Alabama Case Commentaries

Third-Party Beneficiary Standing in Insurance Contracts: Smith v. Equifax Services, Inc.

Date: Dec 3, 1988

Third-Party Beneficiary Standing in Insurance Contracts: Smith v. Equifax Services, Inc. Introduction The case of Carrie J. Smith, Individually and as Executrix of the Estate of Harry W. Smith, Jr.,...

Exclusive Settlement Rights of Insurer Preclude Attorney's Duty to Obtain Client Consent: Dr. Mitchum v. Hudgens

Date: Sep 24, 1988

Exclusive Settlement Rights of Insurer Preclude Attorney's Duty to Obtain Client Consent: Dr. Mitchum v. Hudgens Introduction Dr. O.D. Mitchum v. A. Neil Hudgens is a landmark case adjudicated by the...

Third-Party Beneficiary Limitations and Compliance with Federal Wage Laws under the Davis-Bacon Act: Insights from Collins Co. v. City of Decatur

Date: Sep 24, 1988

Third-Party Beneficiary Limitations and Compliance with Federal Wage Laws under the Davis-Bacon Act: Insights from Collins Company, Inc. v. City of Decatur Introduction The legal landscape...

Enforcement of Written Contracts and the Parol Evidence Rule in Gerald Bussey v. John Deere Company

Date: Sep 3, 1988

Enforcement of Written Contracts and the Parol Evidence Rule in Gerald Bussey v. John Deere Company Introduction Gerald Bussey v. John Deere Company is a pivotal case adjudicated by the Supreme Court...

Bank v. Van Schaack: Valuation of Residual Trust Assets with Pecuniary Adjustments

Date: Jul 30, 1988

Bank v. Van Schaack: Valuation of Residual Trust Assets with Pecuniary Adjustments Introduction Margaret D. Van Schaack appealed against AmSouth Bank, N.A., acting as the executor of the estate of...

Qualified Immunity Upheld for State Mental Health Officials in Wrongful Death Case

Date: Jul 30, 1988

Qualified Immunity Upheld for State Mental Health Officials in Wrongful Death Case Introduction In the landmark case Radford BARNES, et al. v. Emmett O. DALE, as administrator of the Estate of...

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

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

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

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

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

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

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

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

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

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

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

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

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.

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...