good cause requirement (Alaska) · Go Syfert
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good cause requirement in Alaska

12 Alaska opinions name it 2 courts 1987–2025 3 in the last five years

The cases below were cited by Alaska courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
State of Alaska, DHSS, OCS v. C.A. (Mother) and B.R. (Father), State of Alaska, DHSS, OCS v. L.S. (Mother) and M.D. (Father)green
alaska · 2022 · cited in 1 Alaska opinions naming this issue, 2024–2024
1 sentence

2024We have previously recognized these Guidelines as “persuasive.” State v. Cissy A., 513 P.3d 999, 1009 (Alaska 2022). 33 2016 BIA GUIDELINES, supra note 32, at 49. 34 Id. at 48-49. 35 Id. at 49. 36 Id. at 48. -11- 7718 considering certain factors when deciding whether to transfer jurisdiction. 37 With respect to placement, the Guidelines reiterate that “whether the Tribal court could change the child’s placement” is an inappropriate basis for finding good cause to deny a transfer petition.38 The Guidelines note that state courts “cannot know or accurately predict which placement a Tribal court

11
Simmonds v. Parksgreen
alaska · 2014 · cited in 1 Alaska opinions naming this issue, 2024–2024
1 sentence

2024NO. 95-1386, at 19 (1978)). 28 Simmonds v. Parks, 329 P.3d 995, 1009 (Alaska 2014) (internal quotation marks omitted) (quoting Holyfield, 490 U.S. at 36 ). 29 See 25 C.F.R. § 23.118 (c) (2023). -10- 7718 deny a transfer petition. 30 These prohibited factors include “[w]hether transfer could affect the placement of the child.”31 The BIA has also published nonbinding guidelines (the Guidelines) that elaborate on the good cause exception. 32 According to the Guidelines, the good cause determination “should address which court is best positioned to adjudicate the child- custody proceeding, not pre

11
Paula E. v. State, Department of Health & Social Services, Office of Children's Servicesgreen
alaska · 2012 · cited in 1 Alaska opinions naming this issue, 2023–2023
1 sentence

2023Servs., Off. of Child.’s Servs., 276 P.3d 422, 438 (Alaska 2012). -10- 7655 the good cause inquiry only arises if a “suitable caretaker” exists.16 They argue that Taryn is not suitable.

11
Gregor v. Hodgesgreen
alaska · 1980 · cited in 1 Alaska opinions naming this issue, 2012–2012
1 sentence

2012See Gregor v. Hodges, 612 P.2d 1008, 1010 (Alaska 1980) (finding that after granting a 60(b) motion for mistake, the nonmoving party should be paid reasonable costs and attorney's fees); see also Hertz v. Berzanske, 704 P.2d 767, 773 (Alaska 1985), partially overruled by statute as recognized by McConkey v. Hart, 930 P.2d 402 , 407 n. 4 (Alaska 1996) (finding that "using the court's equitable powers" the costs of witnesses and attorney's fees could have been reimbursed to the nonmoving party of an overturned default judgment under a good cause standard of Civil Rule 55(e)).

11
McConkey v. Hartgreen
alaska · 1997 · cited in 1 Alaska opinions naming this issue, 2012–2012
1 sentence

2012See Gregor v. Hodges, 612 P.2d 1008, 1010 (Alaska 1980) (finding that after granting a 60(b) motion for mistake, the nonmoving party should be paid reasonable costs and attorney's fees); see also Hertz v. Berzanske, 704 P.2d 767, 773 (Alaska 1985), partially overruled by statute as recognized by McConkey v. Hart, 930 P.2d 402 , 407 n. 4 (Alaska 1996) (finding that "using the court's equitable powers" the costs of witnesses and attorney's fees could have been reimbursed to the nonmoving party of an overturned default judgment under a good cause standard of Civil Rule 55(e)).

11
John v. Bakergreen
alaska · 1999 · cited in 1 Alaska opinions naming this issue, 2005–2005
1 sentence

2005Id. at 1463 (Stevens, J., concurring). [16] John v. Baker, 982 P.2d 738, 747 (Alaska 1999), cert. denied, 528 U.S. 1182 , 120 S.Ct. 1221 , 145 L.Ed.2d 1121 (2000). [17] 25 U.S.C. § 1915 (d). [18] 25 U.S.C. § 1915 (a). [19] See Op. at 1034. [20] One commentator who argues that the prevailing social and cultural standards ought to apply to the good cause inquiry has recognized that the language does not currently support this reading.

11
Coats v. Finngreen
alaska · 1989 · cited in 1 Alaska opinions naming this issue, 1992–1992
1 sentence

1992In Coats v. Finn, 779 P.2d 775, 777 (Alaska 1989), we concluded that the good cause exception was not limited to the specific exceptions enumerated in the rule.

11
Trumbly v. Stategreen
alaska · 1973 · cited in 1 Alaska opinions naming this issue, 1987–1987
1 sentence

1987Although AS 12.55.110 broadly provides that a suspended sentence "shall not be revoked except for good cause shown,” in Holton , the supreme court squarely decided that this provision does not authorize revocation based on a generalized finding of "good cause.” Rather, the court, relying on Trumbly v. State, 515 P.2d 707, 709 (Alaska 1973), construed AS 12.55.110 to apply only to the second step of the revocation process, which is triggered after a specific violation has been proved: As Holton argues, the good cause requirement in AS 12.55.110 refers to the finding at the second step of the re

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Hertz v. Berzanskegreen
alaska · 1985 · cited in 1 Alaska opinions naming this issue, 2012–2012
1 sentence

2012See Gregor v. Hodges, 612 P.2d 1008, 1010 (Alaska 1980) (finding that after granting a 60(b) motion for mistake, the nonmoving party should be paid reasonable costs and attorney's fees); see also Hertz v. Berzanske, 704 P.2d 767, 773 (Alaska 1985), partially overruled by statute as recognized by McConkey v. Hart, 930 P.2d 402 , 407 n. 4 (Alaska 1996) (finding that "using the court's equitable powers" the costs of witnesses and attorney's fees could have been reimbursed to the nonmoving party of an overturned default judgment under a good cause standard of Civil Rule 55(e)).

11

Also cited on this issue (11)

CaseCitedYears
State, Department of Revenue, Child Support Enforcement Division, Ex Rel. Valdez v. Valdez green
alaska · 1997
1 sentence

2025I.B). -7- 7751 if the support award were not varied.’ ”17 The rule requires a court to “specify in writing the reason for the variation, the amount of support which would have been required but for the variation, and the estimated value of any property conveyed instead of support calculated under the other provisions of this rule.”18 The good cause inquiry must “first and foremost [focus on] the needs of the children.”19 “Good cause may include a finding that unusual circumstances exist which require variation of the award in order to award an amount of support which is just and proper for the

12025–2025
Mississippi Band of Choctaw Indians v. Holyfield green
scotus · 1989
1 sentence

2024NO. 95-1386, at 19 (1978)). 28 Simmonds v. Parks, 329 P.3d 995, 1009 (Alaska 2014) (internal quotation marks omitted) (quoting Holyfield, 490 U.S. at 36 ). 29 See 25 C.F.R. § 23.118 (c) (2023). -10- 7718 deny a transfer petition. 30 These prohibited factors include “[w]hether transfer could affect the placement of the child.”31 The BIA has also published nonbinding guidelines (the Guidelines) that elaborate on the good cause exception. 32 According to the Guidelines, the good cause determination “should address which court is best positioned to adjudicate the child- custody proceeding, not pre

12024–2024
Caldwell v. State green
alaska · 2005
1 sentence

2010“The commentary to Civil Rule 90.3 has not been officially adopted, but it can provide useful guidance in applying the rule.” Miller v. Clough, 165 P.3d 594 , 599 n.10 (Alaska 2007) (citing Caldwell v. State, 105 P.3d 570 , 573 n.6 (Alaska 2005)). -5- 1357 varied.”11 Additionally Rule 90.3(c)(2) provides in some situations that when a parent’s adjusted annual income exceeds $105,000, “the court may make an additional award only if it is just and proper, taking into account the needs of the children, the standard of living of the children and the extent to which that standard should reflect the

12010–2010
Miller v. Clough green
alaska · 2007
1 sentence

2010“The commentary to Civil Rule 90.3 has not been officially adopted, but it can provide useful guidance in applying the rule.” Miller v. Clough, 165 P.3d 594 , 599 n.10 (Alaska 2007) (citing Caldwell v. State, 105 P.3d 570 , 573 n.6 (Alaska 2005)). -5- 1357 varied.”11 Additionally Rule 90.3(c)(2) provides in some situations that when a parent’s adjusted annual income exceeds $105,000, “the court may make an additional award only if it is just and proper, taking into account the needs of the children, the standard of living of the children and the extent to which that standard should reflect the

12010–2010
Florida v. Almeida green
scotus · 2000
1 sentence

2005Id. at 1463 (Stevens, J., concurring). [16] John v. Baker, 982 P.2d 738, 747 (Alaska 1999), cert. denied, 528 U.S. 1182 , 120 S.Ct. 1221 , 145 L.Ed.2d 1121 (2000). [17] 25 U.S.C. § 1915 (d). [18] 25 U.S.C. § 1915 (a). [19] See Op. at 1034. [20] One commentator who argues that the prevailing social and cultural standards ought to apply to the good cause inquiry has recognized that the language does not currently support this reading.

12005–2005
Enron Power Marketing, Inc. v. Northern States Power Co. green
scotus · 2000
2 sentences

2005Id. at 1463 (Stevens, J., concurring). [16] John v. Baker, 982 P.2d 738, 747 (Alaska 1999), cert. denied, 528 U.S. 1182 , 120 S.Ct. 1221 , 145 L.Ed.2d 1121 (2000). [17] 25 U.S.C. § 1915 (d). [18] 25 U.S.C. § 1915 (a). [19] See Op. at 1034. [20] One commentator who argues that the prevailing social and cultural standards ought to apply to the good cause inquiry has recognized that the language does not currently support this reading.

2005Id. at 1463 (Stevens, J., concurring). [16] John v. Baker, 982 P.2d 738, 747 (Alaska 1999), cert. denied, 528 U.S. 1182 , 120 S.Ct. 1221 , 145 L.Ed.2d 1121 (2000). [17] 25 U.S.C. § 1915 (d). [18] 25 U.S.C. § 1915 (a). [19] See Op. at 1034. [20] One commentator who argues that the prevailing social and cultural standards ought to apply to the good cause inquiry has recognized that the language does not currently support this reading.

12005–2005
South Carolina v. Catawba Indian Tribe, Inc. green
scotus · 1986
2 sentences

2005Op. at 1023 (quoting South Carolina v. Catawba Indian Tribe, Inc., 476 U.S. 498, 506 , 106 S.Ct. 2039 , 90 L.Ed.2d 490 (1986)). .

2005Op. at 1023 (quoting South Carolina v. Catawba Indian Tribe, Inc., 476 U.S. 498, 506 , 106 S.Ct. 2039 , 90 L.Ed.2d 490 (1986)). .

12005–2005
Municipality of Anchorage, Police & Fire Retirement Board v. Coffey green
alaska · 1995
2 sentences

2000Under the good cause requirement, conditions that have an "adverse affect” on a worker can be “established *727 only if the conditions of work actually impair the worker's health, or the worker has a reasonably-founded belief that the conditions impair the worker's health, or the worker’s physical condition prevents the worker from performing the work.” Id. (bullets omitted). 13 .

2000But the lack of a medical recommendation is not dispositive "if other facts show that continued employment was dangerous to the worker's health or physical condition, and the worker made a reasonable effort to obtain an adjustment of the work situation before quitting.” Id. at VL 235.05-3 (June 1999) (citation omitted). 14 .

12000–2000
Ogard v. Ogard green
alaska · 1991
1 sentence

1998Id. (citing Daniel Q.

11998–1998
Associated Enterprises, Inc. v. Toltec Watershed Improvement District green
wyo · 1978
1 sentence

1995In Associated Enter. v. Toltec Watershed Improvement Dist., 578 P.2d 1359 (Wyo.1978), the Wyoming Supreme Court addressed the good cause requirement for a permit extension to complete construction of a reservoir.

11995–1995
State v. Lowry green
tex · 1991
1 sentence

1994In arguing for a rigorous definition equating good cause to substantial need and undue hardship, Orea relies on State v. Lowry, 802 S.W.2d 669 (Tex.1991), where, according to Orea, this standard was adopted under analogous circumstances.

11994–1994

Where else courts name it

CA 141 (1937–2026) TX 118 (1945–2026) VA 74 (1941–2026) NJ 66 (1981–2026) AL 55 (1906–2026) PA 55 (1805–2026) IA 48 (1975–2026) MI 46 (1904–2026) NY 41 (1823–2025) ME 38 (1824–2023) CT 37 (1986–2026) MO 37 (1881–2019) FL 32 (1972–2025) MA 31 (1993–2025) NV 28 (1979–2025) KS 26 (1899–2026) IL 24 (1853–2024) WA 24 (1975–2025) MD 23 (1941–2025) ID 20 (1998–2025) UT 19 (1979–2025) CO 18 (1979–2026) DC 15 (1977–2026) LA 14 (2001–2024) MT 13 (1986–2023) OH 13 (1996–2024) NM 12 (1991–2024) IN 12 (1837–2013) AK 12 (1987–2025) OR 12 (1997–2024) AZ 11 (1965–2024) DE 11 (2014–2026) VT 10 (1831–2026) WI 10 (1982–2025) NC 9 (1953–2022) WV 9 (1980–2023) SC 7 (1986–2026) NE 6 (1981–2026) HI 5 (1982–2021) MS 5 (1872–2003) ND 4 (2007–2020) RI 4 (1995–2011) GA 4 (1918–1970) MN 3 (2003–2015) TN 3 (2014–2026) SD 3 (1997–2010) NH 3 (1808–2022) OK 2 (2003–2009) WY 2 (1991–2011) AR 2 (1933–1995) KY 2 (2016–2018)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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