7 Alaska opinions name it 2 courts 1995–2025 4 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.
| Case | Followed | Cited |
|---|---|---|
Kenneth John Jouppi v. State of Alaska, State of Alaska v. Kenneth John Jouppigreen1 sentence2025Or. 1996)); see also United States v. Lessner, 498 F.3d 185, 205-06 (3d Cir. 2007) (noting that restitution in the amount of the uncontested actual loss sustained by the victim weighed against gross disproportionality); United States v. Newell, 658 F.3d 1, 35 (1st Cir. 2011) (recognizing that “where the restitution order reflects the amount of the victim’s loss[,] no constitutional violation has occurred”); State v. Ramos, 520 P.3d 65 , 80 (Wash. App. 2022) (holding that “a restitution award based on a victim’s actual losses is inherently proportional to the crime that caused the losses becaus | 1 | 1 |
United States v. Newellgreen1 sentence2025Or. 1996)); see also United States v. Lessner, 498 F.3d 185, 205-06 (3d Cir. 2007) (noting that restitution in the amount of the uncontested actual loss sustained by the victim weighed against gross disproportionality); United States v. Newell, 658 F.3d 1, 35 (1st Cir. 2011) (recognizing that “where the restitution order reflects the amount of the victim’s loss[,] no constitutional violation has occurred”); State v. Ramos, 520 P.3d 65 , 80 (Wash. App. 2022) (holding that “a restitution award based on a victim’s actual losses is inherently proportional to the crime that caused the losses becaus | 1 | 1 |
Jordan v. Stategreen1 sentence2025Jordan v. State, 681 P.2d 346, 350 (Alaska App. 1984). – 20 – 2817 Here, the Alaska legislature has mandated restitution unless the victim or other person entitled to restitution expressly declines it, and the Alaska Supreme Court has made clear that this includes “a direct claim for restitution for providing care to the child, unlike an adult caregiver seeking civil damages for providing services to a spouse.”58 Other courts have recognized that “[w]here the amount of restitution is geared directly to the amount of the victim’s loss caused by the defendant’s illegal activity, proportionality | 1 | 1 |
Norred v. Hartsfieldgreen1 sentence2025Ass’n, 178 N.E.3d 1046, 1058 (Ill. 2020) (“When a child is injured by a tortfeasor’s wrongful act, two causes of action arise — one in favor of the child’s parents for the child’s medical expenses (including any funeral expenses, if applicable) and another in favor of the child (or the child’s estate) for all other categories of damages flowing from the injury.”); Norred v. Hartsfield, 360 S.W.3d 583, 586 (Tex. App. 2011) (“While Texas law recognizes that a parent may recover damages for the care he or she provides to an injured child, any recovery is measured by the value of the services prov | 1 | 1 |
cluster 755348green1 sentence2025Jordan v. State, 681 P.2d 346, 350 (Alaska App. 1984). – 20 – 2817 Here, the Alaska legislature has mandated restitution unless the victim or other person entitled to restitution expressly declines it, and the Alaska Supreme Court has made clear that this includes “a direct claim for restitution for providing care to the child, unlike an adult caregiver seeking civil damages for providing services to a spouse.”58 Other courts have recognized that “[w]here the amount of restitution is geared directly to the amount of the victim’s loss caused by the defendant’s illegal activity, proportionality | 1 | 1 |
United States v. Deangreen1 sentence2025Jordan v. State, 681 P.2d 346, 350 (Alaska App. 1984). – 20 – 2817 Here, the Alaska legislature has mandated restitution unless the victim or other person entitled to restitution expressly declines it, and the Alaska Supreme Court has made clear that this includes “a direct claim for restitution for providing care to the child, unlike an adult caregiver seeking civil damages for providing services to a spouse.”58 Other courts have recognized that “[w]here the amount of restitution is geared directly to the amount of the victim’s loss caused by the defendant’s illegal activity, proportionality | 1 | 1 |
United States v. Lessnergreen1 sentence2025Or. 1996)); see also United States v. Lessner, 498 F.3d 185, 205-06 (3d Cir. 2007) (noting that restitution in the amount of the uncontested actual loss sustained by the victim weighed against gross disproportionality); United States v. Newell, 658 F.3d 1, 35 (1st Cir. 2011) (recognizing that “where the restitution order reflects the amount of the victim’s loss[,] no constitutional violation has occurred”); State v. Ramos, 520 P.3d 65 , 80 (Wash. App. 2022) (holding that “a restitution award based on a victim’s actual losses is inherently proportional to the crime that caused the losses becaus | 1 | 1 |
Mancino Ex Rel. Mancino v. Webbgreen1 sentence2025Ass’n, 178 N.E.3d 1046, 1058 (Ill. 2020) (“When a child is injured by a tortfeasor’s wrongful act, two causes of action arise — one in favor of the child’s parents for the child’s medical expenses (including any funeral expenses, if applicable) and another in favor of the child (or the child’s estate) for all other categories of damages flowing from the injury.”); Norred v. Hartsfield, 360 S.W.3d 583, 586 (Tex. App. 2011) (“While Texas law recognizes that a parent may recover damages for the care he or she provides to an injured child, any recovery is measured by the value of the services prov | 1 | 1 |
Lewis v. Lead Industries Ass'ngreen1 sentence2025Ass’n, 178 N.E.3d 1046, 1058 (Ill. 2020) (“When a child is injured by a tortfeasor’s wrongful act, two causes of action arise — one in favor of the child’s parents for the child’s medical expenses (including any funeral expenses, if applicable) and another in favor of the child (or the child’s estate) for all other categories of damages flowing from the injury.”); Norred v. Hartsfield, 360 S.W.3d 583, 586 (Tex. App. 2011) (“While Texas law recognizes that a parent may recover damages for the care he or she provides to an injured child, any recovery is measured by the value of the services prov | 1 | 1 |
Stewart v. Elliottgreen1 sentence2024Umialik had adequate notice. 64 See Stewart v. Elliott, 239 P.3d 1236, 1241 (Alaska 2010) (citing Donnelly v. Eklutna, Inc., 973 P.2d 87, 92 (Alaska 1999)). 65 Lenzi, 996 P.2d at 607 ; see also, e.g., Nationwide Mut. | 1 | 1 |
Winschel v. Browngreen1 sentence2024Parents owe a duty to care for their children, which the legislature has recognized by designating the parent as a victim when their minor child is the victim of a crime.109 As statutory victims, parents have a direct claim to restitution, and — as the court of appeals has previously held in other contexts — it is reasonably foreseeable that a victim may incur damages in the form of lost wages. 110 In particular, it is foreseeable that a child victim of sexual 105 Johnson v. State, 224 P.3d 105, 111 (Alaska 2010). 106 Winschel v. Brown, 171 P.3d 142, 146 (Alaska 2007) (quoting P.G. v. State, D | 1 | 1 |
Johnson v. Stategreen1 sentence2024Parents owe a duty to care for their children, which the legislature has recognized by designating the parent as a victim when their minor child is the victim of a crime.109 As statutory victims, parents have a direct claim to restitution, and — as the court of appeals has previously held in other contexts — it is reasonably foreseeable that a victim may incur damages in the form of lost wages. 110 In particular, it is foreseeable that a child victim of sexual 105 Johnson v. State, 224 P.3d 105, 111 (Alaska 2010). 106 Winschel v. Brown, 171 P.3d 142, 146 (Alaska 2007) (quoting P.G. v. State, D | 1 | 1 |
Donnelly v. Eklutna, Inc.green1 sentence2024Umialik had adequate notice. 64 See Stewart v. Elliott, 239 P.3d 1236, 1241 (Alaska 2010) (citing Donnelly v. Eklutna, Inc., 973 P.2d 87, 92 (Alaska 1999)). 65 Lenzi, 996 P.2d at 607 ; see also, e.g., Nationwide Mut. | 1 | 1 |
Muller v. BP Exploration (Alaska) Inc.green1 sentence1999See Muller v. BP Exploration (Alaska), Inc., 923 P.2d 783, 787 (Alaska 1996). 6 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alaska. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State of Alaska v. Brennan Adam Grubb
green
1 sentence2025Jordan v. State, 681 P.2d 346, 350 (Alaska App. 1984). – 20 – 2817 Here, the Alaska legislature has mandated restitution unless the victim or other person entitled to restitution expressly declines it, and the Alaska Supreme Court has made clear that this includes “a direct claim for restitution for providing care to the child, unlike an adult caregiver seeking civil damages for providing services to a spouse.”58 Other courts have recognized that “[w]here the amount of restitution is geared directly to the amount of the victim’s loss caused by the defendant’s illegal activity, proportionality | 1 | 2025–2025 |
Pg v. Dfys
green
1 sentence2024Servs., Div. of Fam. & Youth Servs., 4 P.3d 326 , 332 n.11 (Alaska 2000)). 107 Howarth v. State, Pub. | 1 | 2024–2024 |
Lenzi v. Redland Ins. Co.
green
1 sentence2024Umialik had adequate notice. 64 See Stewart v. Elliott, 239 P.3d 1236, 1241 (Alaska 2010) (citing Donnelly v. Eklutna, Inc., 973 P.2d 87, 92 (Alaska 1999)). 65 Lenzi, 996 P.2d at 607 ; see also, e.g., Nationwide Mut. | 1 | 2024–2024 |
Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics
green
1 sentence2021Bureau of Narcotics, 403 U.S. 388 (1971)). -9- 1858 where little or no alternative remedies are available.”26 The fact that a claim seeking the alternative remedy was time-barred, dismissed, or unavailable for other procedural reasons does not make it unavailable for purposes of this rule.27 And the alternative relief need not be a perfect analogue to a constitutional claim; the availability of “some type of relief” bars a direct claim for damages based on the Alaska Constitution.28 In his complaint, Seugasala cited the United States and Alaska constitutions; a statute setting out the duties o | 1 | 2021–2021 |
Transamerica Title Insurance Co. v. Ramsey
green
1 sentence1998Such recovery, asserts PCI, is allowed under Transamerica Title Insurance v. Ramsey, 507 P.2d 492 (Alaska 1973). | 1 | 1998–1998 |
Williams v. Illinois
green
2 sentences1995In this situation, regardless of whether the challenge asserts a violation of equal protection or a direct violation of the right to counsel, "the issue cannot be resolved by resort to easy slogans or pigeonhole analysis, but rather requires a careful inquiry into such factors as 'the nature of the individual *123 interest affected, the rationality of the connection between legislative means and purpose, [and] the existence of alternative means for effectuating the purpose[.]"’ Bearden v. Georgia, 461 U.S. 660, 666-67 , 103 S.Ct. 2064, 2069 , 76 L.Ed.2d 221 (1983) (quoting Williams v. Illinois 1995In this situation, regardless of whether the challenge asserts a violation of equal protection or a direct violation of the right to counsel, "the issue cannot be resolved by resort to easy slogans or pigeonhole analysis, but rather requires a careful inquiry into such factors as 'the nature of the individual *123 interest affected, the rationality of the connection between legislative means and purpose, [and] the existence of alternative means for effectuating the purpose[.]"’ Bearden v. Georgia, 461 U.S. 660, 666-67 , 103 S.Ct. 2064, 2069 , 76 L.Ed.2d 221 (1983) (quoting Williams v. Illinois | 1 | 1995–1995 |
Bearden v. Georgia
green
2 sentences1995In this situation, regardless of whether the challenge asserts a violation of equal protection or a direct violation of the right to counsel, "the issue cannot be resolved by resort to easy slogans or pigeonhole analysis, but rather requires a careful inquiry into such factors as 'the nature of the individual *123 interest affected, the rationality of the connection between legislative means and purpose, [and] the existence of alternative means for effectuating the purpose[.]"’ Bearden v. Georgia, 461 U.S. 660, 666-67 , 103 S.Ct. 2064, 2069 , 76 L.Ed.2d 221 (1983) (quoting Williams v. Illinois 1995In this situation, regardless of whether the challenge asserts a violation of equal protection or a direct violation of the right to counsel, "the issue cannot be resolved by resort to easy slogans or pigeonhole analysis, but rather requires a careful inquiry into such factors as 'the nature of the individual *123 interest affected, the rationality of the connection between legislative means and purpose, [and] the existence of alternative means for effectuating the purpose[.]"’ Bearden v. Georgia, 461 U.S. 660, 666-67 , 103 S.Ct. 2064, 2069 , 76 L.Ed.2d 221 (1983) (quoting Williams v. Illinois | 1 | 1995–1995 |
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.