Alaska Employment Law

In his Complaint, a plaintiff asserted four state court claims (under the Exemptions Act and the Unfair Trade Practices Act), but referred to a federal statute (here, the Fair Debt Collection Practices Act) in the body of the Complaint, and in the prayer for relief.   After removal, the plaintiff filed a motion to remand, re-iterating his claim that he relied solely on state law.

U S District Judge Ralph Beistline has denied the motion to remand.  Beistline held that the mid-Complaint reference to the FDCPA”is probably insufficient” to support federal question jurisdiction, but that the reference to the statute in the prayer supports federal court jurisdiction because the FDCPA provides a private remedy, which (Beistline says) the prayer inferentially seeks.

 Holmes v. Cornerstone Credit Services, Inc., 2010 WL 1874903 (D.Alaska May 6, 2010)

James Davis of ALSC represents the debtor-plaintiff. Chris Gronning of Bankston Gronning O’Hara, also of Anchorage, represents the creditor-defendant.