Williams v. Bristol Bay Native Corporation
Plaintiff Lisa Williams (“Williams”) filed the Complaint on April 23, 2018. On June 28, 2018, Defendant Bristol Bay Native Corporation (“BBNC”) moved for summary judgement and to dismiss the lawsuit, arguing that the claim is barred by the two-year tort statute of limitations. Williams filed an Opposition and requested oral argument on July 18, 2018, arguing that the two-year statute of limitations is inapplicable and instead the three-year contract statute of limitations or the ten-year catchall statute of limitations applies to this case. BBNC filed its Reply on July 30, 2018. Oral argument was held on August 20, 2018. Williams filed a supplemental memorandum on August 27, 2018. BBNC’s response to the supplemental memorandum was filed on September 4, 2018. The Court has reviewed and considered the documents filed in the case, together with the arguments of counsel, and now issues an Order Granting BBNC’s Motion for Summary Judgement for the reasons set forth below.The parties agree to the facts stated herein, and agree to the question of which statute of limitations applies to this case is ripe for decision on summary judgement.Lisa Williams alleges that 37 shares of BBNC stock were wrongfully transferred to Defendants Jessie Elizabeth Williams (“Jessie”) and Cody Francis Williams (“Cody”) after her husband, Earl A. Williams (“Earl”), passed away in February, 2014.[1] Earl drafted and signed a handwritten will in 2013, leaving all of his property to Lisa Williams.[2] Earl registered the 2013 will with the Anchorage Superior Court on May 9, 2013.[3] On February 17, 2014, he executed another handwritten will, which purported to supersede and revoke the 2013 will, and to leave all of his worldly possessions to his children, Jessie and Cody Williams.[4] Earl’s 2013 will admitted to probate, and Lisa Williams was appointed as Personal Representative.[5]
Adds precedent that influences how ANCSA corporations, regulators, and shareholders interpret governance rights and remedies.