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28-9-11
Section 28-9-11 Liabilities and duties of supplier; action for damages; declaratory judgment
and injunctive relief; remedies. (a) If a supplier engages in conduct prohibited under this
chapter, a wholesaler with which the supplier has an agreement may maintain a civil action
against the supplier to recover actual damages reasonably incurred as the result of the prohibited
conduct. If a wholesaler engages in conduct prohibited under this chapter, a supplier with
which the wholesaler has an agreement may maintain a civil action against the wholesaler to
recover actual damages reasonably incurred as the result of the prohibited conduct. (b) A
supplier that violates any provision of this chapter shall be liable for all actual damages
and all court costs and, in the court's discretion, reasonable attorney fees incurred by a
wholesaler as a result of that violation. A wholesaler that violates any provision of this
chapter shall be liable for all actual damages and all court costs and, in the...
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6-5-460
Section 6-5-460 Abatement - Actions by or against unmarried women not abated upon marriage.
A claim upon which an action has been filed by or against an unmarried woman does not abate
on her marriage, but, the marriage being suggested upon the record, the action proceeds in
her name acquired by the marriage, and judgment is entered accordingly. If judgment is entered
against her, it may be satisfied out of her estate. (Code 1852, §2150; Code 1867, §2548;
Code 1876, §2914; Code 1886, §2602; Code 1896, §37; Code 1907, §2498; Code 1923, §5714;
Code 1940, T. 7, §152.)...
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14-15-4
Section 14-15-4 Exhaustion of administrative remedies; dismissal of action; waiver of right
to reply; pretrial proceedings; limitations (a) The department and any private company or
contractor providing any services within any correctional facility shall adopt administrative
remedies for prisoners. The administrative remedies shall be prominently posted and published
to all prisoners. (b) A prisoner incarcerated by the department may not assert a pro se civil
claim under state law until the prisoner exhausts all administrative remedies available. If
a prisoner files a pro se civil action in contravention of this section, the court shall dismiss
the action without prejudice. (c) The court shall take judicial notice of administrative remedies
adopted by the department that have been filed with the Clerk of the Supreme Court of Alabama.
(d)(1) The court, on its own motion or on the motion of a party, may dismiss any prisoner
pro se civil action if the court is satisfied that the action is...
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27-26-5
Section 27-26-5 Reports of judgments and settlements; confidentiality; penalty. (a) Any insurance
company which sells medical liability insurance to Alabama physicians or their professional
corporations or professional associations, or to hospitals or other health care providers
shall be required to report to the state licensing agency which issues the license of the
physician, hospital, or other health care provider any final judgment or any settlement in
or out of court resulting from a claim or action for damages for personal injuries caused
by an error, omission, or negligence in the performance of professional services with or without
consent rendered by its policyholder within 30 days after entry of a judgment in court or
agreement to settle a claim in or out of court. (b) The report rendered to the appropriate
state agency shall consist of the name of the policyholder, or if the policyholder is a professional
corporation or professional association, the name of the physician or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-26-5.htm - 2K - Match Info - Similar pages
14-15-10
Section 14-15-10 Actions concerning prison conditions; prisoner release orders. (a) In any
civil action with respect to prison conditions, no prisoner release order shall be entered
unless both of the following are satisfied: (1) A court has previously entered an order for
less intrusive relief that has failed to remedy the deprivation of the right sought to be
remedied through the prisoner release order. (2) The defendant has had a reasonable amount
of time to comply with the previous court orders. (b) In any civil action in state court with
respect to prison conditions, a prisoner release order shall be entered by a three-judge court,
if the requirements of subsection (f) have been met. (c) In any action required to be heard
and determined by a court of three judges, the composition and procedure of the court shall
be as follows: (1) Upon the filing of a request for three judges, the judge to whom the request
is presented shall immediately notify the Chief Justice of the Alabama...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/14-15-10.htm - 3K - Match Info - Similar pages
6-3-7
Section 6-3-7 Venue of actions - Against foreign and domestic corporations. (a) All civil actions
against corporations may be brought in any of the following counties: (1) In the county in
which a substantial part of the events or omissions giving rise to the claim occurred, or
a substantial part of real property that is the subject of the action is situated; or (2)
In the county of the corporation's principal office in this state; or (3) In the county in
which the plaintiff resided, or if the plaintiff is an entity other than an individual, where
the plaintiff had its principal office in this state, at the time of the accrual of the cause
of action, if such corporation does business by agent in the county of the plaintiff's residence;
or (4) If subdivisions (1), (2), or (3) do not apply, in any county in which the corporation
was doing business by agent at the time of the accrual of the cause of action. (b) The residence
of only any properly joined named class representative or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-3-7.htm - 3K - Match Info - Similar pages
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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35-11-373
Section 35-11-373 Jurisdiction to determine matters connected with lien; appeals. In any case
where the action, claim, counterclaim or demand accruing to the person to whom hospital care
has been furnished has been reduced to judgment in a court having jurisdiction thereof, said
court shall have full jurisdiction to determine the amount due on the lien on proper written
petition by any party interested therein and shall have full power to adjudicate all matters
in connection with said hospital lien and to provide by order of the court for the manner
in which the proceeds of said judgment shall be distributed. A copy of said petition shall
be served upon all other parties having any right to any part of the proceeds of said judgment
and answer and proceedings thereon filed and conducted as provided by law. Any party to the
proceedings on said petition shall have the right to appeal to the supreme court or court
of civil appeals as in civil cases. (Acts 1955, No. 488, p. 1098, §6.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-11-373.htm - 1K - Match Info - Similar pages
38-1-5
Section 38-1-5 Civil actions against certain persons owning property and supported at public
charge. If any person who has received any relief, support or maintenance at public charge,
under Chapter 8 of this title or as an inmate of any state, county or municipal institution,
was at the time of receiving such relief, support or maintenance the owner of property, the
authorities charged with the care of the poor of the municipality or the authorities in charge
of the institution chargeable with such relief, support or maintenance may file a civil action
for and collect the value of the same against such person and against his estate. In any such
action or proceeding, the statutes of limitation shall not be placed in defense, but the court
may, in its discretion, refuse to enter judgment or allow the claim in favor of the claimant
in any case where a parent, wife or child is dependent on such property for support. The records
kept by the state, county or municipality, for the purpose of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-1-5.htm - 1K - Match Info - Similar pages
10A-5-4.04
Section 10A-5-4.04 Derivative actions. REPEALED IN THE 2014 REGULAR SESSION BY ACT 2014-144
EFFECTIVE JANUARY 1, 2017. (a) A member may bring an action in the right of a limited liability
company to recover a judgment in its favor if the members or managers with authority to do
so have refused to bring the action or if an effort to cause those members or managers to
bring the action is not likely to succeed. (b) In a derivative action, the plaintiff shall
be a member (1) at the time of bringing the action or have succeeded to the right of a member
by operation of law or pursuant to the terms of the operating agreement from a person who
was a member and (2) at the time of the transaction of which he or she complains. (c) In a
derivative action, the complaint shall set forth with particularity the effort of the plaintiff
to secure initiation of the action by the members or managers with authority to do so, or
the reasons for not making the effort. (d) If a derivative action is...
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