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What Are Our Obligations With Regard to a Client’s File?

Recently, while catching up on my “pleasure” reading — the November issue of The Alabama Lawyer — during a lunch break, I came across an article from the Office of General Counsel regarding the “Retention, Storage, Ownership,...more

In Alabama, Sewage is NOT a Pollutant Falling Within the Pollution Exclusion in a Commercial General Liability Policy

Pollution exclusion clauses are an insurance industry staple and are often contained in commercial general liability insurance policies. While one might think that raw sewage would be considered a pollutant, under current...more

The Right to Bear… Stun Guns: Second Amendment Protections Expanded?

The State of Massachusetts prohibits the possession of any “portable device or weapon from which an electrical current, impulse, wave or beam may be directed, which current impulse, wave or beam is designed to incapacitate...more

Ethics Opinion Prevents Double Dipping in a Contingency Fee Arrangement

Attorneys cannot double dip on contingency fees to settle third party liens or claims. In Ethics Opinion RO-2015-01, the Disciplinary Commission of the Alabama State Bar addressed whether or not a lawyer representing a...more

The Eleventh Circuit Reinforces the Power of the Forum-Selection Clause

Forum-selection clauses are often included in contracts and agreements, but they are generally overlooked or given little value. However, when a possible dispute arises out of a contract or agreement containing a...more

2/17/2016  /  Forum Selection

The Alabama Supreme Court Reverses Course on the Broad Use of Prepetition Discovery

Although this Alabama Supreme Court opinion was released in February of this year, my recent dealings on the topic have prompted me to highlight how the Alabama Supreme Court has reigned in the liberal use of prepetition...more

The Alabama Supreme Court Allows a Second Bite at the Arbitration Apple

Could a failure to participate in a court-ordered arbitration be enough to waive a party’s right to arbitration? A recent decision of the Alabama Supreme Court suggests it is not. In 2010, Yan Chen entered into a lease...more

Application of the FDCPA is limited by the 11th Circuit

Recently, in Davidson v. Capital One Bank (USA), N.A., 2015 U.S. App. LEXIS 14714 (11th Cir. Aug. 21, 2015), the 11th Circuit held that banks do not qualify as “debt collectors” under the Federal Debt Collection Practices Act...more

The “American Rule” Prevails: The Supreme Court denies certain fees in bankruptcy cases

In 2005, ASARCO LLC, a copper mining, smelting and refining company, was in financial trouble and filed for Chapter 11 bankruptcy. Relying on §327(a) and §1107(a) of the Bankruptcy Code, ASARCO retained two law firms to...more

Dispute Resolution: The Alabama Supreme Court allows arbitration to proceed, even after litigation had been initiated

Recently, the Alabama Supreme Court affirmed a Mobile County trial court’s order granting the stay of an action until arbitration was completed. IBI Group, Michigan, LLC v. Outokumpu Stainless USA, LLC. In 2007 and 2008, IBI...more

“The Good, the Bad and the Ugly”: Preparing Your Corporate Representative for Deposition

Recently, in Sciarretta v. Lincoln Nat’l Life Ins. Co., the Eleventh Circuit Court of Appeals affirmed monetary sanctions against a non-party corporation for the bad faith preparation of its designated corporate witness....more

Eleventh Circuit Scraps Employer’s Defense in FLSA Claim for Overtime Wages

May an employee recover under the Fair Labor Standards Act for unpaid overtime even if it was his own fault that the overtime was unpaid? The Eleventh Circuit recently answered “Yes,” in the case of Bailey v. Titlemax of Ga.,...more

Not so Fast — The Texas Supreme Court Shows Reluctance to Allow Claims for Spoliation of Evidence

In Wackenhut Corp. v. Gutierrez, 2015 Tex. LEXIS 112, 58 Tex. Sup. Ct. J. 289 (Tex. 2015), the Texas Supreme Court reversed the jury verdict against Wackenhut because a spoliation instruction was erroneously given by the...more

But I didn’t send that fax: Eleventh Circuit expands the scope of liability to businesses under the TCPA for unsolicited faxes.

Marketing and advertising is a major component of most businesses. In fact, many businesses hire marketing companies or advertisers to help promote their businesses. Recently, the Eleventh Circuit Court of Appeals addressed...more

Brown v. Tellermate: Cloud-based Data and E-discovery

According to PC Magazine, “[i]n the simplest terms, cloud computing means storing and accessing data and programs over the Internet instead of your computer’s hard drive.” Cloud-based computing has become a very popular tool...more

The Alabama Supreme Court Changes Its Mind on Coverage Under CGL Policy

Last September the Alabama Supreme Court issued an opinion addressing the applicability of the “own work” exclusion to claims against a contractor for defective construction. However, on March 28, 2014, the Alabama Supreme...more

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