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AL Supreme Court

McGlinchey Stafford

Litigation Byte (June Edition)

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The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more

McGlinchey Stafford

Litigation Byte (May Edition)

McGlinchey Stafford on

The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format will reflect McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more

Bradley Arant Boult Cummings LLP

Alabama Supreme Court Upholds Legality of Mandated Borrower Payments During Foreclosure Litigation

The Alabama Supreme Court’s recent ruling in Coan v. Championship Property, LLC has significant implications for mortgage lenders, servicers, and foreclosure sale purchasers. The decision settles a contested issue: May trial...more

McGlinchey Stafford

Alabama Supreme Court Clarifies Hold-Over Tenant Foreclosure Payment Rules

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On May 31, 2024, the Alabama Supreme Court released its opinion in Crystal Kaye Coan v. Championship Property, LLC, SC-2023-0740. For the first time, the court held that a servicer and/or high bidder from a foreclosure sale...more

Rumberger | Kirk

Into the Void: The Defense of Lack of Subject-Matter Jurisdiction

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Subject matter jurisdiction describes the power and author­ity to adjudicate a case, and to enter a valid, binding judg­ment. This power is derived from Alabama’s constitution and its statutes....more

K&L Gates LLP

Alabama Supreme Court's Ruling Regarding In Vitro Fertilization and Its Impact on Fertilization Treatment Services Locally and...

K&L Gates LLP on

On 16 February 2024, the Supreme Court of Alabama published its opinion, “Supreme Court of Alabama, SC-2022-0515,” regarding whether embryos located outside the biological uterus are considered unborn children pursuant to...more

McGlinchey Stafford

Alabama Supreme Court Decision: Former Mortgagees are Necessary and Indispensable Parties in Ejectment Action with Wrongful...

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In April 2024, the Alabama Supreme Court issued an opinion in Alavest, LLC v. Harris that significantly expands the application of Rule 19 of the Alabama Rules of Civil Procedure to post-foreclosure proceedings when it held...more

Polsinelli

IVF Services Now Caught in the Crosshairs

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Recent legal developments in Alabama demonstrate that fertility care stakeholders should prepare for additional state regulation of in vitro fertilization (“IVF”) and other assisted reproductive technology (“ART”) services in...more

Sheppard Mullin Richter & Hampton LLP

IVF Caught in the Crosshairs: The Aftermath of the LePage Decision

I. Alabama Legislation Following LePage - On March 7th, the Alabama Legislature passed SB159 (“SB159” or the “bill”), as a means of granting certain protections to IVF clinics and providers in the wake of the LePage v....more

Fox Rothschild LLP

Whether Making Laws or Babies, Caution is Needed.

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We wrote last week about the Alabama Supreme Court case which held that under that state’s law a frozen embryo housed in a laboratory was a child as a matter of law and the parents of such a “child” had legal rights to...more

Seyfarth Shaw LLP

Employers Consider Post-Dobbs Playbook in Dealing with Alabama Ruling on IVF Treatments

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Seyfarth Synopsis: Last week, the Alabama Supreme Court ruled that cryogenically frozen embryos are children and are protected from destruction under state law. This is the latest in a series of post-Dobbs judicial rulings...more

Sullivan & Worcester

LePage v. Mobile Infirmary Association: Alabama Wrongful Death of a Minor Statute Applies to Cryogenically Preserved Embryos

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Carole M. Bass and Cara Koss co-authored this article. The authors have long raised as an issue the impact personhood legislation could have on assisted reproduction and, by extension, on estate and trust administration...more

Morgan Lewis

Alabama Supreme Court Ruling on Frozen Embryos Raises Complex Questions for IVF and Fertility Industry

Morgan Lewis on

The Alabama Supreme Court recently ruled that frozen embryos, or “extrauterine children,” should be afforded the same legal protections as living children under a state wrongful death law....more

Epstein Becker & Green

In Alabama, Pre-Embryos are “Extrauterine Children” Under the State’s Wrongful Death Statute

Epstein Becker & Green on

On February 16, 2024, the Alabama Supreme Court issued an opinion in the consolidated cases LePage et al., v. The Center for Reproductive Medicine et al. and Burdick-Aysenne et al., v. The Center for Reproductive Medicine et...more

Goodwin

Alabama IVF Clinics: Potential Implications of the LePage Case

Goodwin on

On February 16, 2024, the Alabama Supreme Court issued a significant and controversial ruling that gave personhood status to unimplanted human embryos—a decision with considerable implications for in vitro fertilization...more

Fox Rothschild LLP

Alabama Court Rules that Embryos are “Children.”

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The decision was issued by the Alabama Supreme Court on February 16, 2024. The implications can be said to be national in scope as individual states step forward with their own interpretations of Dobbs v. Jackson Women’s...more

Bradley Arant Boult Cummings LLP

Alabama Supreme Court Narrows Grounds to Challenge Mortgage Foreclosure Sales

The Alabama Supreme Court recently issued a major published decision on circumstances in which a residential borrower can challenge a mortgage foreclosure sale. In Littlefield v. Smith, the court elevated the bona fide...more

Nelson Mullins Riley & Scarborough LLP

Navigating Alabama Tax Sale Redemptions: Proving Entitlement to Mesne Profits

In a recent opinion by the Alabama Supreme Court in Smith v. Cameron (SC-2023-0495), the court issued an opinion affirming a trial court’s refusal to award mesne profits to a tax deed holder following the trial court’s order...more

Bradley Arant Boult Cummings LLP

Sign on the Line: Alabama Supreme Court Requires Employer Signatures on Non-competes

If you use non-competes, make sure you complete all the steps to make them enforceable. It may be your practice to ask the employee to sign it and then not sign it yourself. While we seldom see challenges to this practice,...more

Carlton Fields

Alabama Supreme Court Clarifies Courts’ Authority to Issue Preliminary Injunctions in Disputes Subject to Arbitration

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In its recent decision in Hyundai Construction Equipment Americas Inc. v. Southern Lift Trucks LLC, the Alabama Supreme Court considered whether the trial court erred in granting preliminary injunctive relief in a dispute...more

Carlton Fields

Alabama Supreme Court Reverses Orders Denying Motions to Compel Arbitration Under Employment Agreement

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In Women’s Care Specialists, P.C. v. Dr. Margot G. Potter and Dr. Karla Kennedy v. Dr. Margot G. Potter, the Alabama Supreme Court reversed opinions of the trial court that had denied motions to compel arbitration and held...more

Nelson Mullins Riley & Scarborough LLP

Alabama Supreme Court Interprets “Preservation improvements” in Tax Sale Statutes

On Friday, the Alabama Supreme Court issued its opinion in Ex parte J.C. King III (In re: Anderson Realty Grp., LLC v. J.C. King III), No. SC-2022-0653, addressing for the first time the term “preservation improvements” in...more

Bradley Arant Boult Cummings LLP

How Final Is a Final Award? Turns Out, It Is Difficult to “Escapes!” a Final Arbitration Award in a Construction Conflict

How final is a final arbitration award? In Escapes! To the Shores Condominium Association, Inc., et al. v. Hoar Construction, LLC, and Architectural Surfaces, Inc., the plaintiff condo association argued that an arbitration...more

Burr & Forman

The Burr Broadcast February 2023 - Do Employee Handbooks Impose Contractual Obligations on Employers?

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In the latest episode of the Burr Broadcast, Cayman L. Caven discusses a recent decision from the Alabama Supreme Court that could make it easier for employees to argue that an employee handbook imposes contractual...more

Bradley Arant Boult Cummings LLP

The Handbook Tale: Beware the Importance of Your Paperwork

Is your employee handbook a binding contract? A recent case from the Alabama Supreme Court, Davis v. City of Montevallo, says sometimes it is. Many employers issue handbooks to set forth guidelines for what employers expect...more

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