The deadline to put in Carlson claims has been extended.
Carlson was a class-action case that resulted in an order for millions of dollars in refunds to be paid to nonresidents who were charged excessive Alaska commercial fishing fees.
Refund payments began in January, and the deadline to apply for a refund passed a few days ago.
But now, a judge has ordered an extension of the deadline until midnight Dec. 31.
That's because new claims are still coming in, and the case administrator believes many class members haven't yet received word of the refund opportunity. Details here.
It appears more than $3 million is still up for grabs.
Showing posts with label Carlson. Show all posts
Showing posts with label Carlson. Show all posts
Sunday, September 22, 2013
Tuesday, January 8, 2013
About those Carlson payments
Several folks have asked Deckboss when they can expect checks from the Carlson case.
As you'll recall, the Carlson case was a long-running class action that resulted in the state being ordered to refund millions of dollars to nonresident commercial fishermen overcharged for permits and licenses.
It appeared refund checks might go in the mail before year's end, but that didn't happen.
Loren Domke, the Juneau attorney for the fishermen plaintiffs, today provided an update.
"The first batch of over 2,200 checks will be sent out tomorrow," he said.
Some problems including "accounting issues" took longer to sort out than expected, Domke said.
But the payout will come well within the specified four-month deadline from the court's mid-October disbursement order, he said.
As you'll recall, the Carlson case was a long-running class action that resulted in the state being ordered to refund millions of dollars to nonresident commercial fishermen overcharged for permits and licenses.
It appeared refund checks might go in the mail before year's end, but that didn't happen.
Loren Domke, the Juneau attorney for the fishermen plaintiffs, today provided an update.
"The first batch of over 2,200 checks will be sent out tomorrow," he said.
Some problems including "accounting issues" took longer to sort out than expected, Domke said.
But the payout will come well within the specified four-month deadline from the court's mid-October disbursement order, he said.
Thursday, October 25, 2012
Expect Carlson checks soon
The marathon Carlson class-action case is finally at the finish line.
An Alaska judge has signed an order directing the disbursement of refunds to nonresident commercial fishermen the state overcharged for permits and licenses.
The refund administrator, A.B. Data of Milwaukee, Wis., is expected to start sending out checks soon, perhaps within a week.
Find the payout list and other information at carlsonrefund.com.
An Alaska judge has signed an order directing the disbursement of refunds to nonresident commercial fishermen the state overcharged for permits and licenses.
The refund administrator, A.B. Data of Milwaukee, Wis., is expected to start sending out checks soon, perhaps within a week.
Find the payout list and other information at carlsonrefund.com.
Wednesday, August 29, 2012
Final judgment entered in epic Carlson case; thousands of fishermen could soon see refunds
The state of Alaska is on the brink of refunding millions of dollars in the Carlson case, an epic class action concerning overcharges to nonresidents for commercial fishing licenses and permits.
On Monday, a state Superior Court judge entered this final judgment ordering a payout of more than $33.5 million.
The state Commercial Fisheries Entry Commission has prepared this list of fishermen to receive refunds. As you can see, some of the payments will be substantial, even exceeding $50,000.
The CFEC is expected to publish a public notice soon with more details.
My understanding is that refunds could be mailed at the end of October.
On Monday, a state Superior Court judge entered this final judgment ordering a payout of more than $33.5 million.
The state Commercial Fisheries Entry Commission has prepared this list of fishermen to receive refunds. As you can see, some of the payments will be substantial, even exceeding $50,000.
The CFEC is expected to publish a public notice soon with more details.
My understanding is that refunds could be mailed at the end of October.
Friday, January 20, 2012
Alaska Supreme Court deals nonresident fishermen a costly blow in the long-fought Carlson case
Read the high court's 26-page opinion here.
The Alaska Department of Law issued the following press release:
Jan. 20, 2012
Alaska Supreme Court reduces judgment by $50 million
ANCHORAGE — A unanimous Alaska Supreme Court decided today in the State v. Carlson case to cut approximately $50 million from a judgment awarded to nonresident commercial fishermen who had filed a class action lawsuit against the Alaska Commercial Fisheries Entry Commission.
In so doing, the court overturned one of its own earlier decisions in the case, which had ordered the state to pay the interest rate that applies to delinquent taxes — 11 percent compounded quarterly.
In today's decision, the court substituted the standard prejudgment interest rate for court judgments.
The case was filed in 1984 by non-Alaskan commercial fishermen who disputed the higher commercial fishing fees that Alaska charged to nonresidents.
The state was ordered to refund some of the fees after the court found that while the state can charge higher fees to nonresidents, the additional payment must be related to the nonresidents' share of the state's cost of managing Alaska's commercial fisheries.
The amount of overpaid fees that the state was ordered to refund was approximately $12.5 million and the interest initially awarded for this judgment was about $62 million.
Under today's decision, the interest will be reduced to about $12 million.
This is the fifth time the Alaska Supreme Court has heard an appeal in this case. The court issued earlier decisions in 1990, 1996, 2003 and 2008.
In these earlier decisions, the court decided that nonresidents can be charged a higher rate, determined the elements of the fisheries budget that were relevant to calculating the appropriate rate, and set the prejudgment interest rate that would apply to an overpayment.
In today's opinion, the court reconsidered and overturned that interest rate decision, which it made in the third appeal ("Carlson III").
The Alaska Department of Law issued the following press release:
Jan. 20, 2012
Alaska Supreme Court reduces judgment by $50 million
ANCHORAGE — A unanimous Alaska Supreme Court decided today in the State v. Carlson case to cut approximately $50 million from a judgment awarded to nonresident commercial fishermen who had filed a class action lawsuit against the Alaska Commercial Fisheries Entry Commission.
In so doing, the court overturned one of its own earlier decisions in the case, which had ordered the state to pay the interest rate that applies to delinquent taxes — 11 percent compounded quarterly.
In today's decision, the court substituted the standard prejudgment interest rate for court judgments.
The case was filed in 1984 by non-Alaskan commercial fishermen who disputed the higher commercial fishing fees that Alaska charged to nonresidents.
The state was ordered to refund some of the fees after the court found that while the state can charge higher fees to nonresidents, the additional payment must be related to the nonresidents' share of the state's cost of managing Alaska's commercial fisheries.
The amount of overpaid fees that the state was ordered to refund was approximately $12.5 million and the interest initially awarded for this judgment was about $62 million.
Under today's decision, the interest will be reduced to about $12 million.
This is the fifth time the Alaska Supreme Court has heard an appeal in this case. The court issued earlier decisions in 1990, 1996, 2003 and 2008.
In these earlier decisions, the court decided that nonresidents can be charged a higher rate, determined the elements of the fisheries budget that were relevant to calculating the appropriate rate, and set the prejudgment interest rate that would apply to an overpayment.
In today's opinion, the court reconsidered and overturned that interest rate decision, which it made in the third appeal ("Carlson III").
Thursday, December 15, 2011
An update on the Carlson case
Deckboss doesn't have time right now to get into the particulars, but he can advise you of a little news with regard to the long-running Carlson case.
The Alaska Supreme Court is scheduled to hear oral argument in the matter starting at 10 a.m. today.
For background on the case and the stakes involved, here's a piece by yours truly from the June 2010 issue of Pacific Fishing magazine:
Carlson case grinds on
The Alaska Legislature in April appropriated nearly $75 million to repay nonresident commercial fishermen for overcharges on permit fees. Thousands of fishermen could receive a piece of the money. But don't start looking for a check just yet.
The potential refunds stem from the Carlson class-action lawsuit — litigation so lengthy and contorted it evokes the Dickens novel "Bleak House."
Outside fishermen sued the state in 1984, upset Alaska charged them triple what residents paid for fishing privileges.
The epic case has made four trips to the Alaska Supreme Court. The suit has succeeded in equalizing the annual "base fee" all fishermen pay to obtain or renew a permit — though nonresidents continue to pay a "surcharge" of $140.
Anyway, government lawyers have battled with considerable success through the years to whittle down the state's liability under Carlson. Out of a class that once numbered 95,000 members, only 4,705 now stand to receive any money. These are limited entry permit holders; crew license holders no longer qualify for refunds.
Under the latest ruling from state Superior Court Judge Peter Michalski, the state owes about $12.4 million in refunds plus $62.4 million in interest.
While the Legislature has appropriated these sums, that doesn't mean the state is yet prepared to pay out the money. No, this 26-year court fight is not over.
On March 24, the state attorney general appealed the Carlson case again to the Alaska Supreme Court, asking the justices to either toss the $62.4 million in interest or apply a lower interest rate.
What does it all mean?
"We're not about to cut checks," said Bill McAllister, spokesman for the attorney general.
The Alaska Supreme Court is scheduled to hear oral argument in the matter starting at 10 a.m. today.
For background on the case and the stakes involved, here's a piece by yours truly from the June 2010 issue of Pacific Fishing magazine:
Carlson case grinds on
The Alaska Legislature in April appropriated nearly $75 million to repay nonresident commercial fishermen for overcharges on permit fees. Thousands of fishermen could receive a piece of the money. But don't start looking for a check just yet.
The potential refunds stem from the Carlson class-action lawsuit — litigation so lengthy and contorted it evokes the Dickens novel "Bleak House."
Outside fishermen sued the state in 1984, upset Alaska charged them triple what residents paid for fishing privileges.
The epic case has made four trips to the Alaska Supreme Court. The suit has succeeded in equalizing the annual "base fee" all fishermen pay to obtain or renew a permit — though nonresidents continue to pay a "surcharge" of $140.
Anyway, government lawyers have battled with considerable success through the years to whittle down the state's liability under Carlson. Out of a class that once numbered 95,000 members, only 4,705 now stand to receive any money. These are limited entry permit holders; crew license holders no longer qualify for refunds.
Under the latest ruling from state Superior Court Judge Peter Michalski, the state owes about $12.4 million in refunds plus $62.4 million in interest.
While the Legislature has appropriated these sums, that doesn't mean the state is yet prepared to pay out the money. No, this 26-year court fight is not over.
On March 24, the state attorney general appealed the Carlson case again to the Alaska Supreme Court, asking the justices to either toss the $62.4 million in interest or apply a lower interest rate.
What does it all mean?
"We're not about to cut checks," said Bill McAllister, spokesman for the attorney general.
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