8 results for 'judge:"Pate"'.
J. Pate finds the Alaska Workers’ Compensation Board properly denied disability benefits to a pilot injured in a 1985 crash. The Appeals Commission correctly concluded that substantial evidence supported the Board’s decision. Affirmed.
Court: Alaska Supreme Court, Judge: Pate, Filed On: May 3, 2024, Case #: S-18526, Categories: Workers' Compensation
[Consolidated] J. Pate finds the superior court erred in approving confidential treatment of certain financial statements an oil company submitted to the Regulatory Commission of Alaska to decide whether an oil company seeking to operate Alaska’s largest pipeline had the financial capacity to do so consistent with the best interests of the public. The city “fulfilled the purposes of the exhaustion requirement by creating a factual record, allowing the RCA to exercise its expertise, and giving the agency the opportunity to correct its own errors without judicial involvement.” Reversed.
Court: Alaska Supreme Court, Judge: Pate, Filed On: May 3, 2024, Case #: S-18178, Categories: Public Record
J. Pate finds that the trial court erred by finding that a man was a child’s psychological parent but declining to consider his relationship with the child in its decision to award sole custody to the mother. The father presented evidence that he filled an important role in the child’s life and the court was required to consider that in determining whether the child would suffer a clear detriment if the court awarded sole custody to the mother.
Court: Alaska Supreme Court, Judge: Pate, Filed On: March 22, 2024, Case #: S-18700, Categories: Family Law
J. Pate finds the superior court properly determined that a landlord failed to maintain the premises in a habitable condition and willfully diminished the tenant’s essential services. The landlord’s “willfulness is clear because he housed employees in his garage after being denied his request to have additional residential units there.” Affirmed.
Court: Alaska Supreme Court, Judge: Pate, Filed On: February 23, 2024, Case #: S-18262, Categories: Landlord Tenant
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J. Pate finds the superior court erred in granting summary judgment for the owner of an automated teller machine (ATM) who sued an ATM processor for breach of contract and conversion. “There is a genuine issue of material fact with respect to the breach of contract claim.” Reversed.
Court: Alaska Supreme Court, Judge: Pate, Filed On: February 16, 2024, Case #: S-18276, Categories: Business Practices
J. Pate grants the suing driver motion to remand his vehicle collision claims back to the circuit court of Macon County, Alabama. The sued driver had this case removed alleging diversity jurisdiction, but has not met the burden of proof nor has he shown preponderance of evidence.
Court: USDC Middle District of Alabama, Judge: Pate, Filed On: February 2, 2024, Case #: 3:23cv654, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence, Jurisdiction
J. Pate finds the superior court properly dismissed a lawsuit because it failed to state a claim upon which relief may be granted for defendant, who was sentenced to 104 years in prison for kidnapping and murder. The “proper vehicle…would be an application for post-conviction relief.” Affirmed.
Court: Alaska Supreme Court, Judge: Pate, Filed On: November 17, 2023, Case #: S-18511, Categories: Murder, Sentencing, Kidnapping