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11-81-223
Section 11-81-223 Hearing and entry of judgment; appeals from judgment of circuit court. At
the time and place designated in said order, the judge of said circuit court shall proceed
to hear and determine all questions of law and of fact in said civil action, and he shall
make such orders as to the proceedings in said civil action and adjournments as will best
conserve the interests of all parties and enable him to enter a final judgment with the least
possible delay. The final judgment shall find the facts specially and shall state separately
the judge's conclusions of law thereon. Any taxpayer or citizen of each organizing subdivision
may appear in such proceedings either personally or by attorney, and any party thereto, whether
petitioner, defendant or intervenor, dissatisfied with the judgment of the court, may appeal
therefrom to the Alabama Supreme Court in accordance with the Alabama Rules of Appellate Procedure.
Such appeal shall take priority in the Supreme Court over all...
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22-30A-11
Section 22-30A-11 Violations of chapter; civil penalties. (a) It shall be a violation of the
provisions of this chapter for any liable party to: (1) Violate any provision of or time period
set forth in any administrative order issued by the director; (2) Destroy or conceal any records
relating to hazardous substances or abandoned or inactive sites, except where a liable party
can demonstrate that any destruction of record was done in the ordinary course of its business;
(3) Violate any settlement or consent agreement entered into pursuant to or in anticipation
of an administrative order issued by the director, or pursuant to or in anticipation of any
civil action initiated under the provisions of this chapter. (b) Civil penalties as provided
for in this chapter may be assessed either by administrative order or civil action. (Acts
1988, 1st Ex. Sess., No. 88-859, p. 348, §11.)...
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25-1-29
Section 25-1-29 Remedies. Any person aggrieved may elect to pursue their remedies under Title
VII of the Civil Rights Act of 1964 as amended, and the Age Discrimination in Employment Act
29 U.S.C. Section 621 or in the alternative bring a civil action in the circuit court of the
county in which the person was or is employed for such legal or equitable relief as will effectuate
the purposes of this article. However, if an action is brought in the federal court, any action
pending in the state court shall be simultaneously dismissed with prejudice. Further, any
party bringing action under this section shall only be entitled to one recovery of damages.
Any damages assessed in one court will offset any entitlement to damages in any other state
or federal court. In any action, a person shall be entitled to a trial by jury of any issue
of fact in any action for recovery of amounts owed as a result of a violation of this article,
regardless of whether equitable relief is sought by any party...
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35-3-23
Section 35-3-23 Order for survey on motion of party - Deposit of costs. In the event a party
to such action petitions for such survey and offers to pay the cost of the same and it appears
that such survey is pertinent to the determination of the issue or issues of said action or
is essential to the proper entering of an order therein, the court shall order such survey
requiring the petitioning party to deposit with the register or clerk of the court the estimated
cost to be fixed by the court of such survey, which deposited funds shall be disbursed by
order of the court; and on the deposit of such cost with the register or clerk the court shall
order such survey to be made. (Acts 1931, No. 163, p. 239; Code 1940, T. 47, §10.)...
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37-14-13
Section 37-14-13 Judicial determination of legality, etc., of article - Hearing; entry of judgment;
appeals. At the time and place designated in said order, the judge of said circuit court shall
proceed to hear and determine all questions of law and of fact in said civil action, and he
shall make such order, or orders, as to the proceedings in said civil action as will best
preserve and protect the interests of all parties and to enable him to enter a final judgment
with the least possible delay. The final judgment shall find the facts specially and shall
state separately the judge's conclusions with regard to any and all legal issues raised with
regard to any of the provisions of this article and proposed purchase and sale of distribution
facilities and other transactions and restrictions under this article, together with other
matters raised in the complaint, and shall state the judge's conclusions of law thereon. Any
citizen of the state may appear in such proceedings, either...
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6-11-21
Section 6-11-21 Punitive damages not to exceed certain limits. (a) Except as provided in subsections
(b), (d), and (j), in all civil actions where an entitlement to punitive damages shall have
been established under applicable laws, no award of punitive damages shall exceed three times
the compensatory damages of the party claiming punitive damages or five hundred thousand dollars
($500,000), whichever is greater. (b) Except as provided in subsections (d) and (j), in all
civil actions where entitlement to punitive damages shall have been established under applicable
law against a defendant who is a small business, no award of punitive damages shall exceed
fifty thousand dollars ($50,000) or 10 percent of the business' net worth, whichever is greater.
(c) "Small business" for purposes of this section means a business having a net
worth of two million dollars ($2,000,000) or less at the time of the occurrence made the basis
of the suit. (d) Except as provided in subsection (j), in all...
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6-6-289
Section 6-6-289 Liability - Person holding possession under color of title. Persons holding
possession under color of title, in good faith, are not responsible for damages or rent for
more than one year before the commencement of the action. (Code 1852, §2216; Code 1867, §2617;
Code 1876, §2966; Code 1886, §2706; Code 1896, §1540; Code 1907, §3850; Code 1923, §7464;
Code 1940, T. 7, §949.)...
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12-13-48
Section 12-13-48 Payment to probate judge of money due on decree upon settlement by executor,
administrator, etc.; duty of judge as to payment of money to person entitled thereto and liability
for failure to perform duty. Money due on decrees for the payment of money rendered against
any executor, administrator or guardian on a partial or final settlement may be paid to the
probate judge, and it shall be his duty to pay over the same to the person entitled thereto
on demand upon proper proof of identity or authority; and, for failure to do so, he shall
incur a penalty in favor of the person entitled to the money of 10 percent damages, which,
together with the money received and interest thereon, may be recovered by civil action on
his bond. (Code 1867, §793; Code 1876, §699; Code 1886, §792; Code 1896, §3369; Code 1907,
§5427; Code 1923, §9588; Code 1940, T. 13, §293.)...
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18-1A-54
Section 18-1A-54 Proceeding or action to recover damages caused by entry; payment of damages.
(a) A condemnor is liable for physical injury to, and for substantial interference with possession
or use of, property caused by his entry and activities upon the property. This liability may
be enforced in a subsequent condemnation proceeding filed within the period specified as a
retention period in Section 18-1A-52 or, if no such proceeding is filed within such period
of time, by civil action with the right of trial by jury on demand of either party. (b) If
funds are on deposit under Section 18-1A-52 or 18-1A-53, the owner or other person entitled
to damages under subsection (a) may apply to the circuit court for payment of his damages
from such funds. If the amount on deposit is insufficient to pay the full amount, the circuit
court shall enter judgment against the condemnor for the unpaid portion. (Acts 1985, No. 85-548,
p. 802, §305.)...
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22-6-6
Section 22-6-6 Subrogation of state to rights of recipients of medical assistance under program
against persons, etc., causing injury, etc., thereto; manner of enforcement of rights of state;
effect of action by state or recipient against person, etc., causing injury, etc., upon rights
of other; provision of written notice, etc., by recipients instituting civil actions for damages.
(a) If medical assistance is provided to a recipient under the Alabama Medicaid Program for
injuries, disease or sickness caused under circumstances creating a cause of action in favor
of the recipient against any person, firm or corporation, then the State of Alabama shall
be subrogated to such recipient's rights and shall be entitled to recover the proceeds that
may result from the exercise of any rights of recovery which the recipient may have against
any such person, firm or corporation to the extent of the actual amount of the medical assistance
payments made by the Alabama Medicaid Program. The...
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