Legal Opinion

Kazan v. Dough Boys, Inc.

Alaska Supreme Court

Decided February 20, 2009No. S-12830PublishedCited by 7 opinions

1Opinion of the Court

OPINION

FABE, Chief Justice.

I. INTRODUCTION

This appeal arises from a claim based on the filing of a financing statement with an overly broad description of the property subject to a lien under Revised Article 9 of the Uniform Commercial Code. A single overarching question is presented: Is it error as a matter of law to rescind a settlement agreement with respect to one party and not the other? In the proceedings below, the trial court awarded Dough Boys, Inc. $60,000 in damages after holding that Nicholas Kazan used his overbroad financing statement to "leverage" a $60,000 settlement payment…

2Cases cited19 opinions

  1. Guin v. HaAlaska Supreme Court · 1979
  2. United States v. Bethlehem Steel Corp.Supreme Court of the United States · 1942
  3. In the Matter of Amex-Protein Development Corporation, Bankrupt. M. Nolden, Trustee of Estate of Bankrupt v. Plant ReclamationCourt of Appeals for the Ninth Circuit · 1974
  4. In Re Bakersfield Westar Ambulance, Inc., Debtor. Randell Parker v. Community First BankCourt of Appeals for the First Circuit · 1997
  5. Davis v. DykmanAlaska Supreme Court · 1997

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3Cited by7 opinions

  1. Hansen v. DavisAlaska Supreme Court · 2009
  2. Municipality of Anchorage v. StensethAlaska Supreme Court · 2015
  3. Commercial Recycling Center, Ltd. v. Hobbs Industries, Inc.Alaska Supreme Court · 2010
  4. Chambers v. ScofieldAlaska Supreme Court · 2011
  5. Ronald P. Alleva a/k/a Ron Alleva; Annette M. Alleva; Alleva Investments, LLC; and Grubstake Auction Company v. Municipality of Anchorage; Heritage Land Bank; Catholic Social Services, Inc.; and Bean's Café, Inc.Alaska Supreme Court · 2020

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