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6-5-550
Section 6-5-550 Cause of action for malicious prosecution of civil action against health
care provider. There is hereby created a cause of action for damages for malicious prosecution
on the grounds that the party instituting a civil action for injury or damages whether in
contract or in tort against a health care provider based on a breach of the standard of care
knew or should have known that the same was without adequate legal basis, or false, or unfounded,
or without probable cause in the filing of such action, or that the same was filed as a part
of a conspiracy to misuse judicial process by filing such a civil action known to be without
legal basis, false, or unfounded. In any action for malicious prosecution under this section,
the injured party may recover actual damages including litigation costs paid by or on behalf
of the injured party or in the alternative liquidated damages of $500 plus a reasonable attorney's
fee and all other costs of litigation. In an action for...
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10A-10-1.15
Section 10A-10-1.15 Merger. (a) For purposes of this section, the following words
shall have the respective meanings ascribed to them: (1) ALABAMA REAL ESTATE INVESTMENT TRUST.
A real estate investment trust organized in compliance with the provisions of this chapter.
(2) BUSINESS TRUST. a. An entity described in Section 10A-16-1.01. b. An unincorporated
trust or association, including an Alabama real estate investment trust, a common-law trust,
or a Massachusetts trust, which is engaged in business and in which property is acquired,
held, managed, administered, controlled, invested, or disposed of for the benefit and profit
of any person who may become a holder of a transferable unit of beneficial interest in the
trust. (3) DOMESTIC LIMITED LIABILITY COMPANY. A limited liability company as defined under
the Alabama Limited Liability Company Law. (4) DOMESTIC LIMITED PARTNERSHIP. A limited partnership
as defined under the Alabama Limited Partnership Law. (5) FOREIGN BUSINESS TRUST. A...
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22-30E-9
Section 22-30E-9 Requirements for voluntary property assessment plans, voluntary cleanup
plans; financial assurance. (a) Subject to Sections 22-30E-8 and 22-30E-10, upon the department's
approval of a voluntary property assessment plan, approval of a voluntary cleanup plan, or
concurrence with the certification of compliance described in this section, whichever
first occurs, an applicant who is not a responsible person, as defined in Section 22-30E-3,
at the qualifying property, shall not be liable to the state or any third party for costs
incurred in the investigation or cleanup of, or equitable relief relating to, or damages resultant
from, in whole or in part, a preexisting release at the qualifying property, including, but
not limited to, any liability to the state for the cleanup of the property under Chapters
22, 27, 30, 30A, and 35 of this title, or a new release of a substance, constituent, or material
which had been part of a preexisting release at the property, unless such...
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35-9A-461
Section 35-9A-461 Landlord's action for eviction, rent, monetary damages, or other relief.
(a) A landlord's action for eviction, rent, monetary damages, or other relief relating to
a tenancy subject to this chapter shall be governed by the Alabama Rules of Civil Procedure
and the Alabama Rules of Appellate Procedure except as modified by this chapter. (b) District
courts and circuit courts, according to their respective established jurisdictions, shall
have jurisdiction over eviction actions, and venue shall lie in the county in which the leased
property is located. Eviction actions shall be entitled to precedence in scheduling over all
other civil cases. (c) Service of process shall be made in accordance with the Alabama Rules
of Civil Procedure. However, if a sheriff, constable, or process server is unable to serve
the defendant personally, service may be had by delivering the notice to any person who is
sui juris residing on the premises, or if after reasonable effort no person is...
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8-38-9
Section 8-38-9 Violations of notification requirements. (a) A violation of the notification
provisions of this chapter is an unlawful trade practice under the Alabama Deceptive Trade
Practices Act, Chapter 19 of this title, but does not constitute a criminal offense under
Section 8-19-12. The Attorney General shall have the exclusive authority to bring an
action for civil penalties under this chapter. (1) A violation of this chapter does not establish
a private cause of action under Section 8-19-10. Nothing in this chapter may otherwise
be construed to affect any right a person may have at common law, by statute, or otherwise.
(2) Any covered entity or third-party agent who is knowingly engaging in or has knowingly
engaged in a violation of the notification provisions of this chapter is subject to the penalty
provisions set out in Section 8-19-11. For the purposes of this chapter, knowingly
shall mean willfully or with reckless disregard in failing to comply with the notice...
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41-5A-6
Section 41-5A-6 Chief examiner - Recovery audits for overpayments of state funds. (a)
For the purposes of this section, the following words have the following meanings:
(1) CHIEF EXAMINER. The Chief Examiner of Public Accounts. (2) OVERPAYMENT. Any payment in
excess of amounts due and includes failure to meet eligibility requirements, failure to identify
third party liability where applicable, any payment for an ineligible good or service, any
payment for a good or service not received, duplicate payments, invoice and pricing errors,
failure to apply discounts, rebates, or other allowances, failure to comply with contracts
or purchasing agreements, or both, failure to provide adequate documentation or necessary
signatures, or both, on documents, or any other inadvertent error resulting in overpayment.
(3) RECOVERY AUDIT. A financial management technique used to identify overpayments made by
a state agency with respect to individuals, vendors, service providers, and other entities
in...
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8-27-4
Section 8-27-4 Remedies for actual or threatened misappropriation; intentional remuneration
of a third party for misappropriation. (a) The remedies available for actual or threatened
misappropriation of a trade secret are: (1) To the extent that they are not duplicative: a.
Such injunctive and other equitable relief as may be appropriate with respect to any actual
or threatened misappropriation of a trade secret, b. Recovery of any profits and other benefits
conferred by the misappropriation that are attributable to the misappropriation (In establishing
the misappropriator's profits, the complainant is required to present proof only of the misappropriator's
gross revenue, and the misappropriator is required to present proof of his or her deductible
expenses and the elements of profit attributable to factors other than the trade secret.),
and c. The actual damages suffered as a result of the misappropriation; (2) Reasonable attorney's
fees to the prevailing party if: a. A claim of...
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27-31A-2
Section 27-31A-2 Definitions. As used in this chapter, the following terms shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (1)
COMMISSIONER. The Insurance Commissioner of this state or the commissioner, director, or superintendent
of insurance in any other state. (2) COMPLETED OPERATIONS LIABILITY. Liability arising out
of the installation, maintenance, or repair of any product at a site which is not owned or
controlled by either of the following: a. Any person who performs that work. b. Any person
who hires an independent contractor to perform that work, but shall include liability for
activities which are completed or abandoned before the date of the occurrence giving rise
to the liability. (3) DOMICILE. For purposes of determining the state in which a purchasing
group is domiciled: a. For a corporation, the state in which the purchasing group is incorporated.
b. For an unincorporated entity, the state of its principal place of...
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10A-5A-8.02
Section 10A-5A-8.02 Death or disqualification of member. (a) In the case of a limited
liability company performing professional services, upon the death of a member, upon a member
becoming a disqualified person, or upon a transferable interest being transferred by operation
of law or court decree to a disqualified person, the transferable interest of the deceased
member or of the disqualified person may be transferred to a qualified person and, if not
so transferred, subject to Section 10A-5A-4.06, shall be purchased by the limited liability
company as provided in this section. (b) If the price of the transferable interest
is not fixed by the limited liability company agreement, the limited liability company, within
six months after the death or 30 days after the disqualification or transfer, as the case
may be, shall make a written offer to pay to the holder of the transferable interest a specified
price deemed by the limited liability company to be the fair value of the transferable...
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10A-8A-10.03
Section 10A-8A-10.03 Death or disqualification of partner. (a) In the case of a limited
liability partnership performing professional services, upon the death of a partner, upon
a partner becoming a disqualified person, or upon a transferable interest being transferred
by operation of law or court decree to a disqualified person, the transferable interest of
the deceased partner or of the disqualified person may be transferred to a qualified person
and, if not so transferred, subject to Section 10A-8A-4.09, shall be purchased by the
limited liability partnership as provided in this section. (b) If the price of the
transferable interest is not fixed by the partnership agreement, the limited liability partnership,
within six months after the death or 30 days after the disqualification or transfer, as the
case may be, shall make a written offer to pay to the holder of the transferable interest
a specified price deemed by the limited liability partnership to be the fair value of the...
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