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Jeremy W. RichterJeremy W. Richter
Jeremy W. RichterJeremy W. Richter
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venue

Doing Business by Principal in a County Does Not Create Proper Venue

Doing Business by Principal in a County Does Not Create Proper Venue

Mar 13, 2017

Ex parte Hibbett Sporting Goods, Inc.: For venue purposes, pursuant to Alabama Code (1975) § 6-3-7(a)(3), proper venue is not established by the principal of an entity doing business in a particular county, rather than an agent. Facts and Contentions Keith Cantrell was a commercial driver for Hibbett Sporting Goods, Inc (“Hibbett Sporting Goods”). During his employment, he was injured while in Indiana. Cantrell sued Hibbett Sporting Goods for workers’ compensation benefits, bringing his claim in Lamar County, Alabama. Cantrell lived in Lamar County. Hibbett Sporting Goods filed a motion to transfer venue to Jefferson County, arguing that Lamar County was an improper venue,...

Denying Unsworn Pleadings That Aren’t Supported by Evidence

Denying Unsworn Pleadings That Aren’t Supported by Evidence

Mar 6, 2017

Ex parte Gentile Company, LLC: Where a party fails to support its unsworn pleadings with evidence supporting its arguments, the party’s motion will not be granted because statements and arguments of counsel in unsworn pleadings are not evidence. Gentile Company, LLC and Bright Star Restaurant, Inc. entered into a contract for Gentile to provide cleaning services for Bright Star. Gentile alleges that Bright Star wrongfully terminated the contract in April 2016. In May 2016, Gentile brought suit against Bright Star for breach of contract in the Circuit Court of Jefferson County. Bright Star is located in the Bessemer Cutoff of Jefferson...

Proper Venue for Breach of Contract and Personal Injury Actions

Proper Venue for Breach of Contract and Personal Injury Actions

Nov 7, 2016

Ex parte Jim Burke Automotive – In breach of contract and personal injury claims, venue is proper where the wrongful act or omission occurred, rather than where the resulting damage to the plaintiff was incurred.

Forum Non Conveniens Statute Weighs Factors to Determine Venue

Forum Non Conveniens Statute Weighs Factors to Determine Venue

Oct 20, 2016

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.

Venue When an Out-of-State Resident Is Injured in Alabama

Venue When an Out-of-State Resident Is Injured in Alabama

Oct 17, 2016

Alabama law will govern tort claims arising out of injuries that occurred in Alabama.

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