Alabama Case Commentaries

Arbitrator Determination of Arbitrability in Managed Health Care Administration v. Blue Cross

Date: Sep 2, 2017

Arbitrator Determination of Arbitrability in Managed Health Care Administration v. Blue Cross Introduction The case of Managed Health Care Administration, Inc., and Alabama Psychiatric Services, P.C....

Limits on Vicarious Liability and Nondelegable Duties in Alabama Medical Malpractice: Insights from Melissa Bain v. Helen Keller Hospital

Date: Feb 11, 2017

Limits on Vicarious Liability and Nondelegable Duties in Alabama Medical Malpractice: Insights from Melissa Bain v. Helen Keller Hospital Introduction In the case of Melissa Bain, in her capacity as...

Hilyer v. Fortier: Reinforcing the Application of Kirtland Factors in Default Judgment Relief

Date: Jan 7, 2017

Hilyer v. Fortier: Reinforcing the Application of Kirtland Factors in Default Judgment Relief Introduction Hilyer v. Fortier, 227 So.3d 13 (Ala. 2017), is a pivotal case decided by the Supreme Court...

Enforcement of Arbitration Agreements in Real Estate Transactions: Bugs "R" Us, LLC v. McCants

Date: Nov 19, 2016

Enforcement of Arbitration Agreements in Real Estate Transactions: Bugs "R" Us, LLC v. McCants Introduction The case of Bugs "R" Us, LLC v. Autumn Willard McCants (223 So.3d 913) adjudicated by the...

Termination of Parental Rights Based on Abandonment: K.S.B. v. M.C.B. Analysis

Date: Sep 17, 2016

Termination of Parental Rights Based on Abandonment: K.S.B. v. M.C.B. Analysis Introduction The case K.S.B. v. M.C.B. (219 So. 3d 650) adjudicated by the Alabama Court of Civil Appeals on September...

Affirmation of Juvenile Court's Dependency Determinations in C.O. v. Jefferson County Department of Human Resources

Date: Apr 2, 2016

Affirmation of Juvenile Court's Dependency Determinations in C.O. v. Jefferson County Department of Human Resources Introduction In the landmark case of C.O. v. Jefferson County Department of Human...

Alabama Supreme Court Establishes Arbitration Authority Over Arbitrability Issues in Federal Insurance Disputes

Date: Dec 19, 2015

Alabama Supreme Court Establishes Arbitration Authority Over Arbitrability Issues in Federal Insurance Disputes Introduction In the case of Federal Insurance Company v. Kert Reedstrom, reported at...

Affirmation of Judgment in Professional Appraisal Negligence: Riverstone Development Co., Inc. v. Garrett & Associates Appraisals, Inc.

Date: Oct 24, 2015

Affirmation of Judgment in Professional Appraisal Negligence: Riverstone Development Co., Inc. v. Garrett & Associates Appraisals, Inc. Introduction Riverstone Development Co., Inc. v. Garrett &...

Jurisdictional Nullity of Municipal Ordinances Incorporating Unconstitutional State Statutes: Tulley v. City of Jacksonville

Date: Sep 5, 2015

Jurisdictional Nullity of Municipal Ordinances Incorporating Unconstitutional State Statutes: Tulley v. City of Jacksonville Introduction Tulley v. City of Jacksonville is a landmark case adjudicated...

Enforcement of Arbitration Provisions in Homeowner's Insurance Policies Confirmed

Date: Jun 27, 2015

Enforcement of Arbitration Provisions in Homeowner's Insurance Policies Confirmed Introduction In the landmark case of American Bankers Insurance Company of Florida v. Gladys Tellis (2015), the...

Baldwin Mutual Insurance Co. v. Adair: Clarifying Appraisal Processes in Alabama Insurance Contracts

Date: Oct 1, 2014

Baldwin Mutual Insurance Co. v. Adair: Clarifying Appraisal Processes in Alabama Insurance Contracts Introduction Baldwin Mutual Insurance Company (BMIC) filed an appeal against a decision by the...

Delegation of Arbitrability to Arbitrators for Nonsignatories: Alabama Supreme Court in Jackson Key Practice Solutions LLC v. The Practice–Monroeville, P.C.

Date: Sep 27, 2014

Delegation of Arbitrability to Arbitrators for Nonsignatories: Alabama Supreme Court in Jackson Key Practice Solutions LLC v. The Practice–Monroeville, P.C. Introduction The case of Eric Anderton and...

Alabama Supreme Court Establishes Limitation on Considering Potential Bad-Faith Claims in Remittitur Analysis

Date: Aug 2, 2014

Alabama Supreme Court Establishes Limitation on Considering Potential Bad-Faith Claims in Remittitur Analysis Introduction In the pivotal case of Frank GILLIS, M.D. v. Joey FRAZIER, as executor of...

State Farm Fire and Casualty Company v. Brechbill: Clarifying Bad-Faith Insurance Claims

Date: Jan 18, 2014

State Farm Fire and Casualty Company v. Shawn Brechbill: Clarifying Bad-Faith Insurance Claims Introduction State Farm Fire and Casualty Company v. Shawn Brechbill, 144 So. 3d 248 (Ala. 2014), is a...

Supreme Court of Alabama Validates Writ of Mandamus for Forum Non Conveniens Dismissal in Transportation Leasing & Aquilex Hydrochem Case

Date: May 4, 2013

Supreme Court of Alabama Validates Writ of Mandamus for Forum Non Conveniens Dismissal in Transportation Leasing & Aquilex Hydrochem Case Introduction The case of Ex parte TRANSPORTATION LEASING...

Alabama Supreme Court Clarifies 'Meeting' Under the Open Meetings Act: SLAGLE v. Be (125 So.3d 117)

Date: Mar 30, 2013

Alabama Supreme Court Clarifies 'Meeting' Under the Open Meetings Act: SLAGLE v. Be (125 So.3d 117) Introduction Clay C. Slagle filed a lawsuit against seven members of the Montgomery County Board of...

Alabama Supreme Court Establishes Custodial Parent's Exclusive Right to Choose Venue in Custody Modification Cases

Date: Dec 1, 2012

Alabama Supreme Court Establishes Custodial Parent's Exclusive Right to Choose Venue in Custody Modification Cases Introduction In the landmark case of In re John Earl Brandon v. Carolyn Anne...

Affirmation of Remittitur in Wrongful Death Medical Malpractice: Randall Boudreaux, M.D. v. Pettaway

Date: Sep 29, 2012

Affirmation of Remittitur in Wrongful Death Medical Malpractice: Randall Boudreaux, M.D. v. Pettaway Introduction The case of Randall Boudreaux, M.D., et al. v. Paula Pettaway serves as a significant...

Defining the Bounds of Tort of Outrage: Benjamin L. Little v. Gene Robinson

Date: Apr 9, 2011

Defining the Bounds of Tort of Outrage: Benjamin L. Little v. Gene Robinson Introduction The case of Benjamin L. Little v. Gene Robinson presents a significant examination of the tort of outrage...

Expansion of Occupational Disability Compensation Criteria: In re Vintage Pharmaceuticals, LLC v. Thomas Hayes

Date: Mar 19, 2011

Expansion of Occupational Disability Compensation Criteria: In re Vintage Pharmaceuticals, LLC v. Thomas Hayes Introduction The case of In re Vintage Pharmaceuticals, LLC v. Thomas Hayes represents a...