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  • Commentaries
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Alabama Case Commentaries

“Home Is Where the Writ Is”: The Alabama Supreme Court Presumes a Marital Residence to Be a Defendant’s “Usual Place of Abode” and Clarifies Adult-Child Acceptance of Service under Rule 4

“Home Is Where the Writ Is”: The Alabama Supreme Court Presumes a Marital Residence to Be a Defendant’s “Usual Place of Abode” and Clarifies Adult-Child Acceptance of Service under Rule 4

Date: May 10, 2025
“Home Is Where the Writ Is”: The Alabama Supreme Court Presumes a Marital Residence to Be a Defendant’s “Usual Place of Abode” and Clarifies Adult-Child Acceptance of Service under Rule 4 I....

        Implied-Consent Quantum Meruit Awards Survive the “Express-Contract Bar” – 
        An Analysis of JB Accounting Services, LLC v. Winters

Implied-Consent Quantum Meruit Awards Survive the “Express-Contract Bar” – An Analysis of JB Accounting Services, LLC v. Winters

Date: May 10, 2025
Implied-Consent Quantum Meruit Awards Survive the “Express-Contract Bar” – JB Accounting Services, LLC; JB Accounting Tax Service Check Cashing, LLC; JB Accounting Tax Services, LLC; and Jennifer...
Personal Motives, Corporate Shields: Alabama Supreme Court Narrows Vicarious Liability and Clarifies Causation in Intentional-Interference Claims – Commentary on Flickinger v. King (2025)

Personal Motives, Corporate Shields: Alabama Supreme Court Narrows Vicarious Liability and Clarifies Causation in Intentional-Interference Claims – Commentary on Flickinger v. King (2025)

Date: May 10, 2025
Personal Motives, Corporate Shields: Alabama Supreme Court Narrows Vicarious Liability and Clarifies Causation in Intentional-Interference Claims – Commentary on Flickinger v. King (2025) 1....
“Of Record Before the Clock Runs”: The Alabama Supreme Court Reinforces the Rule 59.1 Filing Requirement in Williams v. ADHR

“Of Record Before the Clock Runs”: The Alabama Supreme Court Reinforces the Rule 59.1 Filing Requirement in Williams v. ADHR

Date: May 10, 2025
“Of Record Before the Clock Runs”: The Alabama Supreme Court Reinforces the Rule 59.1 Filing Requirement in Williams v. ADHR 1. Introduction In Teresa Williams and Barney's Childcare and Learning...
Waiver of “Person Aggrieved” Requirement: Jurisdiction vs. Capacity in Zoning Appeals

Waiver of “Person Aggrieved” Requirement: Jurisdiction vs. Capacity in Zoning Appeals

Date: May 3, 2025
Waiver of “Person Aggrieved” Requirement: Jurisdiction vs. Capacity in Zoning Appeals Introduction In Ex parte Teachers’ Retirement System of Alabama et al. (2025), the Supreme Court of Alabama...
Expanding Equitable Remedies in Land Encroachment Disputes: Trial Courts’ Discretion Beyond Easements

Expanding Equitable Remedies in Land Encroachment Disputes: Trial Courts’ Discretion Beyond Easements

Date: May 3, 2025
Expanding Equitable Remedies in Land Encroachment Disputes: Trial Courts’ Discretion Beyond Easements Introduction In Alan Haag v. Wilson Properties, LLC, and John Owen Wilson (SC-2024-0405), the...
Enforcement of Appellate Mandamus Orders Prior to Expiration of Trial Court Jurisdiction

Enforcement of Appellate Mandamus Orders Prior to Expiration of Trial Court Jurisdiction

Date: May 3, 2025
Enforcement of Appellate Mandamus Orders Prior to Expiration of Trial Court Jurisdiction Introduction This commentary examines the Supreme Court of Alabama’s decision in Ex parte Tramaine Bonner,...
Arbitration of Derivative Claims Under Alabama’s § 8-1-150: Binding Nonsignatories to Arbitration Agreements

Arbitration of Derivative Claims Under Alabama’s § 8-1-150: Binding Nonsignatories to Arbitration Agreements

Date: Apr 26, 2025
Arbitration of Derivative Claims Under Alabama’s § 8-1-150: Binding Nonsignatories to Arbitration Agreements Introduction In Zynga, Inc. v. Gayla Hamilton Mills (SC-2024-0454) and Huuuge, Inc. v....
Rule 56(f) and the Right to Essential Discovery: Ordonez v. Capitol Farmers Market, Inc.

Rule 56(f) and the Right to Essential Discovery: Ordonez v. Capitol Farmers Market, Inc.

Date: Apr 26, 2025
Rule 56(f) and the Right to Essential Discovery Before Summary Judgment Introduction In Ordonez v. Capitol Farmers Market, Inc., SC-2024-0424 (Ala. Apr. 25, 2025), the Supreme Court of Alabama...
Jurisdictional and Substantive Limits on ASORCNA Relief: Civil-Filing Requirement and Exclusion of Custodial Sexual Misconduct

Jurisdictional and Substantive Limits on ASORCNA Relief: Civil-Filing Requirement and Exclusion of Custodial Sexual Misconduct

Date: Apr 26, 2025
Jurisdictional and Substantive Limits on ASORCNA Relief: Civil-Filing Requirement and Exclusion of Custodial Sexual Misconduct Introduction In Briana Marquise Matthews v. State of Alabama, 2025 WL...
Affirmation of Police Pursuit Immunity under Section 6-5-338

Affirmation of Police Pursuit Immunity under Section 6-5-338

Date: Apr 26, 2025
Affirmation of Police Pursuit Immunity under Section 6-5-338 Introduction In Ex parte City of Montgomery and Shelton Davis (2025), the Supreme Court of Alabama addressed whether a municipal police...
Agency Possession Estoppel: Validity of Leases by Non-Title-Holding Lessors

Agency Possession Estoppel: Validity of Leases by Non-Title-Holding Lessors

Date: Apr 12, 2025
Agency Possession Estoppel: Validity of Leases by Non-Title-Holding Lessors Introduction In Hembree Insurance Trust v. Maples Industries, Inc., the Supreme Court of Alabama addressed whether a named...
Continuous-Tort Accrual and Jurisdictional Limits in PFAS Contamination Suits

Continuous-Tort Accrual and Jurisdictional Limits in PFAS Contamination Suits

Date: Apr 5, 2025
Continuous-Tort Accrual and Jurisdictional Limits in PFAS Contamination Suits Introduction Ex parte DuPont De Nemours, Inc. (2025) is a consolidated mandamus review by the Supreme Court of Alabama of...
Substantive Immunity Shields Municipalities from Negligent Inspection Claims

Substantive Immunity Shields Municipalities from Negligent Inspection Claims

Date: Apr 5, 2025
Substantive Immunity Shields Municipalities from Negligent Inspection Claims Introduction The Supreme Court of Alabama’s decision in Ex parte City of Orange Beach (Apr. 4, 2025) clarifies and...
Partial Names Insufficient: State Immunity, Fictitious-Party Practice, and Jurisdiction in Ex parte Jefferson County Board of Education

Partial Names Insufficient: State Immunity, Fictitious-Party Practice, and Jurisdiction in Ex parte Jefferson County Board of Education

Date: Apr 5, 2025
Partial Names Insufficient: State Immunity, Fictitious-Party Practice, and Jurisdiction in Ex parte Jefferson County Board of Education Introduction Ex parte Jefferson County Board of Education,...
Waiver of Venue Objections Under Rule 12(h)(1) Overrides AMLA Venue Provisions

Waiver of Venue Objections Under Rule 12(h)(1) Overrides AMLA Venue Provisions

Date: Mar 29, 2025
Waiver of Venue Objections Under Rule 12(h)(1) Overrides AMLA Venue Provisions Introduction In Ex parte Andrew J. Scarborough, as Administrator of the Estate of Timothy John Chumney, deceased v....
Municipal Immunity for Stormwater‐Drainage Design within Industry Standards: In re Burrell v. City of Muscle Shoals

Municipal Immunity for Stormwater‐Drainage Design within Industry Standards: In re Burrell v. City of Muscle Shoals

Date: Mar 29, 2025
Municipal Immunity for Stormwater‐Drainage Design within Industry Standards: In re Burrell v. City of Muscle Shoals Introduction In In re Burrell v. City of Muscle Shoals (Supreme Court of Alabama,...
Guarantor Liability in Commercial Leases and Ore Tenus Presumption for Unrecorded Damages Hearings

Guarantor Liability in Commercial Leases and Ore Tenus Presumption for Unrecorded Damages Hearings

Date: Mar 22, 2025
Guarantor Liability in Commercial Leases and Ore Tenus Presumption for Unrecorded Damages Hearings Introduction Island Girl Outfitters, LLC (“IGO”) leased retail space at Eastern Shore Centre from...
Out-of-State Insurer’s Nationwide Uninsured-Motorist Coverage Does Not Confer Alabama Jurisdiction

Out-of-State Insurer’s Nationwide Uninsured-Motorist Coverage Does Not Confer Alabama Jurisdiction

Date: Mar 22, 2025
Out-of-State Insurer’s Nationwide Uninsured-Motorist Coverage Does Not Confer Alabama Jurisdiction Introduction The Supreme Court of Alabama’s decision in Ex parte Kentucky Farm Bureau Mutual...
Express‐Exclusion and Severability in Arbitration Agreements: Carter v. Morrow

Express‐Exclusion and Severability in Arbitration Agreements: Carter v. Morrow

Date: Mar 22, 2025
Express‐Exclusion and Severability in Arbitration Agreements: Carter v. Morrow Introduction Carter v. Morrow, decided March 21, 2025 by the Supreme Court of Alabama, arises from a failed real‐estate...
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