Judge Ralph Beistline has approved the parties’ stipulated protective order in an FMLA case. The parties categorized sensitive information as either “Confidential Information” or “‘Attorneys’ Eyes Only’ Information,” though the significance of one category over the other is not clear, since the treatment of the information seems similar if not identical.
Judicial aproval of a stipulated protective order is not […]
Tim Dooley and Peter Partnow’s materials presented at the April 9th Employment Law Section meeting, entitled EMPLOYMENT LITIGATION IN ALASKA: FEDERAL COURT OR STATE COURT? WHAT’S A LITIGATOR TO DO?, are available here.
A Westours bus driver has lost the various wage issues that remained on remand after the Supreme Court’s earlier decision in Hallam v. Holland Am. Line, Inc., 27 P.3d 751 (Alaska 2001).
Law of the case: The Court (per C. J. Fabe) first held that Judge Michael Thompson was not obligated to follow Judge Larry Weeks’ […]
Daniel Mahoney sued several police officers for violating his constitutional rights through use of excessive force, assault and battery, false arrest, and false imprisonment, all arising from his wife’s 911 call reporting domestic violence. Mahoney relied on 42 USC § 1983. Judge Timothy Burgess has granted part of the defendants’ motion for partial summary judgment based on qualified […]
Duty to confer typically requires face-to-face meeting
In an excessive force case, Judge John Sedwick has resolved a number of discovery issues that commonly arise in civil litigation, including employment cases.
Defendant’s discovery obligations: Sedwick granted the plaintiff’s motion to discover information about defendant’s insurance policies; other complaints, internal investigation reports, and lawsuits against the officer for excessive force; and training […]
Civil practice tips: This morning’s opinion in Bradley v. Klaes, Op. No. 6242 (Alaska Mar. 28, 2008), contains two reminders about obvious but commonly-seen slips by civil practitioners:
On summary judgment motions, the movant must afffirmatively prove the absence of a factual dispute on any material fact, even if the opponent will not contest the fact. The opponent’s […]
In the false arrest case previously discussed, Judge John Sedwick has rejected the Municipality of Anchorage’s motion for reconsideration, supported by new affidavits from police officers. Under 9th Cricuit law, reconsideration is appropriate if the district court (1) is presented with newly discovered evidence, (2) committed clear error or the intial decision was manifestly unjust, or […]
E-discovery in Alaska state courts: Friday, Feb. 29th, is the deadline for comments on the proposed changes to Alaska Rules of Civil Procedure 16, 26, 33-34, 37, and 45, concerning electronic discovery. According to the Rules Clerk, the changes mostly conform the state rules to the Federal Rules.
Posting OAH Decisions: Chief Judge Terry Thurbon of the state […]
In a commercial lease matter, Judge Sedwick has relied, in part, on the Joint Statement of Issues to prevent a party from advancing an argument it hadn’t reserved in the Joint Statement - here, the enforceability under state (Georgia) law of a contractual provision about attorney fees.
OFC Capital v. AT Publishing, Inc., 2007 WL 4557806 (D.Alaska Dec. 20, […]
Reconsideration motions are due within five days “after entry” of the order. Local Rule 59.1(b)(1). Entry occurs when the clerk “serves” the written order (or the clerk’s minutes, if there is no written order) by entering it into the ECF system. LR 59.1(b)(3). Because LR 5.3(f)(2) equates electronic filing with service by first class mail, and because F.R.Civ.P. 55(b)(2)(D) and […]
