Alaska Case Commentaries

Personal-Use Harvest Is Not “Commerce”: Evenhanded Conservation Closures Upheld Against Dormant Commerce Clause Challenge

Date: Nov 1, 2025

Personal-Use Harvest Is Not “Commerce”: Evenhanded Conservation Closures Upheld Against Dormant Commerce Clause Challenge Case: Cook Inlet Fisherman’s Fund v. Alaska Department of Fish & Game, Alaska...

Mere Situs Is Not “Use” Under Florida UM Coverage: Alaska Supreme Court (Mem. Op.) Affirms No Coverage for Fireworks Injury Launched From a Stationary, Uninsured Trailer

Date: Oct 24, 2025

Mere Situs Is Not “Use” Under Florida UM Coverage: Alaska Supreme Court (Mem. Op.) Affirms No Coverage for Fireworks Injury Launched From a Stationary, Uninsured Trailer Case: Walter M. Elrod and...

Immediate Means Immediate: Facility Refusals Count as State Capacity in Alaska’s Pre‑Evaluation Detention — In re Hospitalization of Tavis J. (Alaska 2025)

Date: Oct 18, 2025

Immediate Means Immediate: Facility Refusals Count as State Capacity in Alaska’s Pre‑Evaluation Detention — In re Hospitalization of Tavis J. (Alaska 2025) Introduction In In the Matter of the...

Forrer v. State of Alaska: Broad “Sustained Yield” Challenges Are Nonjusticiable; Plaintiffs Must Target Specific Agency Actions

Date: Oct 13, 2025

Forrer v. State of Alaska: Broad “Sustained Yield” Challenges Are Nonjusticiable; Plaintiffs Must Target Specific Agency Actions Introduction In Forrer v. State of Alaska (Alaska Supreme Court No....

Expedited APOC Hearings Are Not Final: Alaska Supreme Court Upholds Post‑Hearing Subpoenas and Rejects Res Judicata and Due Process Challenges

Date: Oct 13, 2025

Expedited APOC Hearings Are Not Final: Alaska Supreme Court Upholds Post‑Hearing Subpoenas and Rejects Res Judicata and Due Process Challenges Case: Republican Governors Association; A Stronger...

Enforcing Separation Agreements in Alaska: Capacity, Duress, and Unconscionability as Gatekeepers to Unequal Property Divisions

Date: Oct 10, 2025

Enforcing Separation Agreements in Alaska: Capacity, Duress, and Unconscionability as Gatekeepers to Unequal Property Divisions Case: Burton Haviland Jr. v. Kimberly Haviland Court: Supreme Court of...

Active Efforts Under ICWA During Pretrial Incarceration: Relative Placement and Tribal Engagement Can Satisfy the Standard

Date: Oct 10, 2025

Active Efforts Under ICWA During Pretrial Incarceration: Relative Placement and Tribal Engagement Can Satisfy the Standard Introduction In Enzo C. v. State, DFCS, OCS, the Alaska Supreme Court...

Reaffirming Hearing Requirements for Rule 11 Sanctions and Mandatory AS 25.20.115 Findings; Written Orders Control “Shared Physical Custody” Under Rule 90.3

Date: Oct 10, 2025

Reaffirming Hearing Requirements for Rule 11 Sanctions and Mandatory AS 25.20.115 Findings; Written Orders Control “Shared Physical Custody” Under Rule 90.3 Note: This is a memorandum opinion and...

Holistic “Active Efforts” Under ICWA and the Effect of Parental Disappearance: Roger S. v. State of Alaska (Memorandum Opinion, Oct. 8, 2025)

Date: Oct 10, 2025

Holistic “Active Efforts” Under ICWA and the Effect of Parental Disappearance: Roger S. v. State of Alaska (Memorandum Opinion, Oct. 8, 2025) Note on precedential status: This is a memorandum opinion...

Prejudgment Interest Must Be Netted Against Interim Distributions When a Marital Business Is Awarded as of the Separation Date

Date: Oct 10, 2025

Prejudgment Interest Must Be Netted Against Interim Distributions When a Marital Business Is Awarded as of the Separation Date Case: Ryan A. Johnston v. Tiffany G. Adkins f/k/a Tiffany G. Johnston;...

Consent Decree Dissolution Does Not Terminate Divestment Contracts: Alaska Supreme Court Clarifies Contract Survival and Permissive Intervention in ARTA Enforcement

Date: Oct 9, 2025

Consent Decree Dissolution Does Not Terminate Divestment Contracts: Alaska Supreme Court Clarifies Contract Survival and Permissive Intervention in ARTA Enforcement Court: Supreme Court of the State...

The “Probate Gap” and URLTA in Alaska: Reasonableness of Estate Mitigation, Non‑Willful Deposit Withholding, and Full Fee Recovery for Prevailing Landlords

Date: Oct 2, 2025

The “Probate Gap” and URLTA in Alaska: Reasonableness of Estate Mitigation, Non‑Willful Deposit Withholding, and Full Fee Recovery for Prevailing Landlords Court: Supreme Court of the State of Alaska...

Agencies May Repeal What They Can Enact: Alaska Supreme Court Affirms ADF&G Commissioner’s Implied and Delegated Authority Over Critical Habitat “Compatibility”

Date: Sep 27, 2025

Agencies May Repeal What They Can Enact: Alaska Supreme Court Affirms ADF&G Commissioner’s Implied and Delegated Authority Over Critical Habitat “Compatibility” Introduction In State of Alaska...

Alaska Supreme Court Clarifies ICWA: No “Active Efforts” Duty to Extended Family in Post-Removal Placement Requests

Date: Sep 27, 2025

ICWA’s “Active Efforts” Focus on Parents and Indian Custodians, Not Extended Family: Alaska Supreme Court’s Decision in Betsy F. v. State (No. 7789, Sept. 26, 2025) Introduction In a decision of...

Constructive Discharge in Alaska Whistleblower Cases Is an Objective, Position-Specific Inquiry (Nonprecedential Clarification)

Date: Sep 26, 2025

Constructive Discharge in Alaska Whistleblower Cases Is an Objective, Position-Specific Inquiry (Nonprecedential Clarification) Court: Supreme Court of the State of Alaska (Memorandum Opinion and...

Recent Compliance Is Not Enough: Alaska Supreme Court Affirms Termination Where Change Is Unproven Outside Structured Settings; “Reasonable Efforts” Do Not Require Early Neuropsychological Referral Absent Indicators

Date: Sep 26, 2025

Recent Compliance Is Not Enough: Alaska Supreme Court Affirms Termination Where Change Is Unproven Outside Structured Settings; “Reasonable Efforts” Do Not Require Early Neuropsychological Referral...

UTPA Administrative Subpoenas in Alaska: Probable Cause Not Required; Anonymous Tip With Corroboration Suffices To Support Attorney General’s Subpoena

Date: Sep 8, 2025

UTPA Administrative Subpoenas in Alaska: Probable Cause Not Required; Anonymous Tip With Corroboration Suffices To Support Attorney General’s Subpoena Case: Business Doe, LLC v. State of Alaska, No....

Failure-to-Remedy Findings Are Sufficient When the Basis Is Discernible from the Order as a Whole: Alaska Supreme Court Affirms Termination of Parental Rights

Date: Aug 31, 2025

Failure-to-Remedy Findings Are Sufficient When the Basis Is Discernible from the Order as a Whole Case: Alana M. (Mother) v. State of Alaska, Department of Family & Community Services, Office of...

No Custody Fee Award Without Explicit AS 25.20.115 Findings; Rule 77(j) Sanctions Run Against Counsel, Not Parties — Commentary on Wallace v. O’Hara (Alaska 2025)

Date: Aug 31, 2025

No Custody Fee Award Without Explicit AS 25.20.115 Findings; Rule 77(j) Sanctions Run Against Counsel, Not Parties Case: Amye Wallace v. John O’Hara, Supreme Court of the State of Alaska, No. S-19241...

No Due Process Violation from Extensive Representation Hearings; “Reasonable Efforts” Satisfied Despite Parental Noncooperation — Commentary on R.G. (Father) v. State of Alaska, DFCS/OCS

Date: Aug 31, 2025

No Due Process Violation from Extensive Representation Hearings; “Reasonable Efforts” Satisfied Despite Parental Noncooperation — Commentary on R.G. (Father) v. State of Alaska, DFCS/OCS Memorandum...