Friday, June 5th, 2009...8:25 am
Alaska Supreme Court: Retroactive Amendment to AWHA Violates Takings and Contracts Clauses
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The Alaska Supreme Court this Friday morning held unanimously (via Chief Justice Fabe, Winfree not participating) that the 2005 Legislature’s attempt to make its 2003 exemption of pilots from the AWHA retroactive to 2000 violates the Takings and Contract clauses of the Alaska Constitution. The effect is to permit the stipulated $1.6m settlement of damages and fees - discussed here - to go through.
Hageland Aviation Services, Inv. v. Harms, Op. No. 6379, ___ P.3d ___ (Alaska June 5, 2009)
Tim Petumenos represents the certified class of employees; Tom Daniel represents the employer; Peter Maassen represents several individual defendants. All counsel practice in Anchorage.
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