Powercorp Alaska, LLC, and Kwig Power Company v. Alaska Energy Authority, Ron Miller, Kris Noonan, and Controlled…

Summary

The court affirmed summary judgment for the defendants on all claims arising from the Energy Authority's rural power-generation procurement program. It held that collateral estoppel did not bar the claims, but the claims nevertheless failed because Kwig Power waived its procurement objections, the individual officials were protected by qualified immunity, Powercorp lacked a sufficient prospective economic relationship, and the evidence did not establish misappropriation or actionable collusion. Justice Winfree, dissenting in part, would have remanded the qualified-immunity issue for further proceedings and denied summary judgment on the trade-secret claims against the agency defendants and Controlled Power.