Totem Marine Tug & Barge Co., Inc v. Alyeska Pipeline Service Co
In Totem Marine Tug & Barge Co., Inc v. Alyeska Pipeline Service Co., 584 P.2d 15 (Alaska 1978), the Alaska Supreme Court reversed a grant of summary judgment finding that genuine issues of material fact existed concerning the validity of a release.
The Alaska Supreme Court said in Totem, "admittedly, Totem's showing in opposing summary judgement was somewhat weak in that, for example, it did not produce the testimony of Roy Bell, the attorney who represented Totem in the negotiations leading to the settlement and release. At trial, it will probably be necessary for Totem to produce this evidence if it is to prevail on its claim of duress." 584 P.2d at 25.