Alabama Case Commentaries

Reaffirmation of the Year-and-a-Day Rule in Alabama: KEY v. STATE of Alabama Analysis

Date: Jun 28, 2003

Reaffirmation of the Year-and-a-Day Rule in Alabama: KEY v. STATE of Alabama Analysis Introduction Ex parte Ralph Lynn KEY. (In re Ralph Lynn KEY v. STATE of Alabama). (890 So. 2d 1056) The Supreme...

Ambiguity in Utility Contracts: Interpreting 'Discount' and 'Penalty' in Billing Practices

Date: May 10, 2003

Ambiguity in Utility Contracts: Interpreting 'Discount' and 'Penalty' in Billing Practices Introduction The case of John Michael Tucker v. Cullman-Jefferson Counties Gas District, adjudicated by the...

Voyager Insurance Co. v. Whitson and Hall: Enhancing Standards for Class Certification in Unjust Enrichment and Negligent Supervision Claims

Date: May 10, 2003

Voyager Insurance Co. v. Whitson and Hall: Enhancing Standards for Class Certification in Unjust Enrichment and Negligent Supervision Claims Introduction Voyager Insurance Companies et al. v. Jackie...

Exclusive Remedy of Workers' Compensation Act Limits Uninsured Motorist Benefits: State Farm Mutual Automobile Insurance Company v. Carlton

Date: Apr 12, 2003

Exclusive Remedy of Workers' Compensation Act Limits Uninsured Motorist Benefits: State Farm Mutual Automobile Insurance Company v. Carlton Introduction The case of State Farm Mutual Automobile...

Establishing Strict Standards for Mandamus in Discovery Proceedings: Analysis of Ex parte Ocwen Federal Bank, FSB

Date: Mar 29, 2003

Establishing Strict Standards for Mandamus in Discovery Proceedings: Analysis of Ex parte Ocwen Federal Bank, FSB Introduction The case of Ex parte Ocwen Federal Bank, FSB (In re: Lee Dowdle and...

Affirmation of Judicial Override in Alabama's Capital Sentencing Post-Apprendi and Ring

Date: Mar 15, 2003

Affirmation of Judicial Override in Alabama's Capital Sentencing Post-Apprendi and Ring Introduction The case Ex parte Melvin G. Hodges represents a pivotal moment in Alabama's judicial landscape,...

Timeliness of Mandamus Petitions in Interlocutory Orders: Insights from Ex parte Troutman Sanders, LLP

Date: Feb 22, 2003

Timeliness of Mandamus Petitions in Interlocutory Orders: Insights from Ex parte Troutman Sanders, LLP. Introduction Ex parte Troutman Sanders, LLP. (In re: Mary A. Champion et al. v. Dill, Dill,...

Defining Dredging Operations as Interstate Commerce for Sales Tax Exemption: Bean Dredging v. Alabama Department of Revenue

Date: Feb 15, 2003

Defining Dredging Operations as Interstate Commerce for Sales Tax Exemption: Bean Dredging v. Alabama Department of Revenue Introduction In the case of Bean Dredging, L.L.C., and Midstream Fuel...

Reinstatement of Jury Verdict and Mandamus Relief in EX PARTE THIRD GENERATION v. Wilson

Date: Feb 8, 2003

Reinstatement of Jury Verdict and Mandamus Relief in EX PARTE THIRD GENERATION, Inc. v. Wilson Introduction The case of EX PARTE THIRD GENERATION, Inc. v. Wilson (855 So. 2d 489) adjudicated by the...

Alabama Supreme Court Establishes Uniform Venue Rules for Domestic and Foreign Corporate Defendants in Civil Actions

Date: Feb 1, 2003

Alabama Supreme Court Establishes Uniform Venue Rules for Domestic and Foreign Corporate Defendants in Civil Actions Introduction The case of Ex parte Fontaine Trailer Company and Ex parte...

Enforcing Restrictive Stock Transfer Agreements: Insights from Michael David Bruce v. Harry Cole, Jr.

Date: Jan 25, 2003

Enforcing Restrictive Stock Transfer Agreements: Insights from Michael David Bruce v. Harry Cole, Jr. Introduction In the case of Michael David Bruce v. Harry Cole, Jr., decided on January 24, 2003,...

Reaffirming the Requirement of Present Injury for Emotional Distress Claims in Fraud Actions: Southern Bakeries, Inc. v. Knipp & Branyon

Date: Dec 14, 2002

Reaffirming the Requirement of Present Injury for Emotional Distress Claims in Fraud Actions: Southern Bakeries, Inc. v. Knipp & Branyon Introduction Southern Bakeries, Inc. v. Ray Knipp and David...

Alabama Supreme Court Reaffirms Threshold for State-Agent Immunity in Ex parte J. Walter Wood, Jr.

Date: Dec 7, 2002

Alabama Supreme Court Reaffirms Threshold for State-Agent Immunity in Ex parte J. Walter Wood, Jr. Introduction In the landmark case Ex parte J. Walter Wood, Jr., decided on December 6, 2002, the...

Alabama Supreme Court Affirms Death Sentence in Absence of Mental Retardation under ATKINS v. VIRGINIA

Date: Nov 23, 2002

Alabama Supreme Court Affirms Death Sentence in Absence of Mental Retardation under ATKINS v. VIRGINIA Introduction In the landmark case Ex parte Roy Edward Perkins (In re: Roy Edward PERKINS v....

WALDROP v. STATE of Alabama: Reinforcing Jury's Role in Capital Sentencing Post-RING v. ARIZONA

Date: Nov 23, 2002

WALDROP v. STATE of Alabama: Reinforcing Jury's Role in Capital Sentencing Post-RING v. ARIZONA Introduction Ex parte Bobby Wayne Waldrop, officially cited as In re: Bobby Wayne WALDROP v. STATE of...

Alabama Supreme Court Holds Absolute Pollution-Exclusion Clause Does Not Bar Coverage for Lead Paint Injuries

Date: Nov 23, 2002

Alabama Supreme Court Holds Absolute Pollution-Exclusion Clause Does Not Bar Coverage for Lead Paint Injuries Introduction In the landmark case of Janice Denise Porterfield, et al. v. Audubon...

Reasonable Reliance and Fraud Claims in Dual Agency: An Analysis of Potter v. First Real Estate, Inc.

Date: Sep 7, 2002

Reasonable Reliance and Fraud Claims in Dual Agency: An Analysis of Potter v. First Real Estate, Inc. Introduction The case of Joseph Potter and Jamie Potter v. First Real Estate Company, Inc., and...

Finality of Trust Settlements and Res Judicata Confirmed in Neal v. Neal

Date: Sep 7, 2002

Finality of Trust Settlements and Res Judicata Confirmed in Neal v. Neal Introduction In the landmark case of John Stewart Neal v. Terrill Neal and James Willett Neal, decided by the Supreme Court of...

Reaffirming the "Clear and Convincing Evidence" Standard in Parental Rights Termination: Insights from L.M. v. D.D.F.

Date: Jul 13, 2002

Reaffirming the "Clear and Convincing Evidence" Standard in Parental Rights Termination: Insights from L.M. v. D.D.F. Introduction L.M. v. D.D.F. (840 So. 2d 171), adjudicated by the Court of Civil...

Clarifying Property Boundaries: Insights from Caroline Chapman Philpot v. State of Alabama

Date: Jun 15, 2002

Clarifying Property Boundaries: Insights from Caroline Chapman Philpot et al. v. State of Alabama et al. Introduction The case of Caroline Chapman Philpot et al. v. State of Alabama et al.,...