With no explanation, chose the best option from "A", "B", "C" or "D". required empirical evidence that frequent suits are likely."). 37 . AS 36.30.585(c) ("[Ilf a protest is sustained in whole or part, the protester's damages are limited to reasonable bid or proposal preparation costs."). 38 . Aspen, 739 P.2d at 158 (quoting W. Prosser, Hanpsoox or THE Law or Torts § 132 at 989 (4th ed. 1971) ("[Official immunity should not become a cloak for malicious, corrupt, and otherwise outrageous conduct on the part of those guilty of intentional abuse of power. ...")). 39 . Carr-Gottstein Foods Co. v. Wasilla, LLC, 182 P.3d 1131, 1136 (Alaska 2008) (quoting Milne v. Anderson, 576 P.2d 109, 112 (Alaska 1978)). 40 . See Hidden Heights Assisted Living, Inc. v. State, Dep't of Health & Soc. Servs., Div. of Health Care Servs., 222 P.3d 258, 270 n. 60 (Alaska 2009) (<HOLDING>); Adamson v. Univ. of Alaska, 819 P.2d 886, 889

A: holding failure to raise issue in statement of points does not forfeit it on appeal
B: holding an argument waived on appeal for failure to raise the issue in objection to the magistrates recommendation
C: holding an argument to be waived for inadequate briefing and failure to raise the issue in the statement of points on appeal
D: holding failure to file statement of points is no bar to appeal
C.