The Alabama legislature has passed legislation that could substantially affect the number of circuit and district court judges sitting in venues in the state. Assuming that SB90 becomes law, it will mandate the creation of the Judicial Resources Allocation Commission. The Judicial Resources Allocation Commission will be tasked with annually reviewing the need for either increasing or decreasing judgeships in district and circuit courts and ranking each court according to need. Members of the Judicial Resources Allocation Commission The commission will be made up of the following, and should reflect the “racial, gender, geographic, urban/rural, and economic diversity of the state”: The Chief Justice...
Beginning in 2017, parties to a lawsuit in circuit court in Alabama, whose damages are limited to $50,000.00 can voluntarily assent to their case being assigned to the Alabama Rules for Expedited Civil Actions.
Ex parte Tier 1 Trucking, LLC, and James Martin Gray, Jr. – In determining the proper venue under the forum non conveniens statute, heavily weighed factors include the location of the incident and investigation, and the counties of residence of parties and witnesses.
John Boman v. City of Gadsden – An employee handbook can create a contract between employer and employee, but the contract does not extend to matters not addressed in the handbook.
Effect of the Statute of Limitations on a Complaint Filed without Bona Fide Intent to Serve the Defendants
ENT Associates of Alabama, P.A., et al. v. Lauryn Diane Hoke – Where a plaintiff has no bona fide intent to serve defendants at the time a complaint is filed or prior to the running of the statute of limitations, the action is not commenced and is time-barred.
In making an AEMLD claim, a party cannot use a different product altogether to show a safer, practical, alternative design to the product in question.
Ex parte Lincare Inc. and Angela Stewart – The Workers’ Compensation Act’s exclusivity provision precludes a claim against the employer for an employee’s willful conduct.
In Alabama, a jury demand is required to be endorsed, but not signed.
A legal injury occurs, not when the harm manifests itself, but rather when the malpractice itself occurs.
Subjective intent for an arrest and subsequent prosecution is immaterial so long as there is probable cause, even when there is evidence of personal animosity and a competing financial interest.