Alaska Employment Law

Fault apportionment:  U. S. District Judge Robert Bryan, sitting in the District of Alaska on an FTCA case that applied Alaska law of apportionment under AS 09.17.080, has held that a defendant needn’t open an estate for a deceased third party to whom it wishes to apportion fault.  Dietzmann v. United States, 2010 WL 682528 (D.Alaska Feb. 22, 2010)

Miller Act damages, pre-trial ruling on attorney fees:  District Judge John Sedwick has held 1) the availability of post-trial attorney fees is not an evidentiary issue that falls within the “known, difficult evidentiary matter” exception to the pre-trial order’s deadline for motions; and 2) under the Miller Act, the sub-contractor can’t recover its lost profits, but can recover its out-of-pocket costs caused by delay, “which might include ’stand-by time.’”  Stulken v. First National Ins. Co. of Am., 2010 WL 625583 (D.Alaska Feb. 16, 2010)

Other:  Judge Sedwick (or Westlaw) has published a number of his cases under the Individuals with Disabilities Education Act (”IDEA”).  Matanuska-Susitna Bor. Sch. Dist., 2010 WL 679437 (D.Alaska Feb. 24, 2010);  Anch. Sch. Dist. v. D.K., 20-09 WL 5908720 (D.Alaska Oct. 30, 2009); Anch. Sch. Dist. v. D.S., 2009 WL 5908718 (D.Alaska Sept. 22, 2009); Anch. Sch. Dist. v. D.S., 2009 WL 5903264 (D.Alaska July 24, 2009).  In the Mat-Su case, Sedwick gave “particular deference” to Hearing Officer/attorney Andrew Lebo’s “thorough and careful” 68-page final decision, issued after a 15-day hearing.