Alabama Case Commentaries

Ex Parte D.L.H.: Scope and Application of the Rape Shield Law in Rebuttal Evidence

Date: Jun 9, 2001

Ex Parte D.L.H.: Scope and Application of the Rape Shield Law in Rebuttal Evidence Introduction Ex parte D.L.H. (In re: D.L.H. v. State), decided by the Supreme Court of Alabama on June 8, 2001 (806...

Mandamus as an Inappropriate Remedy for Challenging Summary Judgments: Analysis of Ex parte Mattie Showers

Date: May 26, 2001

Mandamus as an Inappropriate Remedy for Challenging Summary Judgments: Analysis of Ex parte Mattie Showers Introduction In the landmark case Ex parte Mattie Showers, as mother of Jalessa Ellison,...

Judicial Commentary: GRAYSON v. STATE - Juror Selection Procedures in Capital Cases

Date: May 12, 2001

GRAYSON v. STATE: Juror Selection Procedures in Capital Cases Introduction In the case of Carey Dale GRAYSON v. STATE, adjudicated by the Supreme Court of Alabama on May 11, 2001, the appellant,...

Remittitur Standards and Punitive Damages in Wrongful Termination: AutoZone, Inc. v. Michael Leonard

Date: Apr 28, 2001

Remittitur Standards and Punitive Damages in Wrongful Termination: AutoZone, Inc. v. Michael Leonard Introduction AutoZone, Inc. v. Michael Leonard is a seminal case adjudicated by the Supreme Court...

Alfa Mutual Insurance Co. v. Poarch: Addressing Inconsistent Verdicts in Breach-of-Contract and Bad-Faith Insurance Claims

Date: Apr 28, 2001

Alfa Mutual Insurance Co. v. Poarch: Addressing Inconsistent Verdicts in Breach-of-Contract and Bad-Faith Insurance Claims Introduction In the landmark case of POARCH v. ALFA MUTUAL INSURANCE...

Travelers Indemnity Co. v. Griner: Affirming the Tort of Outrage in Workers' Compensation Claims

Date: Apr 21, 2001

Travelers Indemnity Co. v. Griner: Affirming the Tort of Outrage in Workers' Compensation Claims Introduction The case of Travelers Indemnity Company of Illinois and Crawford Company v. Sidney O....

Supreme Court of Alabama Establishes Strict Standards for Pattern-or-Practice Evidence and Pro Tanto Settlement Handling

Date: Apr 7, 2001

Supreme Court of Alabama Establishes Strict Standards for Pattern-or-Practice Evidence and Pro Tanto Settlement Handling Introduction In the landmark case of Kenneth M. Morris, d/b/a Morris Pest...

Judicial Override of Jury Sentencing Recommendations Upheld: APICELLA v. STATE of Alabama

Date: Mar 31, 2001

Judicial Override of Jury Sentencing Recommendations Upheld: APICELLA v. STATE of Alabama Introduction The case of Ex parte Andrew Anthony Apicella (In re Andrew Anthony APICELLA v. STATE of...

Judicial Commentary: Supreme Court of Alabama Upholds Death Sentence in In re: Jarrod TAYLOR v. STATE

Date: Mar 10, 2001

Supreme Court of Alabama Upholds Death Sentence in In re: Jarrod TAYLOR v. STATE (808 So.2d 1215) Introduction The case of In re: Jarrod TAYLOR v. STATE, adjudicated by the Supreme Court of Alabama...

Standing in Insurance Subrogation: Nationwide Property v. DPF Architects Establishes Critical Precedent

Date: Feb 24, 2001

Standing in Insurance Subrogation: Nationwide Property v. DPF Architects Establishes Critical Precedent Introduction The Supreme Court of Alabama's decision in Nationwide Property and Casualty...

Limitation of Discovery in Medical Malpractice Actions: Establishing Strict Adherence to Alabama Medical Liability Act § 6-5-551

Date: Dec 23, 2000

Limitation of Discovery in Medical Malpractice Actions: Establishing Strict Adherence to Alabama Medical Liability Act § 6-5-551 Introduction The case of Ex parte Robert E. Anderson, M.D., and Selma...

Enforcement of Unilateral Arbitration Provisions: Fleetwood Enterprises, Inc. v. Vera Bruno

Date: Nov 18, 2000

Enforcement of Unilateral Arbitration Provisions: Fleetwood Enterprises, Inc. v. Vera Bruno Introduction Fleetwood Enterprises, Inc., et al. v. Vera Bruno (784 So. 2d 277) is a pivotal case...

Affirming Trial Court's Discretion in Excluding Inheritance from Marital Property: Ex parte Mark S. Drummond

Date: Sep 16, 2000

Affirming Trial Court's Discretion in Excluding Inheritance from Marital Property: Ex parte Mark S. Drummond Introduction The case of Ex parte Mark S. Drummond addresses pivotal issues concerning the...

Res Judicata and Procedural Dismissals: Analysis of Ex parte Capstone Development Corp. v. Johnson et al.

Date: Sep 2, 2000

Res Judicata and Procedural Dismissals: Analysis of Ex parte Capstone Development Corporation v. Johnson et al. Introduction The case of Ex parte Capstone Development Corporation and Capstone...

Alabama State University Board of Trustees Eligibility Standards Clarified

Date: Aug 19, 2000

Alabama State University Board of Trustees Eligibility Standards Clarified Introduction The case of Joe L. Reed et al. v. Board of Trustees for Alabama State University et al. (778 So. 2d 791)...

Affirmation of Death Sentence in McWHORTER v. STATE: Establishing Standards for Lesser-Included Offense Instructions

Date: Aug 12, 2000

Affirmation of Death Sentence in McWHORTER v. STATE: Establishing Standards for Lesser-Included Offense Instructions Introduction In re: Casey A. McWHORTER v. STATE, 781 So.2d 330 (Supreme Court of...

Enhanced Protections Against Bad-Faith Practices in Insurance Claims: SIMMONS v. CONGRESS LIFE INSurance Co.

Date: Aug 12, 2000

Enhanced Protections Against Bad-Faith Practices in Insurance Claims: SIMMONS v. CONGRESS LIFE INSurance Co. Introduction SIMMONS v. CONGRESS LIFE INSurance Company and Insurers Administrative...

Adoption of the Cranman Test: New Standard for State-Agent Immunity in Alabama

Date: Jul 22, 2000

Adoption of the Cranman Test: New Standard for State-Agent Immunity in Alabama Introduction The Supreme Court of Alabama, in the case of Ex parte Jimmy Butts et al. In re: Dalton Phillips et al. v....

State-Agent Immunity Not Granted to Medical Resident in Wrongful Death Action

Date: Jul 1, 2000

State-Agent Immunity Not Granted to Medical Resident in Wrongful Death Action Introduction In the landmark case of Ex parte Botros Rizk, M.D., the Supreme Court of Alabama addressed critical issues...

CRANMAN v. MAXWELL: Redefining State-Agent Immunity for State-Employed Physicians in Medical Malpractice Litigation

Date: Jun 17, 2000

CRANMAN v. MAXWELL: Redefining State-Agent Immunity for State-Employed Physicians in Medical Malpractice Litigation Introduction In the landmark case of Ex Parte Paul J. Cranman, as executor of the...