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SCHIEL v. UNION OIL CO. OF CALIFORNIA

No. S-13058.

219 P.3d 1025 (2009)

Joseph SCHIEL, Plaintiff, v. UNION OIL COMPANY OF CALIFORNIA, Defendant.

Supreme Court of Alaska.

November 20, 2009.

Attorney(s) appearing for the Case

Peter R. Ehrhardt, Kenai, for Plaintiff.

Erin B. Marston, Marston & Cole, P.C., Anchorage, for Defendant.

John W. Erickson, Jr., Assistant Attorney General, Anchorage, and Talis J. Colberg, Attorney General, Juneau, for Amicus Curiae State of Alaska.

Gary M. Guarino, Assistant United States Attorney, and Nelson P. Cohen, United States Attorney, Anchorage, and Gregory G. Katsas, Assistant Attorney General, C. Frederick Beckner III, Deputy Assistant Attorney General, J. Patrick Glynn, Director, Torts Branch, David S. Fishback, Assistant Director, Adam Bain, Senior Trial Counsel, Department of Justice, Washington D.C., for Amicus Curiae United States of America.

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

OPINION

CARPENETI, Justice.

I. INTRODUCTION

We accepted certification in this case to determine whether the 2004 amendments to AS 23.30.045(a) and AS 23.30.055 violate the plaintiffs right to equal protection or due process under the Alaska Constitution. Applying minimum scrutiny, we hold that they do not.

II. FACTS AND PROCEEDINGS

Joseph Schiel sued Union Oil Company of California (UNOCAL or the company) for injuries he...

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