Raymond Dapo v. State of Alaska, Department of Health and Social Services, Office of Children's Services and Taun Lucas

Summary

The court held that a defendant's equitable apportionment claim under Alaska Civil Rule 14(c) is not assignable because it arises from the defendant's legal status and gives the assignee no right to recover. It affirmed invalidation of the assignment and concluded that the agreement dependent on the assignment was unenforceable, but held that dismissing the underlying apportionment claim with prejudice was an abuse of discretion. The court vacated the dismissal and attorney's-fee award and remanded for Lucas to receive a reasonable opportunity to decide whether to pursue the claim.