A Pension Board May Be an Independent Entity from the Municipality It Serves
City of Birmingham v. Alex Thomas – The Alabama Court of Civil Appeals has held that a pension board is a separate entity from the municipality under certain conditions.
Former Estate Representative’s Wrongful Death Action May Be a Nullity
The Alabama Supreme Court held that the personal representative of an estate who had been discharged and released as the estate representative prior to filing a wrongful death action, was without capacity to file the wrongful death action, and its filing was a nullity.
A Wrongful Death Action Brought by Non-Estate Representative is a Nullity
Where someone other than the personal representative of an estate brings a wrongful death action, the suit is a nullity that cannot be remedied by substituting the personal representative as the plaintiff.
Underinsured Motorist Insurer’s Subrogation Interest in a Lambert Advance
A UIM insurer does not have a subrogation interest in Lambert advance; the recovery by the insurer from the tortfeasor of a Lambert advance does not create a common fund; and the UIM insurer should not be required to pay attorney’s fees for the recovery of the Lambert advance under the common-fund doctrine.
Insurance Coverage and Road Rage in Alabama
In Alabama, an insurer would not likely be liable to provide insurance coverage for its insured in instances of road rage or other criminal acts tangentially related to the use of a vehicle.
Abusing Discretion by Allowing Amended Pleadings
A trial court may abuse its discretion by allowing a plaintiff to amend his complaint in too-close proximity to trial.
Contract Reformation and Mutual Mistake of the Parties
An Alabama Supreme Court decision touching on reformation of contracts and applying verdict setoffs.
Changes to Alabama Law Enforcement Records Retention Policy
In Alabama, law enforcement personnel are not required in all circumstances to record or document by audio or video their interactions with the public; however, if a law enforcement officer does create a video or audio recording that documents an interaction between an officer and the public, the officer is required to maintain the recording. The sources of any such recording may include in-dash cameras, body cameras, surveillance cameras, and audio recordings (without video). As of October 21, 2015, if any video or audio recording becomes part of a law enforcement case file, an officer must retain the recording until...
Alabama’s Anti-Miscegenation Statutes
My recent article, “Alabama’s Anti-Miscegenation Statutes”, can be found in the October 2015 issue of the Alabama Review. I have provided an excerpt below, but the full article can be read online with a subscription to Project MUSE, here. “In the immediate aftermath of the civil war and, more specifically, the ratification of the Fourteenth Amendment, various southern states began passing laws to preserve a now-fragile social structure. Beginning with President Lincoln’s Emancipation Proclamation of January 1, 1863, which liberated all slaves residing in rebel states or territories, the southern states’ social ecology had begun to unravel, and southern whites...
Presumption of Revocation for a Lost Will
Where a will had been in the testator’s possession and cannot be found after his death, there is a rebuttable presumption that the will was destroyed with the intent to revoke. The burden is on the will proponent(s) to overcome the presumption. Where no duplicate originals of the will can be found, a copy can be introduced into evidence to show the intentions of the testator and the contents of the will. Where there is conflicting evidence as to whether the will was revoked, it will be decided by the trier of fact, based on the weight of the evidence....
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