The Alaska Supreme Court issued 6 opinions this Friday morning (none of them employment-related). Each of the five Justices, including Justice Daniel Winfree, wrote one; Justice Matthews wrote 2. All of the opinions were unanimous. Winfree handled the opinion in Skinner v. Hagberg, a child custody matter. His first published opinion was Tessa M. v. State, […]
Issuance dates for Alaska Supreme Court opinions: In Alaska we’re used to seeing new Supreme Court opinions on most Friday mornings, and Supreme Court Memoranda Decisions on Wednesday mornings, but occasionally an opinion appears on a day other than Friday. Why? Because the Court is under a time restriction that won’t permit a delay until the next Friday, often (maybe […]
Magistrate Judge John Roberts today issued an amended Recommendation, again urging District Court Judge John Sedwick to order the Army to issue an honorable discharge to paratrooper Michael Barnes.
The Interior Department’s 368-page declaration that the polar bear is a threatened species is found here.
U. S. Magistrate Judge John Roberts’ Recommendation in the case of the Fort Richardson paratrooper seeking CO status may be found here. The recommendation (favorable to the soldier) goes to Judge John Sedwick. The case is Barnes v. Geren, 3:08-cv-0015-JWS-JDR (D.Alaska).
Note, however: Today’s docket sheet states:
The initial recommendation in the above entitled case (Docket No. […]
If you are old enough to remember pulp fiction — I don’t mean the movie, I mean the drugstore literature — then the Hard Case Crime series will appeal to you. These are “hard boiled” books, some of them reprints of old crime novels, some of them newly written, that would make Dashiell Hammett proud, […]
Judge Frank Easterbrook, from the 7th Circuit, relies on empircal studies and writes about how to determine credibility:
The belief that many people form from watching television and movies—that this can be done by careful attention to a witness’s demeanor—has been tested and rejected by social scientists. Looking for mannerisms, hesitations, and perspiration is the method […]
The Senate yesterday defeated the bill to overturn the ruling in Ledbetter v. Goodyear Tire (2007), by failing to invoke cloture. Senators Obama and Clinton voted Yea on cloture; Senators Stevens and Murkowski voted Nay on cloture. Senator McCain did not vote, but expressed his disapproval of the underlying bill.
Kohring recusal: Judge Sedwick’s recent order rejecting Victor Kohring’s motions for new trial and for recusal has been published at 2008 WL 1746700.
Opinion on rehearing in AirLog v. Throop: The Alaska Supreme Court recently rejected plaintiffs’ motion for rehearing, and somewhat modified the opinion issued last December. Lee Holen will do an analysis of the modified opinion. (Disclosure: […]
Much to my dismay, our illustrious blog administrator is traveling in Poland at the moment, and he left me in charge of the site. I have not and could never live up to Will Schendel’s amazing blogging, and I am looking forward to his return, particulary since I just went through an office move while […]
Brady v. Office of the Sergeant at Arms, US House, cited below, can be found here.
Tuesday, April 22, is Equal Pay Day, the day in a year that marks the point at which a woman’s average wages catch up to that earned by a man the previous year. On average, a woman earns 77 cents for every dollar a man earns (63 cents for African American women and 52 cents […]
With a bipartisan group of more than 40 co-sponsors and support growing around the country, the National Employment Lawyers Association, a national bar association for attorneys representing employees, is hoping that the Senate will take up the Fair Pay Restoration Act, S. 1843, this month - possibly as early as next week. The Fair Pay […]
The Ninth Circuit recently ruled on a defamation claim brought by SDV/ACCI, Inc., and its owner officers against AT&T and one of its employees, Margaret Roman. AT&T often failed to pay its bills to the plaintiff company, which provided consulting services to AT&T. The plaintiff owners complained to AT&T through Defendant Roman, who reminded the plaintiffs that […]
The United States House of Representatives Sergeant at Arms demoted Standley Brady, a supervisor, after it concluded he grabbed his crotch in front of three employees. Brady sued under Titile VII, claiming he was demoted because of his race. The District Court granted summary judgment for the Sergeant at Arms on two grounds: (1) that […]
The cite to Blackberry Humor is here. H/T Dave Fleming, The Word on Employment Law blog.
For the next two weeks, Lee Holen, plaintiff’s attorney extraordinaire, will be in charge of this site. If you wish to contribute a post on an employment-related topic, Alaska civil practice, or any of the other topics you occasionally see here, contact Lee at the address you see by clicking on her link in the […]
Property law in Victorian literature: Ilya Somin’s post on fee tails in Austen novels brought up great comments on similar issues in works by Trollope, Hardy, etc. Apropos of absolutely nothing except the connection with English novels, I recommend Anthony Powell’s A Dance to the Music of Time, a 12-volume roman fleuve. […]
The 9th Circuit has affirmed Judge Ralph Beistline in this case involving an Alaska prisoner.
In this post-remand appeal, we affirm the judgment of the district court that, under the unique and specific facts of this case and assuming the availability of the evidence in question, Osborne has a limited due process right of access to […]
The state’s Office of Administrative Hearings, which handles adjudications for the Human Rights Commission as well as many other state agencies, has again failed to meet its promises to post its decisions on-line. See this earlier coverage. Those promises, from Chief Administrative Judge Terry Thurbon, go back to February of 2007. The alternative seems to be a legislative mandate.
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 […]
Marijuana: The Alaska Supreme Court heard oral arguments in the marijuana/home privacy case, in Juneau, on March 20th. The audio and video are available at Gavel to Gavel. G2G will broadcast the arguments on April 6th at 7:50 pm. The Alaska ACLU is represented by staff counsel Jason Brandeis and two national ACLU attorneys. Allen Clendaniel of […]
Don’t exchange e-mails with your client via the client’s work computer. Chances are good that neither the attorney-client nor the work product privilege applies, if the employer has a modern employee computer use policy. See Scott v. Beth Israel Med. Ctr. Ltd.
H/T: California Wage and Hour Law Blog
Kohring recusal: Here is Kohring’s reply on his post-verdict motion to recuse Judge John Sedwick.
Habeas corpus: The 9th Circuit has affirmed Judge Timothy Burgess’ denial, as untimely, of a habeas corpus petition filed by multiple murderer Loren Larson. Larson claimed pre-deliberation juror misconduct, and relied on juror affidavits. Larson v. Turnbull, 2008 WL _______ (9th Cir. […]
U. S. Supreme Court: pro-business?: In Sunday’s NYT Magazine , Jeffrey Rosen argues that the U. S. Supreme Court is pro-business. Ilya Somin, at The Volokh Conspiracy, argues that the Court is, at best, mildly pro-market, and accords property rights second-class and economic liberties third-class status.
Oral argument in gun case : This morning’s oral argument in District […]
The plaintiff Personal Representative claimed that a village police officer had caused the death of the decedent by using excessive force - a bear hug and a “take down.” The police officer claimed qualified immunity, presumably under AS 09.65.070. Judge Michael Jeffery entered summary judgment for the officer. On appeal, the State of Alaska filed […]
Today’s Wall Street Journal (03/12/08 A-3) carries an article about “dubious information” in files of mortgage lender Countrywide Financial Corp., and illustrates the issue by reference to a criminal prosecution in Alaska. The case is U. S. v. Kourosh Partow, 3:06-cr-00104-HRH. Partow pleaded guilty, and Judge Holland, on August 24, 2007, sentenced the former lending company […]
For more about the 48 Hours (CBS) segment on the Mechele Linehan case, attorneys Pat Gullufsen and Kevin Fitzgerald, et al., go here.
Have trouble sometimes remembering the eighth and ninth U. S. Supreme Court justices? Try “Three Kinky Southern Girls Bring Rock Star Scandals Aplenty.” From Exploring Constitutional Law.
The mnemonic for the planets (from the Sun out) is “My Very Educated Mother Just Served Us Nine Pizzas.”
The American Prospect carries an article by Simon Lazarus and Harper Jean Tobin on Justice Scalia’s “war” on employee rights.
H/T: How Appealing
Coverage of the trial of the State’s lawsuit against Lilly, in front of Judge Mark Rindner, may be found in today’s New York Times and the Associated Press, as well as the Daily News.
A federally-subsidized housing authority has no duty to reasonably accommodate a tenant’s medical marijuana use. Furthermore, the panel held,
[b]ecause the Plaintiffs’ eviction is substantiated by Assenberg’s illegal drug use, we need not address his claim that his snakes qualify as “service animals” or whether [the housing authority] offered a resonable accommodation.
Assenberg v. Anacortes Housing Authority, […]
The seven-page Factual Basis for Plea sets out just that. It is signed by James Clark and his attorney, Bruce Gagnon. The local AUSAs are Joseph Bottini and James Goeke.
U. S. v. Clark, 3:08-cr-0023-JWS (D.Alaska Mar. 3, 2008)
Judge Ralph Beistline has held that the City of Seward violated the Clean Water Act by failing to apply for a National Pollution Discharge Elimination System permit concerning discharge of storm water into its harbor. In the course of reaching that conclusion, Beistline rejected standing challenges to plaintiffs Resurrection Bay Conservation Alliance and Alaska Community Action […]
The state Labor Department has issued a revised WHPL # 143, on the service of Cease and Desist Orders for employees (such as plumbers or electricians) lacking a required Certificate of Fitness.
The Department has also corrected the dating for WHPL # 204, concerning Title 36 hourly and fringe benefit rates. See earlier AEL analysis.
Lyle Denniston at SCOTUSblog listened, and says:
If the Supreme Court voted immediately in the huge oil spill case heard on Wednesday, and voted the sentiments the Justices expressed throughout 90 minutes of oral argument, this might well be the outcome: Exxon Mobil Corp. and its shipping subsidiary may well have to pay some punitive damages, but […]
Oral argument is tomorrow morning. The amicus brief of the Alaska Federation of Natives, RurAL CAP, the North Slope Borough, etc., authored by Carol Daniel, David Case, and others, is here.
All briefs by parties and amici may be found at the SCOTUSblog wiki.
Frivolous litigation
HB 349 (Chenault), if passed, would amend Civil Rule 82(b) and Appellate Rule 408(e) [and codify both] to authorize fee awards against attorneys and parties who defend, as well as prosecute “frivolous litigation,” including cross-appeals as well as appeals. The bill is in Judiciary Committee.
SB 226 (Judiciary Committee) is a more ambitious bill, and apparently one […]
Gov. Sarah Palin has appointed Paul Lyle from the Fairbanks AG’s office to replace Niesje Steinkruger on the Superior Court for the Fourth Judicial District.
Lyle’s biographical statement reads:
Paul Lyle has lived in Fairbanks for 27 years. He graduated in 1975 from Temple University with a B.B.A. (magna cum laude) and received his J.D. from Temple University […]
Attorneys for Doyon, Limited, the ANCSA corporation for the Interior, have issued a cease and desist letter to the group “Friends of Doyon” in connection with proxy solicitations for upcoming Board of Director elections. The letter, signed by Lisa Osman of Dorsey & Whitney’s Denver office, argues that the group has infringed Doyon’s common law and registered trademarks […]
Court denies State’s request to argue
From SCOTUSBlog:
The Supreme Court on Friday agreed to expand the time allowed for oral argument in Exxon Shipping Co. v. Baker (07-219), scheduled for Wednesday, Feb. 27. That is the only case scheduled to be heard that day. In an order Friday, the Court allotted 45 minutes to each side […]
Thirteen attorneys have applied to fill the position to be vacated by David Stewart. The applicants are Joel Bolger, Susan Carney, Ken Diemer, James Fayette, Patrick Gullufsen, Kevin McCoy, Douglas Moody, Colleen Moore, Wayne Anthony Ross, Jack Smith, Rick Svobodny, Timothy Terrell, and Mark Wood. Their biographies may be found at the website of the Judicial Council.
FMLA regulations on military families: US DOL has published 470 pages of proposed regs and commentary on FMLA leave for employees with military members and other subjects. The comment period expires April 11th. See Connecticut Employment Law Blog for links to the regs and to blogger summaries of the regs.
Alaska National Guard pay: HB 326 would amend […]
Attorney Jack McGee of Juneau has filed a brief in support of individual 2d Amendment rights in the District of Columbia case in front of the U. S. Supreme Court. McGee’s clients are the Alaska Outdoor Council, Alaska Fish and Wildlife Conservation Fund, Sitka Sportsman’s Association, Juneau Rifle and Pistol Club, Juneau Gun Club, and Alaska […]
Mitchell v. Teck Cominco Alaska, Inc., S-12530, argued Jan. 14, 2008
Mitchell asserts [his firing] by his employer was racially motivated. The trial court found that Mitchell committed sexual harassment, although Mitchell claims he only requested a mutual acquaintance for an introduction to the woman.
Trial judge: Erlich
Counsel: Ken Legacki; Sean Halloran
Alford v. State, Dept. of […]
Stevens-Murkowski-Young brief in Exxon appeal
In the Alaska Delegation’s amicus brief to the U. S. Supreme Court in support of the Exxon Valdez plaintiff class, this citation appears (fn. 2 on p. 8):
For an extended historical discussion of the relationship between maritime and common law, see generally Theodore F. Stevens, Erie R.R. v. Tompkins and the Uniform General […]
Judge Russel Holland has “decline[d]” Judge Sedwick’s request to resolve Victor Kohring’s recusal motion, holding that Sedwick must resolve it himself. Holland distinguished between recusal motions based on 28 USC § 144 (where a different judge must resolve challenges based on “personal bias or prejudice”) and challenges based on 28 USC § 455 (where the sitting judge […]
The State’s lawsuit against the former actuary for its pension plans was removed to federal court on January 7th. It’s assigned to Judge John Sedwick.
The State’s Retirement Management Board is represented by Paul Weiss from New York; Michael Lessmeier of Juneau’s Lessmeier & Winters, and Michael Barnhill from the Juneau AG’s office are the Board’s local counsel. Mercer […]
Court-awarded back pay for VA probationary employees: The 9th Circuit has held that a probationary Veterans Administration employee (here, a VA radiologist) may not rely on either the Administrative Procedures Act or the Back Pay Act to obtain judicially-awarded damages for termination in violation of VA procedures. As to the APA, first, it doesn’t authorize […]
Kleinfeld on the liberty to drink beer while watching football
Marcus Betts was the “inside man” at the TransUnion credit reporting agency; he took bribes to help people improve their poor credit scores. He pleaded guilty to conspiracy, but then challenged several conditions of supervised release, including restrictions on any employment where he would handle an employer’s […]
The Judicial Council has sent Gov. Sarah Palin four names for the 4th Judicial District seat vacated by Niesje Steinkruger: Beth Harbison (4.0), Jane Kauvar (3.9), Paul Lyle (3.6), and Michael McConahy (4.1). The nominees had the top four overall scores from the Bar poll (shown in parentheses).
A novel by Michael Chabon
As Chassidic Jews living in Sitka, Alaska, my family and I occupy what one could call, a narrow demographic. No focus group here. You can imagine our entertainment at learning of Michael Chabon’s book, The Yiddish Policemen’s Union. No longer are we called Mushugenneh Yidden in Yenemsville; now we enjoy the […]
The 9th Circuit has affirmed judgment in favor of a college that allegedly made recruiting-related incentive payments to employees in violation of the Higher Education Act.
The Court held:
Relators have not pled with sufficient particularity any facts indicating that the periodic salary adjustments violated the Higher Education Act or its associated regulations. The Act does not […]
The 9th Circuit has affirmed Judge Beistline’s refusal to stop work on the Rock Creek Mine Project outside of Nome. The plaintiffs argued that the Corp of Engineers had failed to comply with NEPA and Section 404 of the Clean Water Act before issuing a permit to the Alaska Gold Company.
Judge Gould wrote the opinion for […]
Judge Ralph Beistline has ruled in the government’s favor in the dispute with Polar Star Alaska Housing Corporation over the termination of the long-term lease of 300 units on Eielson Air Force Base.
Beistline ruled that
* the Ground Lease expires January 2008 rather than January 2007;
* the Court, rather than a Land Commission under FRCivP 71.1(h), will […]
Court of Appeals reverses Burgess’ summary judgment for vessel owners
The 9th Circuit has reversed Judge Timothy Burgess’ summary judgment for the owners of the cargo vessel, Baranof Trader. Joseph Abruska had been injured performing longshore work on the Baranof Trader, apparently falling through the guard rails. Abruska recovered from his employer under the LHWCA, and then […]
Court reverses Beistline, holds Army to private, not municipal liability standard
Carol Bolt claimed that the Army failed to use due care to remove snow from her apartment complex on Ft. Wainwright, causing her injury. Judge Ralph Beistline granted summary judgment in the government’s favor.
On appeal, the 9th Circuit reversed in part:
The district court held that the discretionary function exception […]
Johnny Most, a lesson in tolerance, and the old, old Boston Garden
With the resurgence of the Boston Celtics, basketball is actually kind of fun again. I had lunch today with a fellow from my office, mid-30s, who arrived at the doorstep of his teenage years just as the Larry Bird era had peaked and […]
9th Circuit: Alex Kozinski became Chief Judge today.
Alaska Supreme Court: Dan Winfree will be privately sworn in January 4th, and publicly sworn in on February 11th or 12th, in Fairbanks. His chambers will be in Fairbanks. The Court System will ask the Legislature for a supplemental appropriation to finish the Rabinowitz Courthouse, in part, to […]
In an average week, one or two opinions from the District of Alaska appear on Westlaw. Westlaw’s selection criteria are a bit of a mystery.
Today, for instance, Westlaw published Judge Sedwick’s Order From Chambers in U. S. v. Spencer, 2007 WL 4166230 (D.Alaska Nov. 20, 2007), in which he rejected a pro se criminal defendant’s motion to […]
Yesterday’s PBS/NOW program on the VECO scandal, Oil, Politics & Bribes, may be found here.
The final text of the 25 % tax act is here.
Planned Parenthood rehearing: The State filed its petition for rehearing on November 13th. The Court System’s website says that PP’s Opposition is due November 30th. (Go to Motions/Orders, then click on item 32.)
Bong Hits 4 Jesus: The ex-Juneau student has appealed to the 9th Circuit from Judge Sedwick’s final judgment. Frederick’s issues on appeal are:
1) Did the District […]
Sedwick affirms DOL penalty against setnetters employing 13-year old
Two setnetters challenged a U. S. Department of Labor finding that they had illegally employed a minor for two seasons (when he was 13 and 14) in their fishing operations. Judge John Sedwick has affirmed the ALJ’s decision, which imposed a penalty of $11,700 against the employers.
Sedwick […]
Gov. Palin selects Dan Winfree to fill Bryner-Rabinowitz seat
Dan Winfree is the 19th Justice of the Alaska Supreme Court. His Biographical Statement to the Judicial Council is as follows:
I’m a third-generation Fairbanksan, born in Territorial Alaska, raised by the Golden Rule and the Code of the North, and encouraged to make a difference.
In 1981, I […]
A profile of the Fairbanks federal judiciary - including Judge Ralph Beistline and Magistrate Judge Terry Hall - appeared in the June 2007 issue of The Third Branch, the publication of the Federal Courts.
H/T: P. Eaglin
Judge Timothy Burgess has ruled against most claims asserted against the Municipality of Anchorage by Fantasies on 5th Avenue, including Equal Protection (both state and federal) and 1st Amendment (vagueness and overbreadth).
The award for attorney creativity goes to the club’s claim that the 4-foot “buffer zone” between a nude dancer and a patron (aka the ”No Touch” rule) violates the Takings […]
The House of Representatives has passed the Attorney-Client Privilege Protection Act of 2007. It bars federal employees from pressuring an “organization or personal affiliated with an organization” to waive the attorney-client privilege or work product privilege.
The bill (HR 3013) provides:
In any Federal investigation or criminal or civil enforcement matter, an agent or attorney of the United […]
An Alaskan appellate judge has written in to correct, and update the information I gave in Tuesday’s post.
According to that judge:
The most recent published Court of Appeals decision in which a superior court judge participated as a pro tempore member of the court was Cooper v. District Court, 133 P.3d 692 (Alaska App. 2006). (Elaine […]
Practice of designating visiting judges expired in mid-1980’s; former Clerk Robert Bacon provides background
[Ed. Note: See post of 11/15/07 for important corrections and updates to this article.]
For the first 25 years of the Alaska Supreme Court, it was common for a Superior Court judge to temporarily sit on the court to fill a vacancy caused by […]
[Mr. Hanley is on remote assignment. He will return next weekend.]
The Supreme Court has ordered Barrow Superior Court Judge Michael Jeffery and Anchorage District Court Judge Nancy Nolan to vacate their seats within 90 days, due to their failure to file timely notices re retention.
Judge Sedwick’s 13-page Order and Opinion denying Peter Kott’s acquittal motion is found at U. S. v. Kott, 3:07-cr-00056-JWS (D.Alaska Nov. 8, 2007)(Docket # 285). Among the grounds used by Kott was legislative immunity. Kott apparently cited no case authority for that proposition, and Sedwick quickly disposed of the issue.
Sedwick: No evidence that Sen. Dyson was FBI agent
Judge Sedwick has denied Victor Kohring’s motion to dismiss the indictment on grounds that the FBI used Senator Fred Dyson to interfere with Kohring’s Sixth Amendment rights. Sedwick ruled that the motion was untimely (6 weeks after the pre-trial motion deadline) and lacked merit.
Sedwick found no evidence that […]
Today the U. S. Supreme Court announced it will review the $2.5 billion punitive damages award from the 9th Circuit. The Court’s order reads:
The petition for a writ of certiorari is granted limited to
Questions 1, 2, and 3(1) presented by the petition. Justice
Alito took no part in the consideration or decision of this
petition.
Law.com reports:
Significantly, the […]
Sitka: Gov. Palin has appointed David George to the Superior Court seat vacated by Larry Zervos. Mr. George’s biographical statement is here.
Fairbanks: The overall ratings for the candidates for this Superior Court seat to be vacated by Niesje Steinkruger on Nov. 2nd are out today. They are:
Michael McConahy 4.1
Beth Harbison 4.0
Jane Kauvar 3.9
Paul Lyle 3.6
Poke Haffner 3.5
Zane Wilson 3.5
Lori […]
Text lays out insufficient funding and negligent monitoring
BP Exploration (Alaska), Inc. has agreed to plead guilty to one count of violating the Clean Water Act with regard to a 200,000-gallon spill on the State land on the East side of Prudhoe Bay in March of 2006.
The text of the 30-page Plea Agreement is here, here, and here. Here is the State letter accepting the […]
Since the mid-1990’s, the success rate of plaintiffs who bring employment lawsuits has steadily increased. [Fn] [National] jury verdict statistics shows that in 1994, only fifty percent (50%) of plaintiffs were successful at trial. By contrast, sixty-four percent (64%) of plaintiffs who went to trial in 2006 were successful on their claims. In fact, between […]
Stevens and Murkowski differ
The DOL Office of Labor Management Standards enforces the Labor-Management Reporting and Disclosure Act of 1959 (aka the Landrum-Griffin Act), which lays out, in five titles, the rights of union members vis-a-vis their own union - the right to speak freely, to be disciplined only under fair procedures, to obtain financial information, etc.
The […]
The 9th Circuit has re-iterated its rule about unresolved state law issues, as follows:
when (1) a federal court is required to apply state law, and (2) there is no relevant precedent from the state’s highest court, but (3) there is relevant precedent from the state’s intermediate appellate court, the federal court must follow the state […]
Judge Sedwick finds no inflammatory publicity, and notes lessened public interest in local news
Judge John Sedwick has denied Victor Kohring’s motion to transfer his criminal trial to the Western District of Washington. U. S. v. Kohring, 2007 WL 2949528 (D.Alaska Oct. 9, 2007).
Sedwick closely analyzes multiple newspaper and on-line reports concerning the Kohring and the VECO […]
This Wednesday afternoon the Alaska Judicial Council sent up four names for the vacancy created by retiring Supreme Court Justice Alex Bryner:
Joel Bolger (Kodiak Superior Court Judge);
Morgan Christen (Anchorage Superior Court Judge);
Andy Harrington (ALSC Ex. Dir.); and
Dan Winfree (Fairbanks Memorial Hospital Foundation Ex. Dir.).
Proposed DOL regulations: Monday, October the 8th, is the deadline for comments on the proposed changes to DOL regulations about overtime exemptions, child labor, and return transportation.
Fairbanks as sanctuary city: Sunday’s Fairbanks Daily News-Miner (B-1) covers an Ohio website that lists Fairbanks as a “Sanctuary City” - one that has an official or unofficial city policy of protecting illegal aliens. […]
Governor Sarah Palin has tasked an Executive Branch Working Group with presenting recommendations by November 1st on the recruitment and retention of Executive Branch employees, especially professionals. According to her Administrative Order 237, turnover is up, many vacancies attract fewer than five qualified applicants, and a sizeable fraction of current employees will soon reach retirement […]
Fairbanks: Drugs & property: John Collette’s continuing battle to recover property associated with a marijuana-growing enterprise may have a chance. Collette studied law while serving 8 1/2 years. Representing himself, he recently convinced the 9th Circuit that the DEA had failed to give him adequate notice before seizing some of his property, according to the Court of Appeals’ September 6th unpublished opinion.
Juneau: […]
Eight of the 14 remaining applicants for the Alaska Supreme Court vacancy had “Overall Ratings” of 4.0 or higher. The ratings ranged from 2.8 to 4.4. The summary table may be reviewed here. The entire Judicial Council Report is here. Two applicants recently withdrew from the process - Alfred Clayton and Robert John.
Serial Alaska Bar Association lecturer Erwin Chemerinsky has a chance to make some employment law. One week after hiring him, the University of California Irvine has fired Chemerinsky as the Dean of its Law School (to open summer of 2008). Chemerinsky says the school fired him because the administration found his political views too controversial. No word yet regarding […]
A TSA probationary “security screener,” employed under a statute that bars him from any administrative remedies, may still sue in District Court to obtain equitable relief for violation of his constitutional rights, though Congress could eliminate even that limited right it if expressed itself clearly. So held the 9th Circuit in AFGE Local 1 v. […]
AG Tallis Colberg has recently issued opinions on the following issues:
Grounds for recall of school board members: A recall petition against members of the Chatham regional School Board adequately relied upon the following grounds: failure to require school administrators to have Type B teacher certificates; failure to implement system to evaluate teachers and administrators; violation of the Open […]
The rank of Alaska lawyer bloggers (”blawgers”) is small.
Stevens Wells, who publishes under the name Alaskablawg, seems to have been the first Alaskan lawyer blogger. He started blogging in October of 2004. Wells has been a PD in Dillingham and an OPA attorney. He’s now in private practice in Anchorage. He blogs about “Law and Life […]
The Alaska franchisee of Avis sued its parent (Cendant), after the parent bought the Budget chain and, through Budget, competed with Alaska Avis (Rent-a-Car). U. S. District Court Judge Timothy Burgess has now resolved most claims in favor of Cendant, via summary judgment. In the process, Burgess addressed a variety of legal issues that sometimes arise […]
In U. S. v. Thomas Anderson, No. 03:06-cv-00099 JWS (D. Alaska), the government accuses Anderson of several felonies in a bribery scheme involving Cornell Corrections. The prosecution sought to introduce third party comments that VECO (not a party to the alleged scheme) paid Anderson $2,500/month for doing nothing. Judge Sedwick’s order excluding such comments, on the basis that […]
In an unpublished (and non-employment) case, the Ninth Circuit today affirmed summary judgment by Judge Beistline, who had held that (1) State Farm had not breached the covenant of good faith and fair dealing when it refused to investigate a settlement offer, and that (2) the insured’s subsequent acceptance of a settlement offer had breached […]
U. S. Equal Employment Opportunity Chair Naomi Earp will speak at two programs in Anchorage on Monday, June 18, 2007. Ms. Earp will be the speaker at the Anchorage Chamber of Commerce “Make it Monday” forum on June 18, 2007 at Noon to talk about The Youth@Work Initiative. For more information, please go to the […]
In U. S. v. Curtin, 2007 WL 1500295 (9th Cir. May 24, 2007), the 9th Circuit, en banc, reversed a criminal conviction for Internet porn.
In a concurring opinion, Judge Kleinfeld stated:
I concur in the reversal of Curtin’s conviction. I agree with the majority that a trial judge must examine evidence in order to weigh its probative value against the […]
The 9th Circuit has denied the petition for rehearing en banc in the Exxon Valdez punitive damages case. Several judges (Kozinski and Bea) had urged the entire court to reject any punitive damages.
Update: Eugene Volokh says Supreme Court review should be “likely” and “appropriate,” relying on Judge Kozinski’s dissent aguing that maritime law bars any […]
The 25th Alaska Legislature, which adjourned Wednesday, took only minor action on employment-related topics during its first session. Only three bills, all awaiting transmittal to the Governor, may be of any interest.
HB 109 comprehensively revised the ethics rules for public employees. (More on this shortly.)
HB 205 specified the kinds of criminal conduct that permit the Real Estate […]
The Volokh Conspiracy discusses Chief Justice John Roberts’ comments Thursday evening (May 3rd) at the AkBA Bar Convention about possible reasons for the declining number of Supreme Court opinions.