Alaska Employment Law

U. S. District Court Rules: New rules apply to the District of Alaska, as of December 1st.  Significant changes to the civil rules include: (1) adding (e) to Local Rule 5.1, restricting the instances for filing documents under seal; (2) adding Local Rule 7.1(f)(2) to require the motion caption to include the authority for the motion and the relief sought; and (3) adding Local Rule 7.1(k) to bar the consolidation of motions in a single document (except motions in the alternative).   The preliminary draft of the rules contains a summary of the changes.

USERRA jurisdiction: The employee in Townsend v. University of Alaska, 543 F.3d 478 (9th Cir. 2008), has filed a petition for certiorari.  The issue is whether federal courts have jurisdiction over USERRA claims filed against state employers.  The Ninth Circuit affirmed Judge Burgess’ holding that that state courts have exclusive jurisdiction over those claims.  (Disclosure: Mark Ashburn and I represent the University).

Alaskan blawgs: Jerome Juday has more on limitation of liability clauses and on tribal sovereignty, including a correction of my sloppy reading of his earlier post on sovereignty.

Social Security Disability:  The 9th Circuit has affirmed Judge Ralph Beistline’s ruling that Social Security Ruling 83-20 does not require a medical expert where the ALJ explicitly finds that the claimant has never been disabled.  Paul Eaglin of Fairbanks represented the applicant.   Terry Shea  of the Seattle regional office of the SSA represented the agency.  Sam v. Astrue, ___ F.3d. ___ (9th Cir. Dec. 15, 2008).