Appellate Practice

Appellate matters comprise a significant portion of the firm's case load. Jeff Feldman and Susan Orlansky have handled more than 325 appeals to the Alaska Supreme Court, the Alaska Court of Appeals, the United States Ninth Circuit Court of Appeals, and the United States Supreme Court. The firm's appellate resources recently were strengthened with the addition of former Alaska Supreme Court Justice Alexander O. Bryner. Appellate cases handled by the firm cover nearly every substantive area of law, civil and criminal, for both plaintiffs and defendants, institutions and individuals.

CASES CURRENTLY ON APPEAL

Elroy Chester v. Nathaniel Quarterman Director, Texas Department of Criminal Justice, Case No. 08-70023, Fifth Circuit Court of Appeals.  Appeal of denial petition for writ of habeas corpus to the Texas Court of Criminal Appeals filed on behalf of mentally retarded death row inmate seeking reversal of his sentence of execution.

Linehan v. State, Case No. 1230, Alaska Court of Appeals.  Counsel for defendant challenging first-degree murder conviction.

In re BP P.L.C. Derivative Litigation, Case No. S-12747, Alaska Supreme Court.  Counsel for BP in an interlocutory appeal of the trial court's denial of a motion to dismiss dervative litigation for lack of shareholder standing.

Exxon Mobil Corporation v. State of Alaska, Case No. 3AN-06-13751 CI, Alaska Superior Court.  Counsel for BP Exploration (Alaska) Inc. in connection with appeal of an order issued by the State of Alaska Department of Natural Resources terminating the Point Thompson Unit on Alaska's North Slope.

Anchorage Chrysler Center v. Daimler Chrysler, Case No.  S-12702, Alaska Supreme Court.  Counsel for manufacturer seeking affirmance of trial court decision on remand rejecting dealer's claims of breach of contract.

 

CASES DECIDED

Sean Parnell, Lt. Governor of Alaska v. Holman, et al., __P.3d __ (Alaska 2008).  Counsel for sponsors of a ballot initiative, defending a lower court decision that the initiative, which would impose heightened clean water standards on large scale mineral mining operations in Alaska, is constitutional.

Carr-Gottstein Foods, Co. and Safeway, Inc. v. Wasilla LLC, __ P.3d __ (Alaska 2008).  Counsel for commercial property owner in a matter involving enforcement of lease terms regulating use of shopping center premises.

State of Alaska v. Jeffery and Nolan, 170 P.3d 226 (Alaska 2007) .  Counsel for judge contesting decision by Alaska Division of Elections that she failed to qualify for inclusion on the judicial retention ballot for the general election.

State of Alaska v. Planned Parenthood of Alaska, 171 P.3d 577 (Alaska 2007). Counsel for Planned Parenthood in a constitutional challenge to Alaska's parental notification statute.

Elroy Chester v. State of Texas, __ U.S. __, 123 S.Ct. 337 (2007).  Petition for issuance of a writ of certiorari to the Texas Court of Criminal Appeals filed on behalf of death row inmate seeking reversal of his sentence of execution.

Murtagh v. State, 169 P.3d 602 (Alaska 2007).  Counsel for lawyers in appeal challenging statute restricting investigation of criminal cases.  This is a second appeal, following a trial court ruling declaring portions of the statute unconstitutional.

Ex Parte Chester, 2007 WL 602607 (Tex. Crim. App. Feb. 28, 2007).  Counsel for mentally retarded death row inmate seeking reversal of sentence of execution.  Case currently is on habeas corpus review by the Federal District Court for the Eastern District of Texas. 

Northwest Cruiseship Association of Alaska, Inc., et al. v. State of Alaska, 145 P.3d 573 (Alaska 2006).  Counsel for tourism industry associations challenging a ballot initiative that would impose new taxes and regulatory requirements on passenger cruise ships plying Alaska waters.

Robertson v. Phillips, M. O. & J. No. 1241 ( Alaska 2006).  Pro bono counsel for mother in the second Supreme Court appeal by the father of the trial court's custody decision.

Fortson v. Fortson, 131 P.3d 451, (Alaska 2006). Counsel for husband seeking modification of property division in divorce.

Anchorage Chrysler Center v. Daimler Chrysler, 129 P.3d 905 (Alaska 2006). Counsel for manufacturer seeking affirmance of trial court decision rejecting dealer's claims of breach of contract.

Western Star Trucks, Inc. v. Big Iron Equipment Service, Inc., 101 P.3d 1047 (Alaska 2005). Counsel for manufacturer challenging liability finding on unfair trade practices claim.

State of Alaska v. Trust the People Initiative Committee, 113 P.3d 613 (Alaska 2005). Counsel for three state legislators and a citizens group seeking reversal of Lieutenant Governor's decision removing initiative petition from general election ballot.

State of Alaska and BP Exploration (Alaska) Inc. v. Greenpeace, Inc., 96 P.3d 1056 (Alaska 2004).  Counsel for BP seeking affirmance of State agency decision to allow temporary water permit to take effect pending appeal.

Greenpeace, Inc. v. State of Alaska and BP Exploration (Alaska), Inc., 79 P.3d 591 (Alaska 2003).  Counsel for BP seeking affirmance of state agency issuance of consistency determination authorizing development of Northstar Oil Field.

Murtagh v. State, Case No. S-10240, Alaska Supreme Court. Counsel for lawyers challenging statute restricting investigation of criminal cases.

Turner v. Alaska Communications System, 70 P.3d 1096 (Alaska 2003). Counsel for communications company defending class action notice requirements advising class members of potential liability for fees and costs.

Central Bering Sea Fishermen's Association v. Anderson, 54 P.3d 27 (Alaska 2002). Counsel for association challenging award of punitive damages for wrongful termination.

L.L.H. v. S.C.H., M. O. & J. No. 1096 (Alaska 2002), Alaska Supreme Court. Counsel for parent seeking affirmance of award of sole custody.

Alakayak v. British Columbia Packers, Ltd., 48 P.3d 432 (Alaska 2002). Counsel for defendant seafood processor seeking affirmance of summary judgment ruling in anti-trust case.

Cook v. Rowland, 49 P.3d 262 (Alaska 2002). Counsel for indigent prisoner challenging default in wrongful death case.

Tru-Line Metal Products, Inc. v. U.S. Fabrication & Erection, 52 P.3d 150 (Alaska 2002). Counsel for construction company and lawyers challenging grant of summary judgment and imposition of sanctions.

In re 2001 Redistricting Cases, 44 P.3d 141 (Alaska 2002). Counsel for Alaska Native - Interest Intervenors seeking affirmance of statewide legislative redistricting plan.

Robertson v. Phillips, Mem. Op. No. 1074, Alaska Supreme Court. Counsel for parent seeking affirmance of award of sole custody.

Nickels v. Napolilli, 29 P.3d 242 (Alaska 2001). Counsel for plaintiff in appeal of denial of right of recovery against employer.

Perdue v. Planned Parenthood of Alaska, 28 P.3d 904 (Alaska 2001). Counsel for National Organization of Women Legal Defense and Education Fund, appearing as amicus curiae, arguing in support of trial court ruling striking restrictions on Medicaid funding of abortions as unconstitutional.

Robinson v. State Farm Mut. Auto Ins. Co., 45 P.3d 829 (Idaho 2002). Counsel for plaintiff seeking affirmance of $9 million award of punitive damages for bad faith conduct by insurer.

McKinley Capital Management, Inc. v. Serrato, Case No. S-9424, Alaska Supreme Court. Counsel for plaintiff seeking affirmance of order precluding arbitration of contract and tort claims (settled pending appeal).

Aetna Life Insurance Co. v. Fisher, Case No. S-09025, Alaska Supreme Court. Counsel for plaintiff seeking affirmance of $8 million award of punitive damages for bad faith conduct by insurer (settled pending decision on appeal).

Icicle Seafoods, Inc. v. Baker (In re The Exxon Valdez), 229 F.3d 790 (9th Cir. 2000). Counsel for seafood processors seeking allocation of $5 billion punitive damage award.

Fancyboy v. AVEC, 984 P.2d 1128 (Alaska 1999). Counsel for plaintiff seeking new trial on damages in wrongful death case.

State Farm Mutual Automobile Insurance Co. v. Bellott, Alaska Supreme Court. Counsel for plaintiff seeking affirmance of $150 million award of punitive damages (settled pending appeal).

IBEW v. Alaska Utility Construction, Inc., 976 P.2d 852 (Alaska 1999). Counsel for union seeking reversal of award of punitive damages.

Baxley v. State of Alaska and BP Exploration (Alaska), Inc., 958 P.2d 433 (Alaska 1998). Counsel for oil company defending constitutionality of oil lease statute.

Alaska Tae Woong Venture, Inc. v. Westward Seafoods, Inc., 963 P.2d 1055 (Alaska 1998). Counsel for fishing venture seeking reinstatement of jury verdict award of damages for lost profits.

Ace v. Aetna Life Insurance Co., 139 F.3d 1341 (9th Cir. 1998), cert. denied 525 U.S. 930 (1998). Counsel for plaintiff seeking reversal of trial court order setting aside $16 million punitive damage award for bad faith conduct by insurer.

Valley Hospital Association, Inc. v. Mat-Su Coalition for Choice, 948 P.2d 963 (Alaska 1997). Counsel for American College of Obstetricians and Gynecologists, appearing as amicus curiae, contesting constitutionality of hospital policy restricting abortion rights.

Smith v. State, 931 P.2d 633 (Alaska 1996). Counsel for members of a Native village seeking compensation for fluoride poisoning caused by a defective well.

Newell v. Sauser, 79 F.3d 115 (9th Cir. 1996). Counsel for inmate seeking affirmance of district court order denying qualified immunity to government.

United States v. Ketchikan Pulp Co., (9th Cir. 1995) [dismissed post-argument, pending decision on government's appeal]. Counsel for defendant seeking affirmance of district court decision suppressing evidence seized under authority of search warrant.

In re McNally, 901 P.2d 415 (Alaska 1995). Counsel for amicus curiae appearing on issue of propriety of imposing sanctions on District Attorney.

State v. Albert, 899 P.2d 103 (Alaska 1995). On special appointment by Alaska Supreme Court, counsel for class of indigent criminal defendants contesting order to pay for costs of public representation.

In re Mendel, 897 P.2d 68 (Alaska 1995). Counsel for attorney held in contempt for declining to answer questions at deposition concerning communications with client.

Chizmar v. Mackie, 896 P.2d 196 (Alaska 1995). Counsel for physician contesting liability for negligent infliction of emotional distress in the absence of physical harm.

United States v. Serrano, 985 F.2d 575 (9th Cir. 1993). Counsel for defendant contesting conviction for bank fraud.

Money v. Money, 853 P.2d 1158 (Alaska 1993). Counsel for defendant seeking affirmance of trial court valuation of business interest.

Homer Electric Association v. Towsley, 841 P.2d 1043 (Alaska 1993). Counsel for plaintiff seeking adoption of Restatement rule on legal duty of utility.

Dawson v. Dawson, Mem. Op. No. 598 (Alaska 1993). Counsel for defendant seeking affirmance of trial court valuation of professional practice.

Hogan v. Von Raab, Per Curium M.O.& J. (9th Cir. 1993). Counsel for plaintiff in national test case of the constitutionality of the U.S. Customs Service's "zero-tolerance policy."

Western Pioneer, Inc. v. Harbor Enterprises, Inc., 818 P.2d 654 (Alaska 1991). Counsel for plaintiff in contract case clarifying parole evidence rule in Alaska.

Echols v. State, 818 P.2d 691 (Alaska App. 1991). Counsel for defendant challenging conviction for failure to require proof of specific intent.

Kissick v. Jonsen, 816 P.2d 188 (Alaska 1991). Counsel for plaintiff seeking affirmance of summary judgment ruling in wrongful death action.

Wassillie v. AVEC, 816 P.2d 158 (Alaska 1991). Counsel for plaintiff seeking reversal of trial court grant of judgment as a matter of law.

Miles v. Miles, 816 P.2d 139 (Alaska 1991). Counsel for defendant seeking affirmance of trial court valuation of business interest.

Beagel v. State, 813 P.2d 699 (Alaska App. 1991). Counsel for defendant seeking reversal of homicide conviction.

LaVigne v. State, 813 P.2d 317 (Alaska 1991). Counsel for defendant challenging conviction for denial of right to testify.

Whiteaker v. State, 808 P.2d 370 (Alaska App. 1991). Counsel for defendant seeking dismissal of murder charge for violation of double jeopardy.

Renkel v. State, 807 P.2d 1087 (Alaska App. 1991). Counsel for defendant challenging statute permitting exclusion of public from courtroom during testimony of complaining witness.

Blume v. State, 797 P.2d 664 (Alaska App. 1990). Counsel for defendant challenging assault conviction for violation of right to be present during testimony by defendant's children.

Jackson v. State, 791 P.2d 1033 (Alaska App. 1990). Counsel for defendant challenging conviction on basis of Fourth Amendment violation.

Nelson v. State, 781 P.2d 994 (Alaska App. 1989). Counsel for defendant challenging conviction for failure to change venue due to pretrial publicity.

Richmond v. Richmond, 779 P.2d 1311 (Alaska 1989). Counsel for defendant in case defining valuation of professional practices in Alaska in divorce cases.

Velez v. State, 763 P.2d 1397 (Alaska 1988). Counsel for defendant challenging rape conviction for failure to grant severance.

Hertz v. State, 755 P.2d 406 (Alaska App. 1988). Counsel for Alaska Public Defender Agency, appearing as amicus curiae, on issue of right to counsel.

Yako v. U.S., 891 F.2d 738 (9th Cir. 1989). Counsel for plaintiff seeking affirmance of $5 million award in medical malpractice action.

Alaska Logging & Timber Corp. v. Koncor Forest Resource Management Co., Mem. Op. No. 436 (Alaska 1989). Counsel for defendant seeking affirmance of arbitration award.

Truesdell v. Halliburton Co., 754 P.2d 336 (Alaska 1988). Counsel for plaintiff seeking adoption of Restatement rule on legal duty.

Turner Construction Co. v. Scales, 753 P.2d 467 (Alaska 1988). Counsel for plaintiff challenging constitutionality of statute of repose favoring architects and engineers.

Farleigh v. Municipality of Anchorage, 738 P.2d 637 (Alaska 1986). Counsel for defendant challenging constitutionality of municipal prosecution.

Bousquet v. Bousquet, 731 P.2d 1311 (Alaska 1987). Counsel for defendant seeking affirmance of trial court valuation of business interest.

In re Buckalew, 731 P.2d 48 (Alaska 1986). Counsel for lawyer in appeal of order suspending license to practice.

Nitz v. State, 720 P.2d 55 (Alaska App. 1986). Counsel for defendant challenging sexual abuse conviction on ground of improper admission of impeachment evidence.

Contreras v. State, 718 P.2d 139 (Alaska 1986). Counsel for defendant challenging conviction based on hypnotically-adduced testimony.

Mekiana v. State, 707 P.2d 918 (Alaska App. 1985). Counsel for defendant in case establishing procedures governing setting aside of conviction following completion of probation.

Pooley v. State, 705 P.2d 1393 (Alaska App. 1985). Counsel for defendant challenging constitutionality of seizure of evidence.

Ostrosky v. State, 704 P.2d 786 (Alaska App. 1985). Counsel for defendant challenging conviction for failure to permit "mistake of law" defense.

Wahl v. State, 691 P.2d 1048 (Alaska App. 1984). Counsel for defendant seeking to withdraw guilty plea to charge of murder.

Keenan v. District Court, 690 P.2d 34 (Alaska App. 1984). Counsel for lawyer challenging trial court imposition of sanctions.

Arnold v. State, 685 P.2d 1361 (Alaska App. 1984). Counsel for defendant challenging homicide conviction based on ineffective assistance of counsel.

City and Borough of Juneau v. Quinto, 684 P.2d 137 (Alaska 1984). Counsel for Alaska Public Defender Agency, appearing as amicus curiae, challenging surreptitious tape-recording by police officers.

State v. Williams, 681 P.2d 313 (Alaska 1984). Counsel for Alaska Public Defender Agency, appearing as amicus curiae, on issue of constitutionality of speedy trial rule.

Hornaday v. Rowland, 674 P.2d 1333 (Alaska 1983). Counsel for presiding superior court judge in litigation challenging authority to transfer trial court judges within judicial district.

Chase v. Chase, 663 P.2d 944 (Alaska 1983). Counsel for defendant challenging divisibility of military retirement benefits upon divorce.

Nighswonger v. State, 663 P.2d 445 (Alaska App. 1983). Counsel for defendant challenging prosecution's cross-examination of a witness based on her prior assertion of Fifth Amendment privilege.

Reynolds v. State, 655 P.2d 1313 (Alaska App. 1983). Counsel for defendant challenging constitutionality of mens rea requirement in fishing offenses.

State v. Serdahely, 635 P.2d 1183 (Alaska 1981). Counsel for defendant challenging constitutionality of use and derivative use immunity.

In re K.M.L., 636 P.2d 574 (Alaska 1981). Counsel for juvenile in delinquency proceedings.

Plas v. State, 598 P.2d 966 (Alaska 1979). Counsel for plaintiff in constitutional challenge to state prostitution statute that proscribed only conduct by women.