJA Attorney and Paralegal Fees

Judge John Sedwick has awarded a prevailing Social Security applicant EAJA fees for her attorneys at the maximum rate adjusted for Alaska-based inflation: $158.79/hr.  in 2006 and $161.84/hr. in 2007.  Sedwick also awarded $95/hr. for paralegal time.
The government contested only the number of hours.  Sedwick found for the claimant on that issue.
Onstead v. Astrue, 2008 WL 2065252 (D.Alaska May 13, 2008)
Allison Mendel and […]