Partial Names Insufficient: State Immunity, Fictitious-Party Practice, and Jurisdiction in Ex parte Jefferson County Board of Education Introduction Ex parte Jefferson County Board of Education,...
Waiver of Venue Objections Under Rule 12(h)(1) Overrides AMLA Venue Provisions Introduction In Ex parte Andrew J. Scarborough, as Administrator of the Estate of Timothy John Chumney, deceased v....
Municipal Immunity for Stormwater‐Drainage Design within Industry Standards: In re Burrell v. City of Muscle Shoals Introduction In In re Burrell v. City of Muscle Shoals (Supreme Court of Alabama,...
Guarantor Liability in Commercial Leases and Ore Tenus Presumption for Unrecorded Damages Hearings Introduction Island Girl Outfitters, LLC (“IGO”) leased retail space at Eastern Shore Centre from...
Out-of-State Insurer’s Nationwide Uninsured-Motorist Coverage Does Not Confer Alabama Jurisdiction Introduction The Supreme Court of Alabama’s decision in Ex parte Kentucky Farm Bureau Mutual...
Express‐Exclusion and Severability in Arbitration Agreements: Carter v. Morrow Introduction Carter v. Morrow, decided March 21, 2025 by the Supreme Court of Alabama, arises from a failed real‐estate...
Post-Probate Will Contest Jurisdiction and Cost Awards: Boykin v. Land Introduction Boykin v. Land (Supreme Court of Alabama, March 21, 2025) tackles two interrelated questions in estate litigation:...
Requirement of Transactional Nexus for Relation Back Under Rule 15(c): Ex parte Air Evac EMS, Inc. Introduction In Ex parte Air Evac EMS, Inc., 2025 WL ______ (Ala. Mar. 21, 2025), the Supreme Court...
Enforceability of Contractual Proportional Indemnity Clauses Against the Backdrop of Wrongful-Death Remedies Introduction This commentary examines JohnsonKreis Construction Company, Inc. v. Howard...
Finality of Arbitration Orders and the Inadmissibility of “Picking and Choosing” Contract Provisions Introduction This Judgment, rendered by the Supreme Court of Alabama on March 7, 2025, addresses a...
Reaffirming the Party-Presentation Principle in Parental Rights Termination Cases Introduction The recent Supreme Court of Alabama decision in Ex parte M.P. v. M.P. In re: W.C.M. marks a pivotal...
Mandamus Review and Special Master Appointments in Derivative and Abatement Disputes: A New Framework Introduction The judgment from the Supreme Court of Alabama, rendered on March 7, 2025, addresses...
New Precedent on Statutory Limitations in Medical Malpractice: Defining the Commencement of a Claim Introduction The recent decision in the case of Ex parte Affinity Hospital, LLC, d/b/a Grandview...
Binder Acceptance and Assent: Expanding the Reach of Arbitration in Insurance Contracts Introduction In American Bankers Insurance Company of Florida v. Francine Pickett, the Supreme Court of Alabama...
Establishing Judicial Impartiality: Denial of Recusal in Woodruff Cases Introduction The case at hand, formally titled “Ex parte John Michael Woodruff In re: John Michael Woodruff v. State of...
Limitation on Rule 54(b) Certifications in Alabama: The Martin v. PEI Ohio, Inc. Decision Introduction In the landmark case Sarah E. Martin v. PEI Ohio, Inc., and Premium Transportation Group, Inc.,...
Supreme Court of Alabama Reinforces Mootness Doctrine in Election Law through Dismissal of Reed's Appeal Introduction The Supreme Court of Alabama recently delivered a pivotal decision in the case of...
Ramirez v. State: Reinforcing Notice Requirements in Trial de Novo Proceedings Introduction In the case of Ex parte Christopher Sandon Ramirez v. State of Alabama, the Supreme Court of Alabama...
Reversal of Summary Judgment in Promissory Note Dispute Establishes Key Precedent on Credibility Assessments Introduction In the landmark case Jeanetta C. Scott, as administratrix of the Estate of...
Supreme Court of Alabama Upholds Arbitration of Enforceability Disputes in HD Hyundai v. Southern Lift Trucks Introduction The case of HD Hyundai Construction Equipment North America, Inc., f/k/a...