Alaska Supreme Court
Leisnoi, Inc., Appellant v. Merdes & Merdes, P.c., Appellee
February 1, 20132013 Alas. LEXIS 11
Summary
The court held that Leisnoi did not waive its appeal by paying the judgment because payment of an adverse judgment, absent compromise or settlement, is involuntary as a matter of law. It held that the contingency-fee agreement, arbitration award, 1995 judgment, and 2010 writ of execution violated the statutory prohibition against percentage fees based on the value of Alaska Native Claims Settlement Act lands, but that the 1995 judgment was voidable rather than void. The court reversed the order authorizing execution, affirmed denial of relief under Civil Rule 60(b), and ordered return of the post-writ payment with interest while allowing a potential quantum-meruit action.