Cynthia J. Notti v. David G. Hoffman

Summary

The Alaska Supreme Court considers claims arising from sexual relations between divorcing spouses after they signed a property-settlement agreement containing a broad litigation waiver but before court approval of the agreement. The court affirms dismissal of the plaintiff’s claimed tort of “rape by fraud,” holding that Alaska does not recognize that tort on the alleged facts. It reverses summary judgment concerning the remaining tort claims, holding that the settlement agreement was enforceable between the parties when signed, and remands for consideration of whether the waiver bars claims based on later intentionally tortious conduct.

Holdings

1. Alaska does not recognize a tort of rape by fraud on the alleged facts. A misrepresentation that induces consensual sexual contact but does not misrepresent the actor's identity or the nature of the act is fraud in the inducement and is not actionable as battery.
2. The settlement agreement became enforceable between Notti and Hoffman when they executed it on December 31, 2015, even though the agreement was later subject to court approval and merger into the divorce decree.
3. Summary judgment was premature and must be reversed because the settlement agreement's effective date was December 31, 2015, requiring further consideration of whether the waiver bars claims based on the March 2016 conduct and whether its future-claims language is enforceable against intentionally tortious conduct.

Questions Presented

1. Whether Alaska recognizes a tort claim for rape by fraud based on a misrepresentation about an intimate partner's intention to remain married.
2. Whether the parties' executed marital settlement agreement became enforceable between them when signed, even though it was later subject to superior-court approval and incorporation into the divorce decree.
3. Whether summary judgment was proper on Notti's remaining tort claims based on the settlement agreement's litigation waiver.

Disposition

reversed_and_remanded