Alabama Case Commentaries

Judicial Reassignment Procedures Affirmed in Atchley v. Fuller

Date: Feb 11, 2006

Judicial Reassignment Procedures Affirmed in Atchley v. Fuller Introduction The case of James Kenneth Atchley, Sr. v. Lawton Dale Fuller, adjudicated by the Supreme Court of Alabama on February 10,...

Alabama Supreme Court Clarifies State-Agent Immunity Standards in Mandamus Relief: In re Patricia Arnold v. City of Tuskegee

Date: Dec 31, 2005

Alabama Supreme Court Clarifies State-Agent Immunity Standards in Mandamus Relief Introduction In the landmark case of In re Patricia Arnold v. City of Tuskegee, John Moon, Theodore Moon, Willie Dean...

Clarification of Venue Rules in Divisional Courts: Ex Parte The Children's Hospital of Alabama

Date: Dec 10, 2005

Clarification of Venue Rules in Divisional Courts: Ex Parte The Children's Hospital of Alabama Introduction The case of Ex parte The Children's Hospital of Alabama and Martha Pszyk serves as a...

Alabama Supreme Court Sets New Precedent on Insurer's Duty to Defend: Hartford v. Merchants Farmers Bank

Date: Nov 19, 2005

Alabama Supreme Court Sets New Precedent on Insurer's Duty to Defend: Hartford v. Merchants Farmers Bank Introduction In the landmark case of Hartford Casualty Insurance Company v. Merchants Farmers...

Limits on Deed Reformation Due to Mutual Mistake: Analysis of Fadalla v. Fadalla's Auto Air and Detail, Inc.

Date: Nov 19, 2005

Limits on Deed Reformation Due to Mutual Mistake: Analysis of Fadalla v. Fadalla's Auto Air and Detail, Inc. Introduction Vincent Fadalla and Fadalla's Auto Air and Detail, Inc. v. George Fadalla and...

Affirmation of Summary Judgment in 'Abnormal' Bad-Faith Insurance Claims: Singleton v. State Farm

Date: Nov 11, 2005

Affirmation of Summary Judgment in 'Abnormal' Bad-Faith Insurance Claims: Singleton v. State Farm Introduction In Henry Singleton and Shelby Singleton v. State Farm Fire Casualty Company, 928 So. 2d...

Corridor Enterprises v. Robbins: Allocation of Damages in Shareholder-Derivative Actions and Limits on Punitive Damages

Date: Oct 22, 2005

Corridor Enterprises v. Robbins: Allocation of Damages in Shareholder-Derivative Actions and Limits on Punitive Damages Introduction The case of Pete M. Robbins v. Terrill W. Sanders represents a...

Clarifying Constitutional Malice in Public Official Defamation Claims: GARY v. CROUCH

Date: Sep 3, 2005

Clarifying Constitutional Malice in Public Official Defamation Claims: GARY v. CROUCH Case: Faye Gary v. Richard Crouch, Court: Court of Civil Appeals of Alabama Date: September 2, 2005 Citation: 923...

D.M. and M.M. v. Walker County DHR: Affirming Standards for Termination of Parental Rights and Custodial Alternatives

Date: Jul 9, 2005

D.M. and M.M. v. Walker County DHR: Affirming Standards for Termination of Parental Rights and Custodial Alternatives Introduction The case of D.M. and M.M. v. Walker County Department of Human...

Strict Enforcement of Rule 32 Preservation Requirements in Postconviction Petitions: BOYD v. STATE

Date: May 28, 2005

Strict Enforcement of Rule 32 Preservation Requirements in Postconviction Petitions: BOYD v. STATE Introduction Anthony BOYD v. STATE is a seminal decision by the Court of Criminal Appeals of...

Strict Adherence to Voter Residency Requirements Affirmed in Rowell v. Waltman

Date: May 21, 2005

Strict Adherence to Voter Residency Requirements Affirmed in Rowell v. Waltman Introduction In the case of Michael Waltman v. William Robert Rowell, decided by the Supreme Court of Alabama on May 20,...

Clarifying 'Forcible Entry' in Automobile Insurance Claims: Supreme Court of Alabama Establishes Precedent

Date: May 14, 2005

Clarifying 'Forcible Entry' in Automobile Insurance Claims: Supreme Court of Alabama Establishes Precedent Introduction The case of Safeway Insurance Company of Alabama, Inc. v. Gregorio Herrera (912...

Establishing Wantonness in Medical Malpractice: Analysis of Ferguson v. Baptist Health System, Inc.

Date: Apr 9, 2005

Establishing Wantonness in Medical Malpractice: Analysis of Ferguson v. Baptist Health System, Inc. Introduction The case of Robert Ferguson v. Baptist Health System, Inc., adjudicated by the Supreme...

Alabama Supreme Court Rules Relation-Back Doctrine Does Not Apply to Rule 32 Postconviction Petitions

Date: Apr 9, 2005

Alabama Supreme Court Rules Relation-Back Doctrine Does Not Apply to Rule 32 Postconviction Petitions Introduction In the landmark case of Ex parte Mark Allen Jenkins (In re Mark Allen JENKINS v....

Alabama Supreme Court Establishes Limits on Set-Off in Underinsured Motorist Coverage

Date: Mar 26, 2005

Alabama Supreme Court Establishes Limits on Set-Off in Underinsured Motorist Coverage Introduction In State Farm Mutual Automobile Insurance Company v. Debra W. Motley, the Alabama Supreme Court...

Preservation of Sufficiency-of-Evidence Issues in Nonjury Trials under Rule 52(b)

Date: Jan 15, 2005

Preservation of Sufficiency-of-Evidence Issues in Nonjury Trials under Rule 52(b) Introduction The case of New Properties, L.L.C., and Lewis F. Webb v. Harold Stewart, adjudicated by the Supreme...

Reinforcing the Burden of Prosecutorial Proof in Capital Murder: Insights from In re Dennis McGRIFF v. STATE of Alabama

Date: Jan 15, 2005

Reinforcing the Burden of Prosecutorial Proof in Capital Murder: Insights from In re Dennis McGRIFF v. STATE of Alabama Introduction In the landmark case of In re Dennis Demetrius McGRIFF v. STATE of...

Physician Assistant Act Applies to Title 10 Insurers: A New Precedent Established in BCBS v. Hodurski

Date: Oct 23, 2004

Physician Assistant Act Applies to Title 10 Insurers: A New Precedent Established in BCBS v. Hodurski Introduction The case of Blue Cross and Blue Shield of Alabama (BCBS) v. Donald Hodurski, M.D.;...

Supreme Court of Alabama Affirms Political Party’s Jurisdiction in Pre-Primary Candidacy Challenges

Date: Sep 14, 2004

Supreme Court of Alabama Affirms Political Party’s Jurisdiction in Pre-Primary Candidacy Challenges Introduction The case of Ginette A. Dow v. Alabama Democratic Party, et al. (897 So. 2d 1035)...

Termination of Parental Rights in Cases of Munchausen by Proxy Abuse: B.M. v. State of Alabama

Date: Jul 10, 2004

Termination of Parental Rights in Cases of Munchausen by Proxy Abuse: B.M. v. State of Alabama Introduction The case of B.M. v. State of Alabama (895 So. 2d 319) adjudicated by the Court of Civil...