Patrick v. Lynden Transport, Inc.

OPINION

COMPTON, Justice.

In this case, we consider whether an out-of-state plaintiff may be statutorily required to post a bond for anticipated costs and attorney fees as a condition of maintaining suit in an Alaska court. The statutory requirement is challenged on a variety of constitutional grounds.1

We hold that the statute violates equal protection of law under the Alaska Constitution because it unreasonably restricts nonresident access to Alaska courts.

I. FACTUAL AND PROCEDURAL BACKGROUND

Robert Patrick resided in Alaska from 1981 to 1986. During that time he leased a truck to Lynden…