The Appellate Corner
| Publication year | 2014 |
| Pages | 0258 |
| Citation | Vol. 75 No. 4 Pg. 0258 |
Wilson F. Green
Marc A. Starrett
By Wilson F. Green
Wilson F. Green is a partner in Fleenor & Green LLP in Tuscaloosa. He is a summa cum laude graduate of the University of Alabama School of Law and a former law clerk to the Hon. Robert B. Propst, United States District Court for the Northern District of Alabama. From 2000-09, Green served as adjunct professor at the law school, where he taught courses in class actions and complex litigation. He represents consumers and businesses in consumer and commercial litigation.
By Marc A. Starrett
Marc A. Starrett is an assistant attorney general for the State of Alabama and represents the state in criminal appeals and habeas corpus in all state and federal courts. He is a graduate of the University of Alabama School of Law. Starrett served as staff attorney to Justice Kenneth Ingram and Justice Mark Kennedy on the Alabama Supreme Court, and was engaged in civil and criminal practice in Montgomery before appointment to the Office of the Attorney General. Among other cases for the office, Starrett successfully prosecuted Bobby Frank Cherry on appeal from his murder convictions for the 1963 bombing of Birmingham's Sixteenth Street Baptist Church.
RECENT CIVIL DECISIONS
From the Alabama Supreme Court
Personal Jurisdiction
Ex parte Merches, No. 1120965 (Ala. Mar. 14, 2014)
Out-of-state employee's contacts with Alabama, even though related to the events giving rise to the case, were not instigated by her and were insufficient to subject her to personal jurisdiction in Alabama
Bail Bonds; Standing and Immunity
Poiroux v. Rich, No. 1120734 (Ala. Mar. 14, 2014)
Under Patterson v. Gladwin Corp., 835 So. 2d 137 (Ala. 2002), section 14 immunity barred plaintiffs' claims, brought on behalf of a class of persons, for refunds of purportedly unconstitutional bail-bonds fees.
Municipal Liability; Caps
Morrow v. Caldwell, __ So.3d __, No. 1111359 (Ala. March 14, 2014)
In a unanimous per curiam opinion, the court held that the $100,000 cap on cities and counties does not apply to city and county employees sued in their individual capacities.
Venue; Forum Non Conveniens
Ex parte J&W Enterprises, LLC, No. 1121423 (Ala. March 28, 2014)
Texas plaintiff brought action in Clarke County against Clarke County driver and Clarke County trucking company, arising from accident occurring in Mobile County and investigated by Mobile police officer. Defendants filed forum non conveniens motion, seeking transfer to Mobile County. Trial court denied transfer, and defendants petitioned for mandamus solely on the "interests of justice" issue. The supreme court denied the writ.
Indemnity; Contracts
Nationwide Retirement Solutions, Inc. v. PEBCO, Inc., No. 1120806 (Ala. March 28, 2014)
Claims in the underlying litigation arose from a purported fulfillment of the putative indemnitor's payment obligations under a contract, not its failure to comply with the contract, and thus no indemnity was owed.
"Own Work" Exclusions; CGL Policies
Owners Ins. Co. v. Jim Carr Homebuilder LLC, No. 1120764 (Ala. March 28, 2014)
Damages for mental anguish and repair costs associated with faulty workmanship claims, asserted against a general contractor who built the entire house, were covered by a CGL policy despite the "own work" exclusions. Moreover, the "products completed operations hazard" provision, standard in CGL policies, provided coverage because the insured in this case purchased supplemental coverage to extend coverage to completed operations.
Condominium Associations
Ex parte Ross, No. 1120636 (Ala. April 4, 2014)
Association's power to foreclose judicially by an action under Ala. Code § 35-8-17 does not include the power to foreclose by sale under § 35-8A-31
Attorneys' Fees
Regions Bank v. Lowery, No. 1120612 (Ala. April 11, 2014)
Held: (1) attorneys' fees incurred in handling 27 multiple potential experts were not unreasonable simply due to the fact that the potential experts were not used as witnesses, (2) trustee was entitled to recover fees incurred in litigating its right to reimbursement for fees and (3) trustee was entitled to interest on the fees under the terms of the trust itself.
Emotional Distress Damages
Laurel v. Prince, No. 1121412 (Ala. April 11, 2014)
Alabama law does not permit recovery for fear of a future injury where plaintiff has not suffered any physical injury and there is no medical basis for concluding that plaintiff has a risk of developing any future disease
Arbitration; Post-Arbitral Review
Guardian Builders, LLC v. Uselton, No. 1121534 (Ala. April 11, 2014)
BBB arbitration clause did not empower the arbitrator to award fees, and general language in BBB rules conferring upon the arbitrator power to enter an award providing for a "fair resolution" did not give arbitrator power to award fees when applicable law would not allow for it
Attorneys' Liens
Ex parte Lambert Law Firm, LLC, No. 1121010 (Ala. May 2, 2014)
...
To continue reading
Request your trial