Alabama Case Commentaries

Contractual Waiver through Conduct Confirmed in Retail Developers of Alabama v. East Gadsden Golf Club

Date: Nov 17, 2007

Contractual Waiver through Conduct Confirmed in Retail Developers of Alabama v. East Gadsden Golf Club Introduction Retail Developers of Alabama, LLC (RDA) entered into a contractual agreement with...

Comprehensive Commentary on J.C. v. State Department of Human Resources: Upholding Parental Rights Termination under Alabama Law

Date: Oct 13, 2007

Comprehensive Commentary on J.C. v. State Department of Human Resources: Upholding Parental Rights Termination under Alabama Law Introduction The case of J.C. v. State Department of Human Resources,...

Enhanced Standards for Nursing Communication and Causation in Alabama Wrongful Death Cases

Date: Sep 15, 2007

Enhanced Standards for Nursing Communication and Causation in Alabama Wrongful Death Cases Introduction The case of Mobile Infirmary Association v. Robert E. Tyler serves as a pivotal decision in...

Reaffirming the Aspinwall Rule in Alabama Medical Malpractice: Long v. Wade, 980 So.2d 378 (Ala. 2007)

Date: Sep 1, 2007

Reaffirming the Aspinwall Rule in Alabama Medical Malpractice: Long v. Wade, 980 So.2d 378 (Ala. 2007) Introduction In the landmark case Dr. Franklin H. Long and Mobile Central OB-GYN, P.C. v. James...

Alabama Supreme Court Clarifies Venue Requirements for Forum Non Conveniens Applications

Date: Aug 25, 2007

Alabama Supreme Court Clarifies Venue Requirements for Forum Non Conveniens Applications Introduction The case of EX PARTE MILLER, HAMILTON, SNIDER ODOM, LLC, et al. establishes a significant...

Comprehensive Commentary on WATER WORKS SANITARY SEWER BOARD OF THE CITY OF MONTGOMERY v. Thelma Parks et al.

Date: Jul 14, 2007

Adverse Possession and Comprehensive Property Ownership: Insights from Water Works Sanitary Sewer Board of the City of Montgomery v. Thelma Parks et al. Introduction The case of Water Works Sanitary...

Foreseeability of Safety Feature Bypass Affirmed under Alabama AEMLD: Horn v. Mitchell

Date: May 12, 2007

Foreseeability of Safety Feature Bypass Affirmed under Alabama AEMLD: Horn v. Mitchell Introduction In the landmark case Horn v. Estate of Mitchell, decided by the Supreme Court of Alabama on May 11,...

Alabama Supreme Court Clarifies Liability of Securities Intermediaries for Forged Beneficiary Directives

Date: Mar 17, 2007

Alabama Supreme Court Clarifies Liability of Securities Intermediaries for Forged Beneficiary Directives Introduction In the case of Mary G. Davis v. Sterne, Agee and Leach, Inc., Frank R. Davis,...

Affirmation of Jury Discretion in New Trial Motions: Analysis of Jimmy Day Plumbing Heating, Inc. v. Brian Smith

Date: Mar 10, 2007

Affirmation of Jury Discretion in New Trial Motions: Analysis of Jimmy Day Plumbing Heating, Inc. v. Brian Smith Introduction In the landmark case of Jimmy Day Plumbing Heating, Inc. v. Brian Smith,...

Reevaluation of Parental Rights: In re T.V. v. B.S.

Date: Feb 10, 2007

Reevaluation of Parental Rights: In re T.V. v. B.S. Introduction The case Ex parte T.V. (In re T.V. v. B.S.), decided by the Supreme Court of Alabama on February 9, 2007, addresses the critical issue...

Saint James School Expulsion Case: Breach of Contract and Immunity Affirmed

Date: Dec 9, 2006

Saint James School Expulsion Case: Breach of Contract and Immunity Affirmed Introduction The case of S.B. et al. v. SAINT JAMES SCHOOL, John Bell, and Kevin Ketzler was adjudicated by the Supreme...

Unjust Enrichment and Rule 54(b) Certification in SCRUSHY v. TUCKER

Date: Oct 28, 2006

Unjust Enrichment and Rule 54(b) Certification in SCRUSHY v. TUCKER Introduction The case of Richard M. Scrushy v. Wade Tucker, adjudicated by the Supreme Court of Alabama in 2006, centers around...

Clarifying Bad Faith Claims in Insurance: Alabama Supreme Court in White v. State Farm

Date: Sep 23, 2006

Clarifying Bad Faith Claims in Insurance: Alabama Supreme Court in White v. State Farm Introduction The case of James C. White, Sr., and WhiteGroup, a partnership v. State Farm Fire Casualty Company,...

Establishing the Burden of Proof in Unjust Enrichment Claims: Insights from Mantiply v. Mantiply

Date: Aug 19, 2006

Establishing the Burden of Proof in Unjust Enrichment Claims: Insights from Mantiply v. Mantiply Introduction M. Mallory Mantiply v. Mary Elizabeth Mantiply is a prominent case adjudicated by the...

Expansion of State-Agent Immunity for Peace Officers in Law Enforcement Duties: HOLLIS v. CITY OF BRIGHTON

Date: Jul 29, 2006

Expansion of State-Agent Immunity for Peace Officers in Law Enforcement Duties: HOLLIS v. CITY OF BRIGHTON Introduction Benjamin Hollis and Diane Hollis initiated a legal action against the City of...

Reversing Summary Judgments in Medical Malpractice: Insights from Prowell v. Children's Hospital of Alabama

Date: Jul 22, 2006

Reversing Summary Judgments in Medical Malpractice: Insights from Prowell v. Children's Hospital of Alabama Introduction In the landmark case of Kimberly Denise Prowell, indi v. Dually and as...

Subject-Matter Jurisdiction and Indictment Defects: Insights from Ex parte Christopher Jacques Seymour

Date: Jul 1, 2006

Subject-Matter Jurisdiction and Indictment Defects: Insights from Ex parte Christopher Jacques Seymour Introduction Ex parte Christopher Jacques Seymour, adjudicated by the Supreme Court of Alabama...

State-Agent Immunity Affirmed in In re Marquez Miles v. Estate of Johnny Reynolds and Charles Cole

Date: Jun 10, 2006

State-Agent Immunity Affirmed in In re Marquez Miles v. Estate of Johnny Reynolds and Charles Cole Introduction The case of In re Marquez Miles v. The Estate of Johnny Reynolds and Charles Cole (946...

ICN Medical Alliance v. Pritchett: A New Precedent on Vicarious Liability and Negligent Supervision

Date: Mar 11, 2006

ICN Medical Alliance v. Pritchett: A New Precedent on Vicarious Liability and Negligent Supervision Introduction In the landmark case of Teresa Pritchett v. ICN Medical Alliance, Inc., decided by the...

Strict Adherence to Formalities in LLC Membership: Insights from Brant Steele v. Rosenfeld, LLC

Date: Feb 11, 2006

Strict Adherence to Formalities in LLC Membership: Insights from Brant Steele v. Rosenfeld, LLC Introduction The case of Brant Steele v. Rosenfeld, LLC, and Lance Elkins, adjudicated by the Supreme...