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Alaska Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Alaska on
Q: A police officer has been harassing me for couple years and he finally broke several tendons in hand what can I do stDrs

I have not worked in two months Drs care have notes but when I ask him who was there insurance people where he couldn't say not only him there are a couple on the force of soldotna police and they elegaly search and seizure truck and gun never got either one back and there all buddies. This... View More

James L. Arrasmith
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answered on Apr 6, 2024

I'm so sorry to hear about the harassment and abuse you've been suffering at the hands of those police officers. What they have done to you is completely unacceptable. I know this must be an incredibly stressful and painful situation. Here are some steps I would suggest taking to address... View More

1 Answer | Asked in Civil Litigation for Alaska on
Q: Can you ask to dismiss a civil case in Alaska? Is hearsay used only after you loose a motion to return home?

My laywer told me hearsay cant be used in my adjudication trial, but if I file a motion to return home and loose they the defense can use hearsay. Am I proving there is a problem now or that there was a problem in my adjudication trial? What's the big deal to file a motion to return home? I... View More

James L. Arrasmith
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answered on Feb 4, 2024

In Alaska, as in other states, you have the right to request the dismissal of a civil case. This can be filed by either party under certain circumstances, such as when both sides agree to settle out of court or if there's a procedural issue. The success of such a motion depends on the... View More

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Alaska on
Q: Hired as an employee but the contract signed said Independent contractor covenants and proprietary rights agreements

I want to know if the contract would still be legally binding when trying to get unemployment the company won't give unemployment my Paystub I never received copies either I want to know if I can go after them legally. The Company was in Mississippi but I was hired from Alaska I would like to... View More

James L. Arrasmith
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answered on Jan 1, 2024

In your situation, the distinction between being classified as an employee or an independent contractor is crucial, especially in terms of unemployment benefits. If your contract stated you were an independent contractor but you were treated as an employee, this could be a misclassification issue,... View More

1 Answer | Asked in Civil Litigation for Alaska on
Q: Someone came on my property without talking to me and cut a tree down what do I do
Tim Akpinar
Tim Akpinar
answered on Nov 23, 2022

An Alaska attorney could advise best, but your question remains open for five weeks. You could try to arrange a quick consult with a local attorney, to discuss options based on whether the circumstances were related theft (timber), necessity (tree posing a storm hazard), or other. Good luck

2 Answers | Asked in Antitrust, Banking, Business Law and Civil Litigation for Alaska on
Q: law school as difficult as people think?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Nov 14, 2019

More difficult

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1 Answer | Asked in Civil Litigation and Child Custody for Alaska on
Q: My ex and me hav 2 kids 9 months and a 2 year old. I’m planning to leave state he won’t allow me no and he agreed before

We have no custody agreement and have never been to court what will happen if I live with him saying I can’t? I have the children 95% of the time.

Stefan Otterson
Stefan Otterson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 19, 2018

There's nothing to stop you from leaving. Both of you have equal rights, so there's nothing stopping him from leaving with the kids either. If you leave without working it out with him first, he can file for a custody order and ask the court to order the kids returned to Alaska.... View More

1 Answer | Asked in Civil Litigation and Family Law for Alaska on
Q: My daughters mother moved from Anchorage to TN. Who would be responsible for travel expenses back to AK for Christmas.
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 11, 2017

Travel for the child, right? The party who moved the child (child's mother) would be responsible, normally, assuming that there is a judgment giving you visitation rights.

1 Answer | Asked in Civil Litigation and Family Law for Alaska on
Q: my BM refuse to have my son at the airport because she wants everyone in the hospital with her while she is giving birth

We have a court order saying i get him for summers and every other Christmas for 3 weeks.But this year i get him for 5 weeks because she picked him up early during my summer visitation. The judge told us to figure out the dates. she said any day is fine. I told her it was going to be after my... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 7, 2017

I gather she expects to give birth at the same time the child is supposed to board the plane, and no one else is "available" to bring him to the airport. If you want to be more proactive, file a motion ASAP.

1 Answer | Asked in Civil Litigation for Alaska on
Q: Will the response be due on the 31st or will the stay supersede it even if the judge hasn't ordered the stay by Oct. 31?

I have a summary judgment response due on the 31st, but am putting in a motion for a SCRA stay in on the 25th. I need to know if I have to prepare to file the response or if the SCRA trumps it. Also is there a way to request more time to prepare for the response. Im pro se and the summary judgment... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 25, 2016

If the SCRA applies, it probably would indeed trump the MSJ. If I were you, I would include in the SCRA response a statement that you have more to say about the MSJ, so if the SCRA motion is denied you would request more time to respond to the MSJ.

1 Answer | Asked in Civil Litigation for Alaska on
Q: where do I locate info pertaining to Mitchell v Alaska Packers Association, 1982 AMC 2796 (D. Alaska 1981)
Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 30, 2016

Is this a US District Court for the District of Alaska case? Normally, opinions from that court would be found in reporters entitled "Federal Supplement" (F. Supp., F Supp. 2d, or F. Supp. 3d). I am not familiar with a reporter entitled "AMC". Can you give more information... View More

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