Alabama Case Commentaries

Affirmation of Liability for Wanton Trespass Upon Ignoring Certificates of Redemption

Date: Nov 25, 2010

Affirmation of Liability for Wanton Trespass Upon Ignoring Certificates of Redemption Introduction Case: Morris v. Hires, Jr., Court: Supreme Court of Alabama Date: November 24, 2010 Citation: 67 So....

Walker v. City of Huntsville: Clarifying State-Agent Immunity and Collateral Estoppel in State-Law Claims

Date: Nov 25, 2010

Walker v. City of Huntsville: Clarifying State-Agent Immunity and Collateral Estoppel in State-Law Claims Introduction In Julia Huff Walker v. City of Huntsville et al. (62 So. 3d 474), the Supreme...

Affirmation of Easement Requirements in Sharon Melton v. Harbor Pointe, LLC

Date: Sep 11, 2010

Affirmation of Easement Requirements in Sharon Melton v. Harbor Pointe, LLC Introduction Sharon Melton v. Harbor Pointe, LLC is a notable case adjudicated by the Supreme Court of Alabama on September...

Expansion of §6-2-3 for Fraudulent Concealment and Affirmation of Individual Standing in Shareholder Litigation: DGB, LLC v. Michael Hinds

Date: Jul 1, 2010

Expansion of §6-2-3 for Fraudulent Concealment and Affirmation of Individual Standing in Shareholder Litigation: DGB, LLC v. Michael Hinds Introduction In the landmark case of DGB, LLC, et al. v....

Procedural Arbitrability and Conditions Precedent in Arbitration: Analysis of Brasfield Gorrie, L.L.C. v. Soho Partners, L.L.C.

Date: Oct 17, 2009

Procedural Arbitrability and Conditions Precedent in Arbitration: Analysis of Brasfield Gorrie, L.L.C. v. Soho Partners, L.L.C. Introduction The case of Brasfield Gorrie, L.L.C. v. Soho Partners,...

Clarifying Tortious Interference: White Sands Group v. PRS II, LLC

Date: Sep 5, 2009

Clarifying Tortious Interference: White Sands Group v. PRS II, LLC Introduction White Sands Group, L.L.C. ("White Sands") and Jeff Valentine appealed a summary judgment in favor of PRS II, LLC, Peter...

Shaffer v. Regions Financial: Enforceability of Change-of-Control Agreements and Standards for Summary Judgment

Date: Aug 29, 2009

Shaffer v. Regions Financial: Enforceability of Change-of-Control Agreements and Standards for Summary Judgment Introduction Shaffer v. Regions Financial Corporation is a landmark case adjudicated by...

Open and Obvious Hazards in Premises Liability: Insights from Dolgencorp, Inc. v. Arlie Taylor

Date: Aug 29, 2009

Open and Obvious Hazards in Premises Liability: Insights from Dolgencorp, Inc. v. Arlie Taylor Introduction Dolgencorp, Inc. v. Arlie Taylor, 28 So. 3d 737 (Supreme Court of Alabama, 2009), is a...

Shoney's LLC v. Mac East, LLC: Sole Discretion in Lease Subleasing Not Subject to Commercial Reasonableness Standard

Date: Aug 1, 2009

Sole Discretion in Lease Subleasing Not Subject to Commercial Reasonableness Standard Introduction In the case of Shoney's LLC v. Mac East, LLC., decided by the Supreme Court of Alabama on July 31,...

Reversing Bad Counts: The Significance of MOBILE OB-GYN, P.C. v. Wendy Godwin Baggett in Medical Malpractice Litigation

Date: Jun 13, 2009

Reversing Bad Counts: The Significance of MOBILE OB-GYN, P.C. v. Wendy Godwin Baggett in Medical Malpractice Litigation Introduction MOBILE OB-GYN, P.C. v. Wendy Godwin Baggett is a landmark case...

Affirmation of Intervening Cause and Non-Entrustment in Wrongful Death and Negligent Entrustment Claims

Date: May 9, 2009

Affirmation of Intervening Cause and Non-Entrustment in Wrongful Death and Negligent Entrustment Claims Introduction The case of Cindy Prill, as administratrix of the estate of Michael David Prill,...

Clarifying Appellate Review Standards in Workers' Compensation: The Precedent Set by In re KGS Steel, Inc. v. Donald McInish

Date: Dec 20, 2008

Clarifying Appellate Review Standards in Workers' Compensation: The Precedent Set by In re KGS Steel, Inc. v. Donald McInish Introduction The case of In re KGS Steel, Inc. v. Donald McInish (47 So....

Jones v. Alfa Mutual: Distinguishing Normal and Abnormal Bad-Faith Claims in Insurance Law

Date: Aug 16, 2008

Jones v. Alfa Mutual: Distinguishing Normal and Abnormal Bad-Faith Claims in Insurance Law Introduction Harold Jones and Pam Jones v. Alfa Mutual Insurance Company, adjudicated by the Supreme Court...

Definiteness in Real Estate Contracts and Tortious Interference: White Sands Group v. PRS II, LLC

Date: Jun 14, 2008

Definiteness in Real Estate Contracts and Tortious Interference: White Sands Group v. PRS II, LLC Introduction The case of White Sands Group, L.L.C.; Jeff Valentine; and Chris Rolison v. PRS II, LLC,...

Revisiting Parental Rights Termination: Insights from Ex parte J.E. v. V.C.E.

Date: May 10, 2008

Revisiting Parental Rights Termination: Insights from Ex parte J.E. v. V.C.E. Introduction The Supreme Court of Alabama, in the case of Ex parte J.E. (In re J.E. v. V.C.E.), addressed the complex...

Essary v. Burrell: Establishing the Threshold for Wantonness in Traffic Collisions

Date: Apr 26, 2008

Essary v. Burrell: Establishing the Threshold for Wantonness in Traffic Collisions 1. Introduction The case of Ex parte Thomas Wade Essary (In re Latrice Burrell, Irene Banks, and Loretta Pratcher v....

Enforcement of Arbitration Agreements: Burden of Initiating Arbitration on Aggrieved Parties

Date: Apr 19, 2008

Enforcement of Arbitration Agreements: Burden of Initiating Arbitration on Aggrieved Parties Introduction The Supreme Court of Alabama's decision in Chris Myers Pontiac-GMC, Inc., d/b/a Chris Myers...

Marble City Plaza v. State of Alabama: Redefining Prejudgment Interest Calculation in Eminent Domain Proceedings

Date: Mar 1, 2008

Marble City Plaza v. State of Alabama: Redefining Prejudgment Interest Calculation in Eminent Domain Proceedings Introduction The case of Ex parte Marble City Plaza, Inc. (In re State of Alabama v....

Application of the Learned-Intermediary Doctrine in Medical Negligence: Springhill Hospitals, Inc. v. Sharon Larrimore

Date: Mar 1, 2008

Application of the Learned-Intermediary Doctrine in Medical Negligence: Springhill Hospitals, Inc. v. Sharon Larrimore Introduction In the landmark case of Springhill Hospitals, Inc. d/b/a Springhill...

Utility Pole Ownership and Duty of Care: DiBiasi v. Joe Wheeler Electric Membership Corp.

Date: Jan 12, 2008

Utility Pole Ownership and Duty of Care: DiBiasi v. Joe Wheeler Electric Membership Corp. Introduction The case of Narriman DiBiasi and Julia Brewer, as co-administratrixes of the estate of Dominic...