Filing a lawsuit can feel intimidating and difficult. Even more so, navigating how to file an appeal after you lose a case can seem incredibly confusing. Recently, in Marshall County, in Alabama Medicaid Agency v. Brooks, the Court of Civil Appeals addressed whether an electronically filed “complaint” was enough to properly appeal a probate action. […]
Bank Can Enforce Creditor Rights in Jefferson County, Alabama
Dividing the assets in a divorce case is a complicated process in and of itself. However, that divorce can be even further complicated when the bank sues the spouses, alleging that the divorce agreement was fraudulent. Recently, in Jefferson County, in Holsombeck v. USAmeriBank f/k/a/ Aliant Bank, the court addressed whether property conveyed as part […]
Monetary Damages Related to Will In Montgomery County, Alabama
Fights over a loved one’s last wishes can be hostile, drawn-out, and incredibly common. What might be less common, however, is the negative effects that these probate battles can have on a beneficiary’s health. Will contest, Code of Alabama (1975), §§ 43-8-190 & 199, are more common than you might think. As sad as it may seem, […]
Property Purchased During Divorce Eligible for Distribution in Jefferson County, Alabama
When a court considers a couples’ divorce, it looks at all the assets acquired between the two parties. Separate property cannot be distributed; marital property, however, will be split accordingly between the parties. Recently, in Jefferson County, in McMillan v. McMillan, the Court of Civil Appeals considered whether property bought after filing of a divorce […]
Alert of SEC Crucial to Whistleblower Immunity
Whistleblowers are people who expose any kind of information or activity that is deemed illegal or unethical within an organization. Under certain laws whistleblowers are afforded protections for their actions. Recently, in Digital Realty Trust, Inc. v. Somers, the United States Supreme Court addressed whether the Dodd-Frank Act’s anti-retaliation provision extended to an individual who […]
Defendant Denied Due Process When Allowed to Withdraw from Mental Evaluation
An evaluation of a defendant’s mental capacity is an important protection in criminal cases. A defendant is mentally incompetent if he lacks sufficient ability to assist in his defense with a reasonable degree of understanding of the ongoing case. In Lauderdale County, Alabama, in Weeks v. State of Alabama, the Court of Criminal Appeals addressed […]
Plaintiff’s Failure to Present Evidence Preserves Municipal Immunity for City
Sometimes figuring out who to sue can be one of the more difficult parts of a lawsuit. When you get hit by in a car accident, you sue the other driver. But what happens when you experience an injury that isn’t directly caused by another person but isn’t your fault either? Recently, in Colbert County, […]
Visitation Complicated by Mother’s Relocation in Lauderdale County, Alabama
One of the most difficult parts of drawing up a custody arrangement can be determining visitation. This facet can be further complicated when the two parents live out of state and are trying to make visitation as “equal” as possible. Recently, in Lauderdale County, in Freeback v. Freeback, the Court of Civil Appeals addressed postjudgment […]
District Court does not have Authority to Order Discovery
Discovery is a procedure in a lawsuit in which each party can obtain evidence from the other party before trial begins. It is important in any trial, but especially for defendants in criminal trials because the State has an advantage in the resources available to collect this evidence. Recently, in Montgomery County, in In re: […]
Employer Cannot Appeal Workers’ Comp Award of Damages in Walker County, Alabama
Damages are an award, typically of money, to be paid to a party in a case as compensation for that person’s loss or injury. The rules for determining those damages can and frequently do vary based on the type of claim to which they apply. Recently, in Walker County, in Jasper Water Works and Sewer […]
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