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  • Commentaries
  • Judgments

Alabama Case Commentaries

Establishing the Three-Factor Test for Setting Aside Default Judgments under Rule 55(c): Analysis of Kirtland v. Fort Morgan Authority Sewer Service, Inc.

Establishing the Three-Factor Test for Setting Aside Default Judgments under Rule 55(c): Analysis of Kirtland v. Fort Morgan Authority Sewer Service, Inc.

Date: Apr 2, 1988
Establishing the Three-Factor Test for Setting Aside Default Judgments under Rule 55(c): Analysis of Kirtland v. Fort Morgan Authority Sewer Service, Inc. 1. Introduction Kirtland v. Fort Morgan...
Admissibility of Business Records in Criminal Trials: Insights from Re Johnny Hugh FRITH v. STATE of Alabama

Admissibility of Business Records in Criminal Trials: Insights from Re Johnny Hugh FRITH v. STATE of Alabama

Date: Mar 19, 1988
Admissibility of Business Records in Criminal Trials: Insights from Re Johnny Hugh FRITH v. STATE of Alabama Introduction The case of Re Johnny Hugh FRITH v. STATE of Alabama (526 So. 2d 880, Supreme...
Best Interest Standard in Custody Modification: Ex parte Carol B. Couch v. Elkan

Best Interest Standard in Custody Modification: Ex parte Carol B. Couch v. Elkan

Date: Feb 27, 1988
Best Interest Standard in Custody Modification: Ex parte Carol B. Couch v. Elkan Introduction The case of Ex parte Carol B. Couch v. Elkan (1988) is a pivotal decision by the Supreme Court of Alabama...
Alabama Supreme Court Establishes 'Value of Inventory' Test for Farm Equipment Retailer Status Under Ala. Code §8-21-1

Alabama Supreme Court Establishes 'Value of Inventory' Test for Farm Equipment Retailer Status Under Ala. Code §8-21-1

Date: Feb 6, 1988
Alabama Supreme Court Establishes 'Value of Inventory' Test for Farm Equipment Retailer Status Under Ala. Code §8-21-1 Introduction In the landmark case John Deere Company v. Jim Gamble, the Supreme...
Enforcement of Lifetime Termite Protection Contracts and Recovery for Mental Anguish: Orkin Exterminating Co. v. Donavan

Enforcement of Lifetime Termite Protection Contracts and Recovery for Mental Anguish: Orkin Exterminating Co. v. Donavan

Date: Jan 30, 1988
Enforcement of Lifetime Termite Protection Contracts and Recovery for Mental Anguish: Orkin Exterminating Co. v. Donavan Introduction Orkin Exterminating Company, Inc. v. Dora Donavan is a notable...
Protection of Family Cemeteries and Tort of Outrageous Conduct: Analysis of Buford Whitt v. Sally Jones Hulsey

Protection of Family Cemeteries and Tort of Outrageous Conduct: Analysis of Buford Whitt v. Sally Jones Hulsey

Date: Jan 23, 1988
Protection of Family Cemeteries and Tort of Outrageous Conduct: Analysis of Buford Whitt v. Sally Jones Hulsey Introduction The case of Buford Whitt v. Sally Jones Hulsey, et al. (519 So. 2d 901)...
Alabama Supreme Court Establishes Sheriffs as State Executive Officers, Affirming Constitutional Immunity from County Respondeat Superior Liability

Alabama Supreme Court Establishes Sheriffs as State Executive Officers, Affirming Constitutional Immunity from County Respondeat Superior Liability

Date: Dec 12, 1987
Alabama Supreme Court Establishes Sheriffs as State Executive Officers, Affirming Constitutional Immunity from County Respondeat Superior Liability Introduction The case of Lolita Parker v. Lucius...
Establishing Racial Neutrality in Peremptory Challenges: Insights from Ex Parte Preston Branch

Establishing Racial Neutrality in Peremptory Challenges: Insights from Ex Parte Preston Branch

Date: Dec 5, 1987
Establishing Racial Neutrality in Peremptory Challenges: Insights from Ex Parte Preston Branch Introduction The case of Ex parte Preston Branch (526 So. 2d 609) adjudicated by the Supreme Court of...
Establishing Contractual Remedies for Accountant's Negligence: Blumberg v. Touche Ross Co. Sets New Precedent

Establishing Contractual Remedies for Accountant's Negligence: Blumberg v. Touche Ross Co. Sets New Precedent

Date: Sep 19, 1987
Establishing Contractual Remedies for Accountant's Negligence: Blumberg v. Touche Ross Co. Sets New Precedent Introduction The case of Esther O. Blumberg, et al. v. Touche Ross Co., et al. (514 So....
Clarifying Miranda Applicability in Non-Custodial Interrogations: Hooks v. State

Clarifying Miranda Applicability in Non-Custodial Interrogations: Hooks v. State

Date: Sep 9, 1987
Clarifying Miranda Applicability in Non-Custodial Interrogations: Hooks v. State 1. Introduction The case of Joseph Bryant Hooks v. State, decided by the Court of Criminal Appeals of Alabama on...
Employee Handbooks as Binding Unilateral Contracts in At-Will Employment: Analysis of Hoffman-La Roche, Inc. v. Campbell

Employee Handbooks as Binding Unilateral Contracts in At-Will Employment: Analysis of Hoffman-La Roche, Inc. v. Campbell

Date: Jul 11, 1987
Employee Handbooks as Binding Unilateral Contracts in At-Will Employment: Analysis of Hoffman-La Roche, Inc. v. Campbell Introduction Hoffman-La Roche, Inc. v. Hugh Campbell is a seminal case decided...
Distinctive Tort Concepts Established in Strickland v. Aero-Lane Fabricators

Distinctive Tort Concepts Established in Strickland v. Aero-Lane Fabricators

Date: Jun 27, 1987
Distinctive Tort Concepts Established in Strickland v. Aero-Lane Fabricators Introduction The case of Lynn Strickland Sales and Service, Inc. v. Aero-Lane Fabricators, Inc., adjudicated by the...
Retroactive Application of Batson in Alabama: Ex parte Carnel Jackson

Retroactive Application of Batson in Alabama: Ex parte Carnel Jackson

Date: Feb 21, 1987
Retroactive Application of Batson in Alabama: Ex parte Carnel Jackson Introduction Ex parte Carnel Jackson (516 So.2d 768) is a landmark decision by the Supreme Court of Alabama that addresses...
Limitation of Premises Liability for Third-Party Criminal Acts: Moye v. A.G. Gaston Motels, Inc.

Limitation of Premises Liability for Third-Party Criminal Acts: Moye v. A.G. Gaston Motels, Inc.

Date: Nov 22, 1986
No Duty Imposed on Premises Owners for Third-Party Criminal Acts Absent Foreseeability: Affirmation in Moye v. A.G. Gaston Motels, Inc. Introduction Daniel Moye, as Administrator of the Estate of...
Rescission of Stock Purchase Based on Misrepresentations: Wilson v. Brown

Rescission of Stock Purchase Based on Misrepresentations: Wilson v. Brown

Date: Oct 4, 1986
Rescission of Stock Purchase Based on Misrepresentations: Wilson v. Brown Introduction Wilson v. Brown, 496 So. 2d 756 (Ala. 1986), is a significant case in Alabama corporate law that deals with...
Establishing In Personam Jurisdiction in Fraud Cases: Insights from R. Wayne Duke v. Young et al.

Establishing In Personam Jurisdiction in Fraud Cases: Insights from R. Wayne Duke v. Young et al.

Date: Oct 4, 1986
Establishing In Personam Jurisdiction in Fraud Cases: Insights from R. Wayne Duke v. Young et al. Introduction The case of R. Wayne Duke v. Robert M. Young and others, adjudicated by the Supreme...
Clarifying the Scope of 'Permanent Employment' and Agency Authority in Employment Contracts: Harrell v. Reynolds Metals Company

Clarifying the Scope of 'Permanent Employment' and Agency Authority in Employment Contracts: Harrell v. Reynolds Metals Company

Date: Sep 20, 1986
Clarifying the Scope of 'Permanent Employment' and Agency Authority in Employment Contracts: Harrell v. Reynolds Metals Company Introduction In the case of L.D. "Bubba" Harrell v. Reynolds Metals...
Reinforcing Brady: The Landmark Decision in Re Danny Joe BRADLEY v. STATE of Alabama

Reinforcing Brady: The Landmark Decision in Re Danny Joe BRADLEY v. STATE of Alabama

Date: Sep 13, 1986
Reinforcing Brady: The Landmark Decision in Re Danny Joe BRADLEY v. STATE of Alabama Introduction Re Danny Joe BRADLEY v. STATE of Alabama is a pivotal case adjudicated by the Supreme Court of...
Enhanced Appellate Review Standards for Jury Verdict Modifications: Hammond v. City of Gadsden

Enhanced Appellate Review Standards for Jury Verdict Modifications: Hammond v. City of Gadsden

Date: Jul 12, 1986
Enhanced Appellate Review Standards for Jury Verdict Modifications: Hammond v. City of Gadsden Introduction Hammond v. City of Gadsden, et al. (493 So. 2d 1374) is a landmark decision by the Supreme...
Affirming Natural Parent's Prima Facie Custodial Rights in Alabama Custody Cases: Re Jonathan M. Terry v. Eddie L. Sweat

Affirming Natural Parent's Prima Facie Custodial Rights in Alabama Custody Cases: Re Jonathan M. Terry v. Eddie L. Sweat

Date: Jun 28, 1986
Affirming Natural Parent's Prima Facie Custodial Rights in Alabama Custody Cases Introduction The case of Jonathan M. Terry v. Eddie L. Sweat (494 So. 2d 628) adjudicated by the Supreme Court of...
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