Alabama Case Commentaries

Supreme Court of Alabama Affirms Political Party’s Jurisdiction in Pre-Primary Candidacy Challenges

Date: Sep 14, 2004

Supreme Court of Alabama Affirms Political Party’s Jurisdiction in Pre-Primary Candidacy Challenges Introduction The case of Ginette A. Dow v. Alabama Democratic Party, et al. (897 So. 2d 1035)...

Termination of Parental Rights in Cases of Munchausen by Proxy Abuse: B.M. v. State of Alabama

Date: Jul 10, 2004

Termination of Parental Rights in Cases of Munchausen by Proxy Abuse: B.M. v. State of Alabama Introduction The case of B.M. v. State of Alabama (895 So. 2d 319) adjudicated by the Court of Civil...

Clarifying Expert Witness Qualifications in Alabama Medical Malpractice: Lucy Gra v. Chapman et al.

Date: Jun 26, 2004

Clarifying Expert Witness Qualifications in Alabama Medical Malpractice: Lucy Gra v. Chapman et al. Introduction The case of Lucy Gra v. Chapman, M.D., et al. (893 So. 2d 293) adjudicated by the...

Establishing Physician Duty to Third Parties in Methadone Treatment Cases

Date: May 22, 2004

Establishing Physician Duty to Third Parties in Methadone Treatment Cases Introduction The landmark case Lola Ann Taylor and Billy J. Taylor v. Dr. Kenny E. Smith, decided by the Supreme Court of...

Reaffirming Party Discretion in Candidate Qualification: Alabama Republican Party v. Kelly McGinley

Date: May 19, 2004

Reaffirming Party Discretion in Candidate Qualification: Alabama Republican Party v. Kelly McGinley Introduction Alabama Republican Party v. Kelly McGinley is a pivotal decision by the Supreme Court...

Alabama Supreme Court Affirms Limitation of Transferred Intent in Attempted Murder Cases

Date: May 8, 2004

Alabama Supreme Court Affirms Limitation of Transferred Intent in Attempted Murder Cases Introduction In the case of EX PARTE STATE of Alabama (In re Christopher COCKRELL v. STATE of Alabama),...

Judicial Estoppel in Corporate Disputes: Analysis of Joseph Dzwonkowski, Sr. v. SONITROL of Mobile, Inc.

Date: Apr 24, 2004

Judicial Estoppel in Corporate Disputes: Analysis of Joseph Dzwonkowski, Sr. v. SONITROL of Mobile, Inc. Introduction The case of Joseph Dzwonkowski, Sr. v. SONITROL of Mobile, Inc., Robert...

Punitive Damages in Hospitality: Shiv-Ram, Inc. v. Linda McCaleb Establishes Precedents on Damages Caps and Corporate Responsibility

Date: Apr 3, 2004

Punitive Damages in Hospitality: Shiv-Ram, Inc. v. Linda McCaleb Establishes Precedents on Damages Caps and Corporate Responsibility Introduction In the landmark case of Shiv-Ram, Inc., d/b/a Ramada...

State-Agent Immunity Clarified in Police Custody Suicide Case: Howard v. City of Atmore

Date: Feb 21, 2004

State-Agent Immunity Clarified in Police Custody Suicide Case: Howard v. City of Atmore Introduction Gladys Bowens HOWARD, as administratrix of the estate of Marilyn Faye Bowens, deceased v. CITY OF...

Williams v. State Farm: Limiting Bad-Faith Claims by Third Parties without Direct Insurance Contract

Date: Feb 14, 2004

Williams v. State Farm: Limiting Bad-Faith Claims by Third Parties without Direct Insurance Contract Introduction Williams v. State Farm Mutual Automobile Insurance Company (886 So. 2d 72) is a...

Admissibility of Prior Malpractice Actions Against Expert Witnesses: Middleton v. Lightfoot Analysis

Date: Jan 31, 2004

Admissibility of Prior Malpractice Actions Against Expert Witnesses: Middleton v. Lightfoot Analysis Introduction Middleton v. Lightfoot, M.D., and Lightfoot and Lightfoot Surgery, P.C. is a seminal...

Mobile Infirmary Medical Center v. James Hodgen: Establishing Guidelines for Punitive Damages Relative to Compensatory Awards

Date: Jan 17, 2004

Mobile Infirmary Medical Center v. James Hodgen: Establishing Guidelines for Punitive Damages Relative to Compensatory Awards Introduction In the landmark case of Mobile Infirmary Medical Center v....

Establishing No Reasonable-Time Requirement for Rule 60(b)(4) Motions in Voided Judgments

Date: Dec 6, 2003

Establishing No Reasonable-Time Requirement for Rule 60(b)(4) Motions in Voided Judgments Introduction The case In re Full Circle Distribution, L.L.C. v. Seco Aviation, Inc., and Anthony Aviation...

Affirming Rule 19 and Standing Requirements in Health Insurance Litigation: Liberty National v. University of Alabama Health Services Foundation

Date: Nov 22, 2003

Affirming Rule 19 and Standing Requirements in Health Insurance Litigation: Liberty National v. University of Alabama Health Services Foundation Introduction The case of Liberty National Life...

Defining 'Doing Business' for Venue Determinations: In re Chris Sealy v. Perfection Siding, Inc.

Date: Nov 8, 2003

Defining 'Doing Business' for Venue Determinations: In re Chris Sealy v. Perfection Siding, Inc. Introduction The Supreme Court of Alabama, in the case of In re Chris Sealy v. Perfection Siding, Inc....

Affirmation of State-Agent Immunity for Educators in Alabama: Ex parte Nall and Faulk v. Cannon

Date: Oct 25, 2003

Affirmation of State-Agent Immunity for Educators in Alabama: Ex parte Nall and Faulk v. Cannon Introduction In the case of Ex parte Keith Nall and Donnie Faulk. (In re Michael Franklin Cannon, Jr.,...

Class Action Certification Standards in Fraud and Contract Claims: Insights from University Federal Credit Union v. Grayson

Date: Sep 27, 2003

Class Action Certification Standards in Fraud and Contract Claims: Insights from University Federal Credit Union v. Grayson Introduction The case of University Federal Credit Union (UFCU) v. Madalene...

Alabama Supreme Court Refines Class Action Standards in Avis Rent A Car Case

Date: Sep 13, 2003

Alabama Supreme Court Refines Class Action Standards in Avis Rent A Car Case Introduction In the landmark case of Avis Rent A Car Systems, Inc. et al. v. Cindy Wiegel Heilman and Rosalind Davis...

Limits of State-Agent Immunity in Athletic Coaching: The Susan Giambrone v. Douglas Decision

Date: Aug 2, 2003

Limits of State-Agent Immunity in Athletic Coaching: The Susan Giambrone v. Douglas Decision 1. Introduction The case of Susan Giambrone, individi v. Douglas serves as a pivotal decision in the realm...

Ulysses Borders v. City of Huntsville: Establishing the "Arguable Probable Cause" Standard for Discretionary-Function Immunity

Date: Jul 26, 2003

Ulysses Borders v. City of Huntsville: Establishing the "Arguable Probable Cause" Standard for Discretionary-Function Immunity Introduction Ulysses Borders v. City of Huntsville et al. is a landmark...

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