Alaska Supreme Court

Alaska Building, Inc., Appellant v. Legislative Affairs Agency and 716 West Fourth Avenue LLC, Appellees

August 25, 2017403 P.3d 1132

Summary

The Alaska Supreme Court reversed the superior court’s Rule 11 sanction against Alaska Building, holding that the percentage‑of‑savings claim was a non‑frivolous argument for establishing new law and therefore not sanctionable. The court applied an abuse‑of‑discretion standard and remanded for the lower court to reconsider the attorney‑fees award. Justice Bolger dissented, arguing the claim was frivolous and should be sanctioned.