Gilbert v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that \ilt is an abuse of discretion to award attorney's fees against a losing party who has in good faith raised an issue of genuine public interest before the courts\
• holding that a potential candidate for state senate who lost in his challenge to residency requirements was a public interest litigant, despite the court’s findings that the effect on voters’ choice of candidates was “more hypothetical than real” and only “slight”
• holding it was abuse of discretion to award attorney's fees to the State against losing party who in good faith raised question of genuine public interest before the court
• stating that a durational residency requirement for state office ―assur[es] that those who govern are acquainted with the conditions, problems, and needs of those who are governed‖
• explaining that \[i]t is not the purpose of Rule 82 to penalize a party for litigating a good faith claim but rather partially to compensate the prevailing party where such compensation is justified\
• explaining that ”[i]t is not the purpose of Rule 82 to penalize a party for litigating a good faith claim but rather partially to compensate the prevailing party where such compensation is justified”

Source: CourtListener parenthetical corpus (CC0).

Cited by

60 cases in this archive cite this case; the 20 most cited are listed.

• Ravin v. State
  Alaska Supreme Court· 1975-05-28· cited 199×
• Tobeluk Ex Rel. Tobeluk v. Lind
  Alaska Supreme Court· 1979-01-26· cited 93×
• Lynden Transport, Inc. v. State
  Alaska Supreme Court· 1975-02-24· cited 85×
• Anchorage v. McCabe
  Alaska Supreme Court· 1977-09-09· cited 60×
• Southeast Alaska Conservation Council, Inc. v. State
  Alaska Supreme Court· 1983-04-29· cited 56×
• Storrs v. State Medical Board
  Alaska Supreme Court· 1983-04-29· cited 52×
• Oceanview Homeowners Ass'n v. Quadrant Construction & Engineering
  Alaska Supreme Court· 1984-03-23· cited 50×
• Kenai Lumber Co., Inc. v. LeResche
  Alaska Supreme Court· 1982-06-11· cited 50×
• Moses v. McGarvey
  Alaska Supreme Court· 1980-07-25· cited 48×
• Ware v. Ware
  Alaska Supreme Court· 2007-06-01· cited 46×
• White v. Manchin
  West Virginia Supreme Court· 1984-07-13· cited 45×
• Thomas v. Bailey
  Alaska Supreme Court· 1979-04-10· cited 43×
• Hatcher v. Bell
  Tennessee Supreme Court· 1974-12-05· cited 40×
• State v. Planned Parenthood of Alaska
  Alaska Supreme Court· 2001-11-16· cited 39×
• Hilbers v. Municipality of Anchorage
  Alaska Supreme Court· 1980-05-09· cited 38×
• F/V AMERICAN EAGLE v. State
  Alaska Supreme Court· 1980-11-21· cited 37×
• State v. United Cook Inlet Drift Ass'n
  Alaska Supreme Court· 1995-05-12· cited 37×
• Alaska Conservation Foundation v. Pebble Limited Partnership
  Alaska Supreme Court· 2015-05-29· cited 31×
• Thomas v. Bailey
  Alaska Supreme Court· 1980-05-16· cited 28×
• Hicklin v. Orbeck
  Alaska Supreme Court· 1977-06-03· cited 28×