Richard Harris v. Ahtna, Inc., Ahtna Government Services Corporation, Ken Johns, Paul Tony, and Neil Anderson

Summary

The Supreme Court of Alaska affirmed a trial court judgment against Richard Harris arising from self-dealing transactions involving Ahtna Government Services Corporation and companies associated with Harris. The court held that the allocation of the burden of proof was harmless because Ahtna Government Services had established unfairness by clear and convincing evidence, upheld the trial court's factual findings, and affirmed admission of disputed time sheets as evidence. The judgment included damages and attorney's fees awarded to Ahtna Government Services, Ahtna, Inc., and individual defendants.

Holdings

1. Any error in assigning Harris the burden to prove that the transactions were fair was harmless because Ahtna Government Services independently proved by clear and convincing evidence that the transactions were unfair.
2. The superior court's findings were not clearly erroneous.
3. A trial court may adopt findings and conclusions prepared by counsel when they reflect the court's independent view of the weight of the evidence.
4. The superior court did not abuse its discretion by admitting the time sheets.

Questions Presented

1. Whether the superior court improperly allocated the burden of proof under Alaska Statute 10.06.478 governing related-party transactions.
2. Whether the superior court's factual findings concerning the Clear and Kulis projects and the rental of office space were clearly erroneous.
3. Whether the superior court improperly adopted proposed findings of fact prepared by counsel.
4. Whether the superior court abused its discretion by admitting Exhibit 79, Pacific Native Development employee time sheets, despite Harris's claims of unfair surprise and prejudice.

Disposition

affirmed