settlement hearing in Alaska

2022The agreement’s language — “The net proceeds after cost of sale shall be 6 Notkin v. Notkin, 921 P.2d 1109, 1111 (Alaska 1996) (quoting Kerslake v. Kerslake, 609 P.2d 559 , 560 n.1 (Alaska 1980)). 7 Thomson v. Thomson, 394 P.3d 604, 607 (Alaska 2017) (quoting Krushensky v. Farinas, 189 P.3d 1056, 1060 (Alaska 2008)). 8 Id. at 607-08 (quoting Villars v. Villars, 277 P.3d 763, 768-69 (Alaska 2012)). -6- 1894 divided 50/50” — is unambiguous; the starting point of any calculation is to be the “cost of sale.” Though it appears that at the time of the settlement hearing the parties thought the home

2022The agreement’s language — “The net proceeds after cost of sale shall be 6 Notkin v. Notkin, 921 P.2d 1109, 1111 (Alaska 1996) (quoting Kerslake v. Kerslake, 609 P.2d 559 , 560 n.1 (Alaska 1980)). 7 Thomson v. Thomson, 394 P.3d 604, 607 (Alaska 2017) (quoting Krushensky v. Farinas, 189 P.3d 1056, 1060 (Alaska 2008)). 8 Id. at 607-08 (quoting Villars v. Villars, 277 P.3d 763, 768-69 (Alaska 2012)). -6- 1894 divided 50/50” — is unambiguous; the starting point of any calculation is to be the “cost of sale.” Though it appears that at the time of the settlement hearing the parties thought the home

2022The agreement’s language — “The net proceeds after cost of sale shall be 6 Notkin v. Notkin, 921 P.2d 1109, 1111 (Alaska 1996) (quoting Kerslake v. Kerslake, 609 P.2d 559 , 560 n.1 (Alaska 1980)). 7 Thomson v. Thomson, 394 P.3d 604, 607 (Alaska 2017) (quoting Krushensky v. Farinas, 189 P.3d 1056, 1060 (Alaska 2008)). 8 Id. at 607-08 (quoting Villars v. Villars, 277 P.3d 763, 768-69 (Alaska 2012)). -6- 1894 divided 50/50” — is unambiguous; the starting point of any calculation is to be the “cost of sale.” Though it appears that at the time of the settlement hearing the parties thought the home

2022The agreement’s language — “The net proceeds after cost of sale shall be 6 Notkin v. Notkin, 921 P.2d 1109, 1111 (Alaska 1996) (quoting Kerslake v. Kerslake, 609 P.2d 559 , 560 n.1 (Alaska 1980)). 7 Thomson v. Thomson, 394 P.3d 604, 607 (Alaska 2017) (quoting Krushensky v. Farinas, 189 P.3d 1056, 1060 (Alaska 2008)). 8 Id. at 607-08 (quoting Villars v. Villars, 277 P.3d 763, 768-69 (Alaska 2012)). -6- 1894 divided 50/50” — is unambiguous; the starting point of any calculation is to be the “cost of sale.” Though it appears that at the time of the settlement hearing the parties thought the home

2022The agreement’s language — “The net proceeds after cost of sale shall be 6 Notkin v. Notkin, 921 P.2d 1109, 1111 (Alaska 1996) (quoting Kerslake v. Kerslake, 609 P.2d 559 , 560 n.1 (Alaska 1980)). 7 Thomson v. Thomson, 394 P.3d 604, 607 (Alaska 2017) (quoting Krushensky v. Farinas, 189 P.3d 1056, 1060 (Alaska 2008)). 8 Id. at 607-08 (quoting Villars v. Villars, 277 P.3d 763, 768-69 (Alaska 2012)). -6- 1894 divided 50/50” — is unambiguous; the starting point of any calculation is to be the “cost of sale.” Though it appears that at the time of the settlement hearing the parties thought the home

2020Co., 303 P.3d 493, 497 (Alaska 2013))). 30 See id. at *8-9. 31 Id. at *4. -7- 1787 Board could consider ‘all amounts’ in determining Rosales’s best interest.”32 We observed that “[t]he maritime settlement here consisted of an undifferentiated total of $195,000, representing payment to Rosales for his maritime claims as well as attorney’s fees and costs.”33 And we recognized that when it considered Rosales’s best interest, the Board excluded consideration of the amount of settlement money designated as attorney’s fees and costs.34 Because the arguments Rosales now makes could have been presente

2017Commercial Elec., Inc. v. McLees, 101 P.3d 593, 600 (Alaska 2004) (noting person seeking to avoid contract was “unable to conduct an independent search” for missing items). 73 8 AAC 45.160(c)(1). 74 316 P.3d at 587 . 75 See Seybert, 182 P.3d at 1095-96 (requiring consideration whether claimant manifested assent to contract in reliance on misrepresentations and whether reliance was justified). 76 “A material fact is one ‘to which a reasonable man might be expected to attach importance in making his choice of action.’ ” Cousineau v. Walker, 613 P.2d 608, 613 (Alaska 1980) (quoting WILLIAM L.

2017Commercial Elec., Inc. v. McLees, 101 P.3d 593, 600 (Alaska 2004) (noting person seeking to avoid contract was “unable to conduct an independent search” for missing items). 73 8 AAC 45.160(c)(1). 74 316 P.3d at 587 . 75 See Seybert, 182 P.3d at 1095-96 (requiring consideration whether claimant manifested assent to contract in reliance on misrepresentations and whether reliance was justified). 76 “A material fact is one ‘to which a reasonable man might be expected to attach importance in making his choice of action.’ ” Cousineau v. Walker, 613 P.2d 608, 613 (Alaska 1980) (quoting WILLIAM L.

2017Commercial Elec., Inc. v. McLees, 101 P.3d 593, 600 (Alaska 2004) (noting person seeking to avoid contract was “unable to conduct an independent search” for missing items). 73 8 AAC 45.160(c)(1). 74 316 P.3d at 587 . 75 See Seybert, 182 P.3d at 1095-96 (requiring consideration whether claimant manifested assent to contract in reliance on misrepresentations and whether reliance was justified). 76 “A material fact is one ‘to which a reasonable man might be expected to attach importance in making his choice of action.’ ” Cousineau v. Walker, 613 P.2d 608, 613 (Alaska 1980) (quoting WILLIAM L.

2002Sanders, 12 P.3d at 769-70 (citation omitted). 23 .

1991"A person'is legally accountable for the conduct of another constituting an offense if ... with intent to promote or facilitate the commission of the offense, the person ... aids or abets the other in planning or committing the offense. ..AS 11.16.110(2)(B). '"Aid and abet’ means to help, assist, or facilitate the commission of a crime, promote the accomplishment thereof, help in advancing or bringing it about, or encourage, counsel, or incite as to its commission.” Thomas v. State, 391 P.2d 18, 25 (Alaska 1964).

1991Although the state has said it would have paid the claim even if it knew Mr. Briggs was dead, the fact that Mrs. Briggs' actions had no material effect on the settlement is no defense. [2] "A person is legally accountable for the conduct of another constituting an offense if ... with intent to promote or facilitate the commission of the offense, the person ... aids or abets the other in planning or committing the offense... ." AS 11.16.110(2)(B). "`Aid and abet' means to help, assist, or facilitate the commission of a crime, promote the accomplishment thereof, help in advancing or bringing it

1991See also Hensel v. State, 604 P.2d 222, 233 (Alaska 1979); Carman v. State, 602 P.2d 1255, 1261 (Alaska 1979).

1991See also Hensel v. State, 604 P.2d 222, 233 (Alaska 1979); Carman v. State, 602 P.2d 1255, 1261 (Alaska 1979).