Alaska Employment Law

Collateral estoppel: U. S. District Judge Ralph Beistline has held that state court rulings on personal jurisdiction and on Rule 19 indispensable joinder are binding in subsequent federal litigation (presumably diversity-based).  Limani v. First American Title, 2009 WL 3834006 (D.Alaska Nov. 16, 2009).  Kevin Anderson of Anchorage represents plaintiffs.  Paul Hoffman and Robert Blasco of Juneau, and Daniel O’Phelan of Anchorage, represent the defendants.  

Indictment surplusage:  In a 95-count indictment of a doctor for unlawful distribution of a controlled substance and healthcare fraud, U. S. Magistrate Judge John Roberts has struck language about administrative action taken against the doctor’s licenses by New Mexico and Alaska medical boards.  U. S. v. Gerlay, 2009 WL 3872143 (D.Alaska Nov. 17, 2009)  Roberts found that the struck language was not relevant to the charges and was inflammatory and prejudicial. 

Conditions of pretrial confinement:  Magistrate Roberts has held that, in a criminal case, a pretrial detainee may challenge only jail conditions that “materially affect[] his ability to confer with his own counsel and participate in trial preparation.”   Challenges to other aspects of his confinement, Roberts said, ”are properly addressed through administrative remedies within the [Alaska] Department of Corrections or in a civil action under 42 U.S.C. § 1983.”  U. S. v. Wade, 2009 WL 3837151 (D.Alaska Nov. 13, 2009)