immutable rule in Alaska

6 Alaska opinions name it 1 courts 1972–1994 0 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 (6)

Case	Followed	Cited
Owen Jones & Sons, Inc. v. CR Lewis Companygreen alaska · 1972 · cited in 4 Alaska opinions naming this issue, 1976–1993 2 sentences 1980However, we made clear in Owen Jones & Sons, Inc., 497 P.2d at 313 -14 that “it is not an immutable rule that the party who obtains an affirmative recovery must be considered the prevailing party.” See also Alaska Placer Co., 553 P.2d at 63 . 1976This court stated, "It was clear that the main issue had been resolved against appellants [the plaintiff] when the court found that appellee had no obligation to refund its progress payments ... ." 497 P.2d at 314 . "[I]t is not an immutable rule that the party who obtains an affirmative recovery must be considered the prevailing party." 497 P.2d at 313-14 (citations omitted). [9] Indeed, the dictionary defines insurer as "... one that contracts to indemnify another... ." Webster's Third New International Dictionary at 1173.	3	4
Hillman v. Nationwide Mutual Fire Insurance Co.green alaska · 1993 · cited in 1 Alaska opinions naming this issue, 1994–1994 2 sentences 1994Further, we observed: "[T]he prevailing party is the one `who has successfully prosecuted or defended against the action, the one who is successful on the "main issue" of the action and "in whose favor the decision of verdict is rendered and the judgment entered."'" This court has recognized that "it is not an immutable rule that the party who obtains an affirmative recovery must be the prevailing party." Id. at 1327 (citations omitted). 1994Further, we observed: “[T]he prevailing party is the one “who has successfully prosecuted or defended against the action, the one who is successful on the “main issue” of the action and “in whose favor the decision of verdict is rendered and the judgment entered.” ’ ” This court has recognized that “it is not an immutable rule that the party who obtains an affirmative recovery must be the prevailing party.” Id. at 1327 (citations omitted).	1	1
Hayer v. National Bank of Alaskagreen alaska · 1980 · cited in 1 Alaska opinions naming this issue, 1989–1989 1 sentence 1989Lewis Co., 497 P.2d 312, 313-14 (Alaska 1972); see also Hayer v. National Bank of Alaska, 619 P.2d 474, 477 (Alaska 1980).	1	1
United States Fidelity & Guaranty Co. v. Williamsgreen md · 1925 · cited in 1 Alaska opinions naming this issue, 1976–1976 2 sentences 1976Compare, e.g., United States Fidelity and Guaranty Co. v. Williams, 148 Md. 289 , 129 A. 660 (1925). [10] Miklautsch v. Dominick, 452 P.2d 438 (Alaska 1969). [11] See Albritton v. Estate of Larson, 428 P.2d 379, 383-84 (Alaska 1967). 1976Compare, e.g., United States Fidelity and Guaranty Co. v. Williams, 148 Md. 289 , 129 A. 660 (1925). [10] Miklautsch v. Dominick, 452 P.2d 438 (Alaska 1969). [11] See Albritton v. Estate of Larson, 428 P.2d 379, 383-84 (Alaska 1967).	1	1
Miklautsch v. Dominickgreen alaska · 1969 · cited in 1 Alaska opinions naming this issue, 1976–1976 1 sentence 1976Compare, e.g., United States Fidelity and Guaranty Co. v. Williams, 148 Md. 289 , 129 A. 660 (1925). [10] Miklautsch v. Dominick, 452 P.2d 438 (Alaska 1969). [11] See Albritton v. Estate of Larson, 428 P.2d 379, 383-84 (Alaska 1967).	1	1
Albritton v. Estate of Larsongreen alaska · 1967 · cited in 1 Alaska opinions naming this issue, 1976–1976 1 sentence 1976Compare, e.g., United States Fidelity and Guaranty Co. v. Williams, 148 Md. 289 , 129 A. 660 (1925). [10] Miklautsch v. Dominick, 452 P.2d 438 (Alaska 1969). [11] See Albritton v. Estate of Larson, 428 P.2d 379, 383-84 (Alaska 1967).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Alaska. Read the followed side critically anyway.

Also cited on this issue (2)

Case	Cited	Years
Alaska Placer Company v. Lee green alaska · 1976 1 sentence 1980However, we made clear in Owen Jones & Sons, Inc., 497 P.2d at 313 -14 that “it is not an immutable rule that the party who obtains an affirmative recovery must be considered the prevailing party.” See also Alaska Placer Co., 553 P.2d at 63 .	1	1980–1980
Buza v. Columbia Lumber Company green alaska · 1964 1 sentence 1972We are of the opinion that the determination of which party prevails in cases of this sort is, like the award of attorney’s fees, within the discretion of the trial judge. 4 This case is clearly distinguishable from Buza v. Columbia Lumber Company, 395 P.2d 511 (Alaska 1964).	1	1972–1972

Where else courts name it

CA 23 (1978–2024) MI 8 (1986–2018) NY 7 (1935–2001) NJ 7 (1876–2018) AK 6 (1972–1994) MN 5 (1987–2016) MD 4 (1977–2021) KY 4 (1968–2016) NM 4 (1898–2015) FL 4 (1981–2012) IL 3 (1966–1969) AL 3 (1979–1995) WI 3 (2005–2023) DC 3 (1996–2021) OR 2 (1985–1991) GA 2 (1985–2008) WA 2 (1981–2020) RI 2 (2017–2022)

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.

← Caselaw search · G Cite Topics · Brief Check