Senior Assistant Attorney General Michael Barnhill, in his October 29th Memorandum for the State of Alaska Department of Law, opines:
1) conviction of 18 U.S.C. § 1001 is “a felony involving moral turpitude” under AS 15.05.030(a); and
2) a return of a guilty verdict is probably not a “conviction” that would bar Senator Stevens from voting under AS 15.05.030(a).
Barnhill concludes:
According, […]
The Alaska Supreme Court (per Fabe, C. J.) this Friday morning unanimously reversed Anchorage Superior Court Judge Sharon Gleason in a Title 18 case. The Supreme Court’s opinion narrows the circumstances under which a Human Rights Commission’s agency decision will preclude an independent lawsuit, and expands the circumstances under which equitable tolling will preserve an employee’s claim. […]
New York Times on Valley Hospital abortion litigation: Today’s NYT carries an article on the battle over abortions at the Valley Hospital in Palmer, which led to the Alaska Supreme Court’s opinion in Valley Hosp. Ass’n v. Mat-Su Coalition for Choice, 948 P.2d 963 (Alaska 1997). In that case, the Supreme Court (per Compton) unanimously affirmed […]
Anchorage resident Frank Gwartney has asked Attorney General Talis Colberg to investigate Gov. Sarah Palin’s receipt of State reimbursement for her children’s travel. The complaint under the state Ethics Act (here) alleges a violation of AS 39.52.120 (”Misuse of official position”). Gwartney also argues that changing official documents after receipt of a Public Records Act request is […]
The next meeting of the Employment Law Section of the Alaska Bar Association will feature a panel discussing the various employment law issues presented by Troopergate.
Some possible topics:
1) Does ex-Commissioner Monegan have any possible claim for wrongful termination? (Are there some high-level employees who don’t even have a breach of covenant claim?)
2) Does Trooper Wooten […]
In the lawsuit against Teck Cominco that unsuccessfully challenged the employment preference for NANA shareholders, U. S. District Judge Ralph Beistline has awarded only nominal attorney fees ($2,500) to Teck Cominco, and denied any fees to intervenor NANA. The suit was brought under both state law (Human Rights Act and contract law), as well as federal […]
Cliff Groh compares Brendan Sullivan and the federal prosecutors, from his seat in Washington, D.C., writing for the Alaska Dispatch. The Dispatch also has Don Mitchell’s account of Ted Stevens’ arrival in Alaska, excerpted from his book Take My Land, Take My Life. And the attorneys at The Volokh Conspiracy discuss whether Stevens can vote […]
Holland on Section 1981: A 9th Circuit panel has reviewed several rulings issued by U. S. District Judge Judge Russel Holland (sitting in the District of Arizona) on employment claims asserted under 42 USC § 1981. The panel held, first, that Holland erred in not applying the four-year statute of limitations provided by 28 USC § 1658, where, as here, the § […]
I am not, as a general rule, a fan of historical novels, but I recently finished The Indian Clerk, by David Leavitt, and I am almost done with The Given Day, Dennis Lehane’s new novel. What these books have in common is that they are full of real historical characters doing imagined things.
In The Indian […]
When I went to cast an early ballot this Thursday afternoon, at the downtown Fairbanks elections office that covers all Interior districts, I found 15 people lined up to vote in the three (already occupied) voting booths. A state worker said the line had been that long since the polls opened Monday morning, and that she’d […]
The 9th Circuit has affirmed dismissal of an employer’s § 301 claim against the Teamsters International, and compelled arbitration of the employer’s § 301 claim against California Teamsters Local 287. The unanimous panel included District Judge John Sedwick from Alaska.
The panel held that § 301 does not authorize a claim of tortious interference with contract against a union […]
Sedwick on Social Security Disability: U. S. District Judge John Sedwick has affirmed an ALJ’s denial of disability benefits, based on independent findings of malingering and (using clear and convincing evidence) of unreliable testimony. Bass v. Astrue, 2008 WL 4600772 (D.Alaska Oct. 15, 2008). Paul Eaglin of Fairbanks represented the claimant; Nancy Mishalanie of the Seattle […]
On October 16th, an Anchorage jury returned a verdict of [correction] almost $500,000 for a former Alaska Airlines employee who claimed that the carrier wrongfully terminated her after one of its employees falsely reported she intended to shoot fellow employees. The jury awarded $180,000 in past damages and $300,000 in future damages, and allocated 85 % of […]
An Anchorage jury has returned a defense verdict in a case in which an employee sued her employer as both an employer and landlord.
Marilyn Coppe worked for Dr. Michael Bleicher. She sued him for retaliatory discharge (OSHA) and for injuries from both sick-building syndrome and failure to train in proper procedures for handing medical products. In pre-trial motions, Judge […]
The 9th Circuit (per Raymond Fisher) has held that U. S. District Judge John Sedwick used the incorrect legal standard of culpability to apply to “a police officer who kills a suspect in the course of investigating a suspicious car parked alongside an Alaska highway, under circumstances that suggest the officer may have helped to create an […]
The Anchorage Daily News reports that the State currently charges $73.87/hr. for technician time to search and review e-mails subject to a request under the Alaska Public Records Act. The cost may go down to $60/hr. soon. The State sometimes waives fees for requests for less than 200 pages.
Patricia Cornwell, Book of the Dead - This is Cornwell’s 15th book in the Kay Scarpetta series, which, I am sorry to say, has steadily declined in quality. Scarpetta books used to be really good. But now I say: please give it a rest, Patricia. Kill Scarpetta. Do something, please, to put us out of […]
The Alaska Supreme Court has unanimously affirmed the PERS Board’s method of calculating benefits for State employees who took early retirement before 1977, returned to public work, and then re-retired. The Court (per Winfree, with Matthews not participating) rejected the retirees’ (apparently self-styled) right to “pick and choose” among statutory provisions to obtain the best combination […]
In a Social Security case, U. S. District Judge John Sedwick has awarded fees to a recipient’s attorney under the Equal Access to Justice Act at the rate of $166.46/hr. The Commissioner didn’t oppose the motion. Sedwick held that a parallel fee request under the Social Security Act itself was premature because the agency hasn’t […]
Red Robin and corporate officer Fred Rosenberg have agreed to pay $57,763.88 in FLSA overtime compensation to five individuals, in an action brought by the Seattle office of the U. S. Department of Labor.
Chao v. Red Robin Alaska, Inc., 3:08-CV-00017-JWS (D.Alaska Oct. 15, 2008, Consent Judgment)
Jay Williamson of the Seattle DOL office represented the Secretary. William […]
After the federal jury awarded $200,00 in damages against Fred Meyer on Myrna Johnson’s claim of breach of the covenant of good faith, Judge Beistline denied Fred Meyer’s motion for judgment as a matter of law, and then awarded $48,352 in prejudgment interest, attorney fees of $28,135, and costs.
Post-trial Order; Fees Order
A School District “safety specialist” wrote a letter to the District Administrator, complaining that the District’s policies tied his hands on weapons and drug issues. He wrote the letter from home, on his own time, and on his own initiative. Whether his job required such a letter was disputed. The District later consolidated his job with several others, […]
Alaska Statute 39.25.160(f) bars action affecting the employment status of a classified Alaska state employee on the basis of “a reason not related to merit.” Anchorage attorney Don Mitchell argues, in an article at The Alaska Dispatch, that Palin violated that statute in allowing (or encouraging) subordinates to pressure then-Public Safety Commissioner Walt Monehan to fire […]
Family Centered Services of Alaska operates “therapeutic youth homes” in Fairbanks for children with various problems. Two former live-in ”family parents” at the homes have sued in federal district court for overtime compensation. The facility disputes the ex-employees’ reliance on FLSA “enterprise coverage” under 29 USC § 207(2)(A).
That section provides FLSA coverage for “an institution primarily engaged […]
If you are of a certain age, or if you ever listen to oldies stations (or both), you know the work of The Byrds, who blasted into popular culture in 1965 with their ringing cover version of Dylan’s “Mr. Tambourine Man,” notably featuring Jim (now Roger - it’s the same guy) McGuinn on the 12-string […]
New Alaskan blawger: Anchorage lawyer Cliff Groh writes at Alaska Political Corruption. He’s currently covering the Stevens trial, in-person from D.C.
Troopergate: The Alaska Supreme Court’s Order in Keller v. French is here.
Alaska’s version of the federal Freedom of Information Act is the Public Records Act, found at Alaska Statutes 40.25.
Since Republicans picked Gov. Palin as their nominee for Vice President, the Governor’s office has been flooded with requests for state documents about Palin, coming from the media and regular citizens. Mothers Jones magazine has gone meta, and filed a Public […]
In a Memorandum Decision issued today, the Alaska Supreme Court affirmed Anchorage Superior Court Judge Sen Tan’s judgment that a worker was an independent contractor rather than an employee, and not entitled to recover anything as an IC.
On the classification question, the Court held:
The superior court concluded that there was no employment relationship between Tex Doellefeld […]
Legislative subpoenas and Troopergate: In a controversy with some similarities to Troopergate, the D. C. Circuit today stayed an appeal over the enforcement of congressional subpoenas directed to Executive Branch officials, in order to obtain the views of the new Congress. Congressional subpoenas apparently expire with the term of the Congress that issues them. Jonathan Adler at The Volokh Conspiracy […]
Alaska Native voters failed to convince U. S. District Judge Timothy Burgess that the City of Bethel will likely violate the 1965 Voting Rights Act in the upcoming (October 7th) municipal election. Despite finding that the balance of hardship tips in favor of the voters, Burgess found that the voters’ evidence failed to “clearly favor” the […]
Omar Stratman’s long battle to prevent Woody Island from obtaining ANCSA benefits is over. The 9th Circuit has affirmed Judge Singleton.
Judge Wallace Tashima writes:
In 1976, Omar Stratman began his quest to challenge the Secretary of the Interior’s (the “Secretary”) certification of Woody Island as a native village under the Alaska Native Claims Settlement Act (“ANCSA”). Thirty-two […]
The 9th Circuit has affirmed U. S. District Judge Timothy Burgess’s refusal to declare Alaska’s primary election laws unconstitutional. This case is among the last that was argued before the August 2008 panel in Anchorage.
Judge Raymond Fisher, for the uananimous panel, summarized:
Alaska requires political parties to nominate candidates for the state’s general election ballot in […]
Superior Court Judge Peter Michalski’s Order dismissing the consolidated lawsuits to enjoin the Legislative Council’s investigation is here. The two Anchorage suits were brought by Republican legislators, and by subpoenaed state employees.
A Fairbanks lawsuit remains. In that suit, Peter Maassen, representing Special Counsel Stephen Blanchflower, moved on September 29th to dismiss the Complaint.
H/T: Anchorage Daily News
Update: The […]
Jerome Juday posts on limitation of liability clauses in commercial contracts, at Alaska Law Blog.
Peggy Roston discusses Post-Separation Child Support at Alaska Divorce Law.
Richard Vollertsen posts on drugmaker disclosures of paymetns to doctors at Alaska Injury Law Blog.
And Alicia Porter posts on the inheritability of copyrights, at her law office blog.
Only six attorneys filed for the vacancy created by Justice Matthews’ retirement: two Superior Court judges (Morgan Christen and Eric Smith), one administrative law judge (David Lawrence), and three practicing attorneys (Ken Jacobus, Kenneth Kirk, and Frank Pfiffner).
At today’s monthly meeting of the Employment Law Section of the Alaska Bar Association, Tom Daniel, Rob Schmidt, and Will Schendel will discuss recent employment law developments, including the ADA amendments, the proposed Employee Free Choice Act, USERRA case law, and shareholder hiring preferences in ANCSA corporations.
Here’s one of the papers: Some Recent Developments. And here’s […]
Dancers at two Anchorage clubs have sued for unpaid overtime and improper tip-sharing. They asked U. S. District Judge Timothy Burgess to certify an opt-out class asserting rights under the Alaska Wage and Hour Act, and to recognize an opt-in collective action under the Fair Labor Standards Act.
Burgess first rejected the employers’ contentions that the two claims presented an […]
