Vote Yes for Alaska's Fair Share v. Resource Development Council for Alaska, Inc., Alaska Trucking Association…

Summary

The court held that the trade associations were qualified non-prevailing constitutional claimants because they lacked a sufficient direct economic incentive to bring the litigation independently of its constitutional issues. Because the constitutional-claimant statute protects qualifying unsuccessful claimants from attorney-fee awards, the court vacated the Rule 82 award to Fair Share while affirming the trade associations’ claimant status. The court did not decide whether Fair Share could qualify as a prevailing constitutional claimant.