Alaska Employment Law

Miller Act fees:  Judge John Sedwick has denied contractual attorney fees to the prevailing surety in a Miller Act case, because the surety wasn’t a party to the subcontract that provided the only possible basis for fees.  U. S. ex rel. Renegade Equipment v. Western Surety Co., 2009 WL 2143637 (D.Alaska July 15, 2009).  Grant Watts represented the subcontractor.  David Shoup represented the surety.  Both practice in Anchorage.

Res judicata from affirmed state agency decision:  The 9th Circuit has affirmed Judge Timothy Burgess’s dismissal of a Section 1983 complaint against a state employee.  Burgess relied on state court affirmance of an agency decision in a contract dispute between the plaintiff and the State.  Psenak v. Allely, 2009 WL 2012863 (9th Cir. July 6, 2009).  The plaintiff was pro se.  Janell Hafner, Juneau AAG, represented the State employee.

Negligent DP violation:  The 9th Circuit has affirmed Judge Sedwick’s dismissal of a Bivens claim that a federal official retaliated against a citizen in violation of his 1st Amendment rights.  Sedwick had held that (1) only intentional DP violations are compensable; and (2) the absence of a Civil Rule 37(a) certification justifies denial of a motion to compel.  Wayson v. Rundell, 2009 WL 2016049 (9th Cir. July 6, 2009).  The plaintiff was pro se.  Susan Lindquist, Anchorage AUSA, represented the official.