News & Analysis as of

AL Supreme Court Dismissals

Rumberger | Kirk

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

Rumberger | Kirk on

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

Eversheds Sutherland (US) LLP

Litigation update on Alabama patronage capital cases

A recent Alabama Supreme Court decision has handed an important victory to electric cooperatives defending their patronage capital practices in the state. The court affirmed the trial court’s dismissal in Recherche LLC v....more

Bradley Arant Boult Cummings LLP

In Alabama, Not All Debts Are Created Equal

Alabama’s materialman’s lien statute (specifically, Ala. Code § 35-11-211) was intended to provide construction lenders priority over materialmen as to debts relating to construction projects, and this intent was recently...more

Bradley Arant Boult Cummings LLP

Not All Debts Are Created Equal - Construction and Procurement Law News, Q3 2019

Alabama’s materialman’s lien statute (specifically, Ala. Code § 35-11-211) was drafted with the intent of providing construction lenders priority over materialmen as to debts relating to construction projects. This intent was...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Inverse Condemnation/Aquatic Easement: Alabama Supreme Court Addresses Viability of Action Against State Agency

The Supreme Court of Alabama (“Court”) in an August 29 opinion addressed an inverse condemnation action against an Alabama agency. See Portersville Bay Oyster Co., v. Christopher Blankenship, No. 1161101, 2018 WL 4124504...more

Burr & Forman

Alabama Supreme Court Affirms Dismissal in Walter Energy

Burr & Forman on

On February 20, 2015, the Alabama Supreme Court affirmed the order of the Circuit Court of Jefferson County, Alabama dismissing claims asserted by Walter Energy, Inc. against investor Julian A. Treger, his firm Audley Capital...more

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