Nathaniel A. Todeschi, Appellant and Cross-Appellee v. Sumitomo Metal Mining Pogo, LLC, Appellee and Cross-Appellant

Summary

The Alaska Supreme Court affirmed the judgment after concluding that the evidence permitted the jury to find that Todeschi was not disabled, or that Sumitomo lawfully terminated him despite any disability, while still finding a breach of the covenant of good faith and fair dealing. The court also held that Todeschi was not entitled to burden shifting or an adverse-inference instruction based on allegedly missing evidence, and that any ambiguity in a jury instruction concerning pre-2009 conduct was harmless. The court did not reach Sumitomo’s cross-appeal because it affirmed on Todeschi’s appeal.