SEA HAWK SEAFOODS, INC. v. STATE

No. S-13107.

215 P.3d 333 (2009)

SEA HAWK SEAFOODS, INC., Appellant, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

September 11, 2009.


Attorney(s) appearing for the Case

John G. Young, Young deNormandie, and Michael T. Schein and Kevin P. Sullivan, Sullivan & Thoreson, Seattle, Washington, for Appellant.

Mary Ellen Beardsley, Assistant Attorney General, Anchorage, and Talis J. Colberg, Attorney General, Juneau, for Appellee.

Before: FABE, Chief Justice, EASTAUGH, and CARPENETI, Justices.


OPINION

FABE, Chief Justice.

I. INTRODUCTION

This appeal raises the question whether the State can waive its sovereign immunity through litigation conduct. After Sea Hawk Seafoods, Inc. obtained a final judgment against Valdez Fisheries Development Association, it alleged that Valdez Fisheries fraudulently conveyed millions of dollars to the State. The State litigated the case for almost ten years before it raised the defense of sovereign...

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