· 2/22/2013
Estate of Kim Ex Rel. Alexander v. Coxe
Citations
- 295 P.3d 380
- 2013 WL 655084
- 2013 Alas. LEXIS 18
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- indicating that there must be evidence of strong legislative intent to depart from the plain meaning of a statute, and “[e]ven if legislative history is ‘somewhat contrary’ to the plain meaning of a statute, plain meaning still controls” (citations omitted)
- “reading a general-negligence exception into the statute would make the negligence-per-se and negligent-entrustment exceptions a surplusage”
- remanding for further proceedings when trial court’s summary judgment ruling relied on argument first made at oral argument and other party had no opportunity to respond
- remanding for further proceedings when trial court's decision relied on new argument made at oral argument on summary judgment without the other party having an opportunity to respond
- following other courts in concluding that plaintiffs’ due process rights were not violated
- “The PLCAA does not compel Alaska’s legislature to enact any law, nor does it commandeer any branch of Alaska’s government.” (emphasis in original)
Source: CourtListener parenthetical corpus (CC0).
Judges: Carpeneti, Fabe, Winfree, Stowers
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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