Price v. UNISEA, Inc.
289 P.3d 914
Alaska2012Background
- Price, an Alaska worker at IPHC's funded job site, slipped and was injured on the job in 2006.
- IPHC is a public international organization, designated under the IOIA, with immunity from suit.
- Employment Agreement designated Washington law and limited BC workers' comp and benefits, implying no BC-based coverage.
- IPHC acknowledged immunity and did not carry workers’ compensation insurance; Price sought relief in Alaska state court.
- Superior Court granted dismissal on immunity grounds; discovery and waiver arguments followed without changing immunity.
- IPHC was ultimately deemed immune; Price’s damages and IPHC’s attorney’s fees were adjudicated in separate proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether IPHC has absolute immunity from suit. | Price argues IPHC waived immunity via contract terms. | IPHC contends IOIA provides absolute immunity with no waiver absent express consent or presidential action. | IPHC immunities affirmed; absolute immunity applies |
| Whether Paragraphs 12 and 25 of the Employment Agreement constitute an express waiver of immunity. | Price asserts waiver through benefits language and choice-of-law provision. | IPHC maintains no waiver; clauses are not forum or waiver provisions. | No express waiver found; immunity preserved |
| Whether Price is entitled to further discovery on immunity/waiver. | Price requests limited discovery to test waiver scope and dispute resolution. | Discovery beyond limited scope would not alter immunity analysis; requests were overbroad. | No further discovery warranted |
| Whether IPHC is entitled to attorney's fees under Civil Rule 82 when immunity defeated litigation. | Price opposes enhanced or even standard fees; argues costs were unreasonable. | IPHC claims prevailing-party status; seeks 20% (or higher per court) of reasonable fees due to complexity. | Court awarded 20% of incurred reasonable fees; no abuse of discretion |
Key Cases Cited
- Atkinson v. Inter-American Development Bank, 156 F.3d 1335 (D.C. Cir. 1998) (IOIA absolute immunity for international organizations affirmed)
- Broadbent v. Org. of American States, 628 F.2d 27 (D.C. Cir. 1980) (president can modify immunity; FSIA ignores IOIA for orgs)
- Mendaro v. World Bank, 717 F.2d 610 (D.C. Cir. 1983) (waivers and immunity considerations for IOIA bodies)
- Tuck v. Pan Am. Health Org., 668 F.2d 547 (D.C. Cir. 1981) (limited discovery may be appropriate where jurisdictional facts are disputed)
- Polak v. International Monetary Fund, 657 F. Supp. 2d 116 (D.D.C. 2009) (limited discovery on jurisdictional issues; only waiver facts material)