TRAVIS BUNTIN v. SCHLUMBERGER TECHNOLOGY CORPORATION
Supreme Court Nos. S-17309/17519
In the Supreme Court of the State of Alaska
June 11, 2021
U.S. District Court No. 3:16-CV-00073 (TMB)
Withdraw and Reissue Opinion
Before: Bolger, Chief Justice, Winfree, Maassen, Carney, and Borghesan, Justices
Having considered Travis Buntin‘s Petition for Rehearing and Schlumberger Technology Corporation‘s response,
IT IS ORDERED that the Petition for Rehearing is GRANTED IN PART but otherwise DENIED, and:
- Opinion No. 7521 issued on April 23, 2021, is WITHDRAWN.
- Opinion No. 7535 is issued on June 11, 2021, in its place, revising footnote 82 as follows:
One question left open in today‘s decision is whether, in addition to being precluded from giving exemptions a narrow reading, Alaska courts are required to apply general federal rules of statutory interpretation methodologies in lieu of our “sliding scale approach,” see Mat-Su Valley Med. Ctr., LLC v. Bolinder, 427 P.3d 754, 763 (Alaska 2018), when deciding cases involving AWHA exemptions explicitly linked to federal interpretation, as white collar exemptions are. The parties did not brief or argue this issue, and we do not decide it today. We note, as some scholars have pointed out, that it is not entirely clear what the federal rules of statutory
interpretation methodologies are, and, where they exist, or how binding they are. See Abbe R. Gluck, Intersystemic Statutory Interpretation: Methodology as “Law” and the Erie Doctrine, 120 YALE L. J. 1898, 1909-11 (2011) (noting that federal rules of statutory interpretation, with some notable exceptions, are largely unresolved).
Entered by direction of the court.
Clerk of the Appellate Courts
/s/
Meredith Montgomery
cc: Supreme Court Justices
Distribution:
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Daniel Pace Pace Law Offices 101 E. Ninth, #7A Anchorage, AK 99501 |
Aaron D. Sperbeck Birch Horton Bittner & Cherot 510 “L” Street, #700 Anchorage, AK 99501 |
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Timothy W. Seaver Seaver & Wagner, LLC 500 “L” Street, #501 Anchorage, AK 99501 |
Martin J. Regimbal Jennifer D. Sims The Kullman Firm, P.L.C. 119 Third Street S., #2 Columbus MS 39701 |
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Kenneth Legacki Kenneth W. Legacki, PC 2207 Spenard Road, #209 Anchorage, AK 99501 |
Samuel Zurik, III Robert P. Lombardi Bryan Edward Bowdler The Kullman Firm, P.L.C. 1100 Poydras Street, #1600 New Orleans, LA 70163 |
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William J. Evans Sedor Wendlandt Evans & Filippi, LLC 500 “L” Street, #500 Anchorage, AK 99501 |