Alaska Rent-A-Car, Inc. v. Avis Budget Group, Inc.
Opinion
Opinion
Kleinfeld, J.
Several state law questions arise in this appeal, and three federal law questions, whether expert testimony should have been excluded under Daubert , whether disallowance of a peremptory challenge was Batson error and if so whether it was harmless, and whether Alaska “English Rule” attorneys fee awards may be awarded in a diversity action where Alaska is the forum state but another state’s law governs the dispute.
FACTS
Alaska Rent-A-Car’s predecessor began doing business as an Avis licensee in 1956, three years before Alaska attained statehood. Most other Avis licensees had a defined territory in a locality, not an entire state, within which they had the exclusive right to rent cars on behalf of Avis. Avis reasonably considered Alaska different.
In its 1959 agreement, the Alaska Avis licensee was entitled to operate in the “entire State of Alaska,” about 20% of the entire United States, but a negligible percentage of the nation’s roads. The license was renewed in 1965, this time giving Alaska Rent-A-Car exclusive rights in specific locations within Alaska. A 1976 amendment added additional locations to the license agreement, and gave Alaska Rent-