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  • Commentaries
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Alabama Case Commentaries

Sheriffs Need Not Accept Warrantless Municipal Arrestees Absent Statute or Agreement: Custody–Jurisdiction Line Clarified in City of Birmingham v. Pettway

Sheriffs Need Not Accept Warrantless Municipal Arrestees Absent Statute or Agreement: Custody–Jurisdiction Line Clarified in City of Birmingham v. Pettway

Date: Oct 29, 2025
Sheriffs Need Not Accept Warrantless Municipal Arrestees Absent Statute or Agreement: Custody–Jurisdiction Line Clarified in City of Birmingham v. Pettway Introduction In City of Birmingham v....
Mootness Bars Post‑Remand Declaratory Judgments: Alabama Supreme Court Requires Dismissal When Relief Is Afforded and Damages Are Barred — City of Orange Beach v. Boles (2025)

Mootness Bars Post‑Remand Declaratory Judgments: Alabama Supreme Court Requires Dismissal When Relief Is Afforded and Damages Are Barred — City of Orange Beach v. Boles (2025)

Date: Oct 29, 2025
Mootness Bars Post‑Remand Declaratory Judgments: Alabama Supreme Court Requires Dismissal When Relief Is Afforded and Damages Are Barred — City of Orange Beach v. Boles (2025) Introduction In City of...
Kolessar v. SJP: Alabama Supreme Court Bars Trial Courts from Ordering Receivers to Pay Pre‑Receivership Debts Without Respecting Creditor Priorities; Such Orders Are Appealable Injunctions

Kolessar v. SJP: Alabama Supreme Court Bars Trial Courts from Ordering Receivers to Pay Pre‑Receivership Debts Without Respecting Creditor Priorities; Such Orders Are Appealable Injunctions

Date: Oct 29, 2025
Kolessar v. SJP: Alabama Supreme Court Bars Trial Courts from Ordering Receivers to Pay Pre‑Receivership Debts Without Respecting Creditor Priorities; Such Orders Are Appealable Injunctions...
Imputed Corporate Knowledge and Waiver of Arbitrator-Partiality Challenges under the FAA: Apex Restoration DKI v. Rocca

Imputed Corporate Knowledge and Waiver of Arbitrator-Partiality Challenges under the FAA: Apex Restoration DKI v. Rocca

Date: Oct 18, 2025
Imputed Corporate Knowledge and Waiver of Arbitrator-Partiality Challenges under the FAA Restore with Apex, Inc., d/b/a Apex Restoration DKI v. Zachary Rocca (Supreme Court of Alabama, Oct. 17, 2025)...
“Prove Incapacity at the Moment of Signing”: Alabama Supreme Court Reaffirms Apparent-Authority Standard for Nursing‑Home Arbitration Agreements

“Prove Incapacity at the Moment of Signing”: Alabama Supreme Court Reaffirms Apparent-Authority Standard for Nursing‑Home Arbitration Agreements

Date: Oct 18, 2025
“Prove Incapacity at the Moment of Signing”: Alabama Supreme Court Reaffirms Apparent-Authority Standard for Nursing‑Home Arbitration Agreements Introduction In Mobile Nursing and Rehabilitation...
Rent Is Not Purchase Price: Alabama Supreme Court Strictly Construes Lease-Option Credits and Applies Prevention Doctrine in McCain v. Sneed

Rent Is Not Purchase Price: Alabama Supreme Court Strictly Construes Lease-Option Credits and Applies Prevention Doctrine in McCain v. Sneed

Date: Oct 11, 2025
Rent Is Not Purchase Price: Alabama Supreme Court Strictly Construes Lease-Option Credits and Applies Prevention Doctrine in McCain v. Sneed Introduction In LaTonya McCain v. James Sneed and Vernetta...
Mandamus Review Under § 45-37A-51.139 Requires the Board Record or Additional Evidence; Progressive Conditions Do Not Satisfy the “Accident at a Definite Time and Place” Requirement for Extraordinary Disability

Mandamus Review Under § 45-37A-51.139 Requires the Board Record or Additional Evidence; Progressive Conditions Do Not Satisfy the “Accident at a Definite Time and Place” Requirement for Extraordinary Disability

Date: Oct 11, 2025
Mandamus Review Under § 45-37A-51.139 Requires the Board Record or Additional Evidence; Progressive Conditions Do Not Satisfy the “Accident at a Definite Time and Place” Requirement for Extraordinary...
Pleading-Stage Constitutional Scrutiny of Municipal Tax Classifications: Equal Protection, Vagueness, and Dormant Commerce Clause Claims May Proceed; Zoning-Notice Attack Fails — Campus Crest v. City of Tuscaloosa

Pleading-Stage Constitutional Scrutiny of Municipal Tax Classifications: Equal Protection, Vagueness, and Dormant Commerce Clause Claims May Proceed; Zoning-Notice Attack Fails — Campus Crest v. City of Tuscaloosa

Date: Oct 8, 2025
Pleading-Stage Constitutional Scrutiny of Municipal Tax Classifications: Equal Protection, Vagueness, and Dormant Commerce Clause Claims May Proceed; Zoning-Notice Attack Fails Introduction In Campus...
Corporate Venue Statute Applies to LLCs: Alabama Supreme Court Overrules WMS and Aligns LLC Venue with § 6-3-7

Corporate Venue Statute Applies to LLCs: Alabama Supreme Court Overrules WMS and Aligns LLC Venue with § 6-3-7

Date: Sep 30, 2025
Corporate Venue Statute Applies to LLCs: Alabama Supreme Court Overrules WMS and Aligns LLC Venue with § 6-3-7 Introduction In Ex parte Phillip H. Rivers, Steven Nobles, Todd Martin, Stan Roberts,...
Ex parte Thompson: Post-Deposition Inaction Defeats Relation Back — Due Diligence Requires Timely Discovery and Prompt Substitution Under Rule 9(h)

Ex parte Thompson: Post-Deposition Inaction Defeats Relation Back — Due Diligence Requires Timely Discovery and Prompt Substitution Under Rule 9(h)

Date: Sep 30, 2025
Ex parte Thompson: Post-Deposition Inaction Defeats Relation Back — Due Diligence Requires Timely Discovery and Prompt Substitution Under Rule 9(h) Introduction In Ex parte Grisby Jacob Thompson, the...
When a Continuance Extends Rule 59.1: Alabama Supreme Court Requires Continuance Motions and Orders to Appear in the Appellate Record

When a Continuance Extends Rule 59.1: Alabama Supreme Court Requires Continuance Motions and Orders to Appear in the Appellate Record

Date: Sep 30, 2025
When a Continuance Extends Rule 59.1: Alabama Supreme Court Requires Continuance Motions and Orders to Appear in the Appellate Record Introduction In Teresa Williams and Barney’s Childcare and...
No Preservation Bar to “Failure to Charge an Offense” in De Novo Municipal Appeals; Rule 13.2 Supplants Pre‑Rules Ordinance‑Averment Requirements

No Preservation Bar to “Failure to Charge an Offense” in De Novo Municipal Appeals; Rule 13.2 Supplants Pre‑Rules Ordinance‑Averment Requirements

Date: Sep 30, 2025
No Preservation Bar to “Failure to Charge an Offense” in De Novo Municipal Appeals; Rule 13.2 Supplants Pre‑Rules Ordinance‑Averment Requirements Case: Ex parte John Sandifer; Ex parte Curtis Tanner;...
Accident Location Is Not Dispositive: Evidence, Not Assertions, Controls Transfers Under Alabama’s Forum Non Conveniens Statute (§ 6-3-21.1)

Accident Location Is Not Dispositive: Evidence, Not Assertions, Controls Transfers Under Alabama’s Forum Non Conveniens Statute (§ 6-3-21.1)

Date: Sep 25, 2025
Accident Location Is Not Dispositive: Evidence, Not Assertions, Controls Transfers Under Alabama’s Forum Non Conveniens Statute (§ 6-3-21.1) Introduction This commentary analyzes the Supreme Court of...
Substantive Immunity Shields Municipalities from Negligence Claims Over Inoperable Interstate Streetlights

Substantive Immunity Shields Municipalities from Negligence Claims Over Inoperable Interstate Streetlights

Date: Sep 25, 2025
Substantive Immunity Shields Municipalities from Negligence Claims Over Inoperable Interstate Streetlights Introduction In Ex parte City of Birmingham (In re: Smith v. City of Birmingham), decided on...
Sampson Limited: Affirmative Defenses Must Be Evidenced at Summary Judgment; Hayden Foreclosure Standard Reaffirmed

Sampson Limited: Affirmative Defenses Must Be Evidenced at Summary Judgment; Hayden Foreclosure Standard Reaffirmed

Date: Sep 13, 2025
Sampson Limited: Affirmative Defenses Must Be Evidenced at Summary Judgment; Hayden Foreclosure Standard Reaffirmed Introduction In Russell A. Collins and Stacey D. Collins v. West Alabama Bank &...
Ex parte Tanner: Extending Ford’s “Relate-To” Specific Jurisdiction to Cross‑Border Health Systems; AMLA Venue Applicability to Out‑of‑State Malpractice Unresolved

Ex parte Tanner: Extending Ford’s “Relate-To” Specific Jurisdiction to Cross‑Border Health Systems; AMLA Venue Applicability to Out‑of‑State Malpractice Unresolved

Date: Sep 13, 2025
Ex parte Tanner: Extending Ford’s “Relate-To” Specific Jurisdiction to Cross‑Border Health Systems; AMLA Venue Applicability to Out‑of‑State Malpractice Unresolved Introduction This commentary...
No State Exhaustion Bar to § 1983 Due‑Process Delay Claims; Alabama Supreme Court Remands for Fact‑Finding on Mootness After SCOTUS Reversal

No State Exhaustion Bar to § 1983 Due‑Process Delay Claims; Alabama Supreme Court Remands for Fact‑Finding on Mootness After SCOTUS Reversal

Date: Sep 13, 2025
No State Exhaustion Bar to § 1983 Due‑Process Delay Claims; Alabama Supreme Court Remands for Fact‑Finding on Mootness After SCOTUS Reversal Introduction This commentary analyzes the Alabama Supreme...
No Presumption from Criminal Stand‑Your‑Ground Immunity: Alabama Supreme Court Reaffirms Rule 56 Burdens in Subsequent Civil Cases

No Presumption from Criminal Stand‑Your‑Ground Immunity: Alabama Supreme Court Reaffirms Rule 56 Burdens in Subsequent Civil Cases

Date: Sep 9, 2025
No Presumption from Criminal Stand‑Your‑Ground Immunity: Alabama Supreme Court Reaffirms Rule 56 Burdens in Subsequent Civil Cases Introduction In Arethea Hurbert, an incompetent person, by and...
Municipal Immunity Does Not Automatically Defeat Fraud Claims: Alabama Supreme Court Clarifies § 11-47-190 and Limits Mandamus Review to Preserved Immunity Grounds

Municipal Immunity Does Not Automatically Defeat Fraud Claims: Alabama Supreme Court Clarifies § 11-47-190 and Limits Mandamus Review to Preserved Immunity Grounds

Date: Aug 30, 2025
Municipal Immunity Does Not Automatically Defeat Fraud Claims: Alabama Supreme Court Clarifies § 11-47-190 and Limits Mandamus Review to Preserved Immunity Grounds Introduction In Ex parte City of...
Absent Transcript, Appellate Deference Controls: Circuit Courts May Not Recalculate Probate Administrator ad Litem Fees on Appeal Under § 12-22-20

Absent Transcript, Appellate Deference Controls: Circuit Courts May Not Recalculate Probate Administrator ad Litem Fees on Appeal Under § 12-22-20

Date: Aug 30, 2025
Absent Transcript, Appellate Deference Controls: Circuit Courts May Not Recalculate Probate Administrator ad Litem Fees on Appeal Under § 12-22-20 Introduction This commentary examines the Alabama...
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