Lifetime Drivers License Suspension Upheld for Killing Cyclist

Drivers License Suspension
Mountain Biking in Anchorage Alaska Rocks.

In May 2005 an intoxicated Eugene Bottcher drove his vehicle off the road, hitting a boy and narrowly missing the boy’s brother. The boy who had been hit later  died at the hospital from his injuries. After Bottcher hit the boy, he continued to drive, and when stopped by a passerby who had witnessed the accident, Bottcher tried to bribe him into not reporting the crime.

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Bike to Work Anchorage 2013

May 17, 2013Anchorage Bike to Work

Anchorage Bike to Work Day is a local celebration of the national event initiated in 1956 by the League of American Bicyclists. Each May, the event provides a stimulus to get bodies and bicycles in shape for a season of riding. Teams are organized among coworkers and other social groups for education and mutual support. Team registration has quadrupled since 2007; more than 3,800 cyclists were counted at key intersections in May of 2012.

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Business Succession Planning for Contingent Fees

Business succession planning for contingent fees is important. The fight between your family and your former partners can be avoided. The example in the case below should motivate you to employ estate planning ideas in your partnership agreement.  Alternatively, a buy sell agreement funded by insurance could have helped.    It could have saved a lot of time and attorneys fees at the end.


Supreme Court No. S-14060 Superior Court No. 3KN-04-00052 PR OPINION No. 6779 – May 3, 2013


On March 24, 1989, the oil tanker EXXON VALDEZ ran aground on Bligh Reef in Prince William Sound, spilling 11 million gallons of crude oil. Litigation followed — in what became known as the Exxon Valdez Oil Spill (EVOS) Litigation, over 50 law firms and 30,000 plaintiffs appeared before the United States District Court for the District of Alaska.
Several years later, compensatory damages were calculated at $507.5 million and punitive damages at $2.5 billion. Continue reading “Business Succession Planning for Contingent Fees”

Alaska Attorney Fees in Workmen’s Compensation Cases

Alaska Attorney Fees in Workmen's Compensation Cases
Ice Biking the Turnagain Arm, Anchorage, Alaska

Lawrence Trudell v. Brent and Debra Hibbert, (Alaska, 2013).  


In a case of first impression, the Alaska Supreme Court addressed the award of attorney fees against project owners.  Normally, worker’s compensation cases are brought as administrative matters.  However, the administrative board has no jurisdiction to foreclose the lien afforded to worker’s compensation claimants that bring claims against a project owner.  Accordingly the employee elected to bring his action before the Superior Court and was the prevailing party.

  1. Employees seeking attorneys fees in workmen’s compensation cases can recover full actual fees if they are the prevailing party, whether they are appealing an adverse board decision or bring an action directly to the Superior Court.
  2. Employees risk paying their adversaries attorney fees only if they are not the prevailing party; and, their asserted positions were “frivolous, unreasonable, or brought in bad faith.”

Property Line Disputes


Property Line Disputes
The subject Property in Dispute

Property Line Disputes


The Kaylors live in the north parcel, 4500 E 135th.  The McCarrey’s live in the south parcel, 4530 E 136th.  Between them lies a strip of land that looks like a road.  The parties agree that the strip of land is owned by the McCarreys; but, they don’t agree as to whether the McCarrey’s can exclude the Kaylor’s from their own property.

The Kaylors like to store their Alaska toys at the back of their lot so they don’t have to see their own collection of used vehicles.  Instead, they’d like to leave them in full view of the MCCarrey’s front windows and drive way.  The McCarrey’s proposed fencing the area and installing a gate to reduce the Kaylor’s access and to encourage them to store their stuff somewhere else.  The Kaylors sued to prevent the fence.

The trial court granted the injunction.  The Alaska Supreme court overruled this holding and remanded the matter back to the trial court for additional findings.  Specifically, the land grant that created the interest provided for a public right of way.  However, the parties had not addressed any evidence to the issue of whether the public right of way grant had been accepted by any governmental agency.  If it turns out that the grant was accepted as a public right of way the Kaylors can keep piling stuff up in the McCarrey’s front view.



Buy-Sell Provisions in LLC Operating Agreements

Buy-Sell Agreements
Alaska Business Attorney

Closely held businesses with more than a single owner should have buy-sell provisions that address what happens on the death or disablility of an owner.  These agreeements can also address proposed exit strategies, dispute resolution, managment structure, noncompete agreements, antidilution provisions and valuation methods.  The meat of the agreement tends to be the right or obligation to buy or sell an owners interest. Continue reading “Buy-Sell Provisions in LLC Operating Agreements”