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good faith covenant
Alaska Legal Miscellanea
ELS Materials: All the materials to be discussed at Wednesday’s Employment Law Section meeting may be found here. The issues are 1) disqualification of defense counsel who had acted as internal investigator; and 2) availability of a cause of action for public policy/retaliation when the ad...
Alaska Supreme Court: Exhaustion of Internal Remedies
In an unpublished memorandum decision, the Alaska Supreme Court reversed Anchorage Superior Court Judge William Morse, and held that a State employee had, in fact, exhausted her grievance remedies under the APEA union contract. The Court remanded the implied covenant claim to Morse for a d...
Alaska Employment Law Section: Are Alaska Department Heads Really At-Will Employees?
Are there are any limits on an Alaskan Governor’s right to fire a Commissioner of one of the executive departments? The Employment Law Section of the Alaska Bar Association discussed this issue on Wednesday, November 5th. Article 3, § 25 of the Alaska Constitution (”Department Heads”) p...
DAlaska: Beistline Awards Fees in Fred Meyer Case
After the federal jury awarded $200,00 in damages against Fred Meyer on Myrna Johnson’s claim of breach of the covenant of good faith, Judge Beistline denied Fred Meyer’s motion for judgment as a matter of law, and then awarded $48,352 in prejudgment interest, attorney fees of $28,135,...
Legal Miscellanea
Post-deadline amendment of pleading: In an FMLA lawsuit, Judge Ralph Beistline has denied the employee-plaintiff’s motion to add claims of breach of the implied covenant. Beistline applied Civil Rule 16(b)(4) rather than Civil Rule 15(a) because the employee filed the motion after the p...