Alaska Employment Law

U. S. District Judge John Sedwick has issued three opinions on various civil practice issues.

Evidence:  In Porter v. Osborn, 2009 WL 5068632 (D.Alaska Dec. 17, 2009), a civil rights case (shooting of motorist by State Trooper) on remand from the 9th Circuit, Sedwick 1) held that parties who stipulate to extend discovery implicitly agree to extend the period for in limine motions; 2) addressed several in limine motions on character and habit evidence (mostly deferring such in favor of resolution “on an ad hoc basis during a trial on the merits”); and 3) approved an extension of the “community caretaking doctrine” beyond the vehicle impoundment context.

Removal and diversity jurisdiction:  In Kahle v. JLG Industries, Inc., 2009 WL 5068630 (D.Alaska Dec. 17, 2009), and Kahle v. Novagold Resources, Inc., 2009 WL 5068631 (D.Alaska Dec. 17, 2009),  two separately-filed wrongful death actions removed from Nome Superior Court, Sedwick denied the plaintiff’s motion to remand, holding that 1) the decedent’s citizenship is imputed to his legal representative; 2) any uncertainty over the citizenship of the decedent (here, Alaska or Wisconsin) is irrelevant when the defendant (a Pennsylvania corporation) is a citizen of neither possible state; and 3) prospective co-defendants’ consent to removal is unnecessary.