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6-11-23
Section 6-11-23 No presumption of correctness; court to conduct hearings; admissible relevant
evidence; trial court to independently reassess award of punitive damages. (a) No presumption
of correctness shall apply as to the amount of punitive damages awarded by the trier of the
fact. (b) In all cases wherein a verdict for punitive damages is awarded, the trial court
shall, upon motion of any party, either conduct hearings or receive additional evidence, or
both, concerning the amount of punitive damages. Any relevant evidence, including but not
limited to the economic impact of the verdict on the defendant or the plaintiff, the amount
of compensatory damages awarded, whether or not the defendant has been guilty of the same
or similar acts in the past, the nature and the extent of any effort the defendant made to
remedy the wrong and the opportunity or lack of opportunity the plaintiff gave the defendant
to remedy the wrong complained of shall be admissible; however, such information...
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6-11-3
Section 6-11-3 Future damages; requirements if damages greater than $150,000; attorney's fees;
periodic payments over period of years; specific findings; evidence of financial ability to
make payments; evidence of present value inadmissible. Where the damages assessed against
a defendant by the trier of fact include an award of future damages, the trial court shall
comply with the following in rendering its judgment in the case: (1) Judgment shall be entered
against the defendant for all past damages and punitive damages assessed against the defendant
by the trier of fact. (2) If the award of future damages assessed by the trier of fact is
$150,000 or less, the trial court shall enter judgment against the defendants for the amount
of such future damages. (3) If the award of future damages assessed by the trier of fact is
greater than $150,000, the trial court shall enter judgment as follows: a. Judgment shall
be entered against the defendant for $150,000 of such future damage. b. If,...
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6-5-543
Section 6-5-543 Damages against health care provider to be itemized; future damages over $150,000
to be paid by periodic payments over period of years; judgment to specify payment terms; requirement
to post security or provide evidence of insurance; future damages not to be reduced to present
value; attorney's fees; termination of periodic payments; contempt of court upon continuing
pattern of failure to make payments; modification of judgment; legislative intent. (a) In
any 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 the damages assessed by the trier of fact shall
be itemized as follows: (1) Past damages, (2) Future damages, (3) Punitive damages. The trier
of fact shall not reduce any future damages to present value. If the trial court determines
that any one or more of the above categories is not recoverable in the action, that category
or categories shall be omitted from the itemization. (b)...
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6-11-24
Section 6-11-24 No presumption of correctness to apply to damages on appeal. (a) On appeal,
no presumption of correctness shall apply to the amount of punitive damages awarded. (b) The
appellate court shall independently reassess the nature, extent and economic impact of such
an award and reduce or increase the award if appropriate in light of all the evidence. (Acts
1987, No. 87-185, p. 251, §5.)...
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6-5-774
Section 6-5-774 Remedies. A plaintiff, who establishes by a preponderance of the evidence that
his or her right of publicity has been violated, shall be eligible to receive the following
damages, remedies, and relief: (1) Monetary relief. The measure of damages shall be: a. Statutory
damages in the amount of five thousand dollars ($5,000) per an action or compensatory damages,
including the defendant's profits derived from such use. The plaintiff, within a reasonable
time after the close of discovery, shall elect whether to claim statutory damages or to instead
receive such monetary relief as the fact finder may independently determine to award in accordance
with this section. b. Any other damages available under Alabama law, including punitive damages.
An election of statutory damages does not preclude the recovery of punitive damages if such
damages are available under Alabama law. (2) Injunctive relief. A violation of this article
is deemed to constitute a rebuttable presumption of...
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9-17-109
consumer using his or her equipment or appliance in a manner or for a purpose other than that
for which the equipment or appliance was intended, no legal action shall be commenced against
his or her LP-gas dealer. (3) All LP-gas dealers are required to document and maintain in
writing all notices received from consumers for a period of not less than five years. Any
LP-gas dealer who is found not to have maintained such notices in writing as required herein
shall be guilty of a Class B misdemeanor. (f) No LP-gas dealer shall be subject to any award
of punitive or exemplary damages, except in those cases falling within Sections 6-5-391
and 6-5-410, except upon a showing by clear and convincing evidence of gross negligence or
willful or wanton misconduct. (Acts 1965, No. 220, p. 305, §9; Acts 1979, No. 79-435, p.
690, §1; Acts 1984, No. 84-293, p. 555, §1; Acts 1989, No. 89-535, p. 1097, §1; Acts 1993,
No. 93-632, p. 1079, §3; Act 2006-246, p. 444, §1; Act 2014-145, p. 353, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-17-109.htm - 9K - Match Info - Similar pages
3-1-29
Section 3-1-29 Activities relating to fighting of dogs prohibited; punishment; violations;
confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture.
(a) It shall be a Class C felony for any person to do any of the following: (1) To own, possess,
keep, or train any dog with the intent that such dog shall be engaged in an exhibition of
fighting with another dog. (2) For amusement or gain, to cause any dog to fight with another
dog, or cause any dogs to injure each other. (3) To permit any act in violation of subdivisions
(1) and (2) of this subsection. (b) It shall be a Class C felony for any person to be knowingly
present, as a spectator, at any place, building, or tenement where preparations are being
made for an exhibition of the fighting of dogs, with the intent to be present at such preparations,
or to be knowingly present at such exhibition or to knowingly aid or abet another in such
exhibition. (c) Any dog used to fight other dogs in...
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22-22-9
Section 22-22-9 Powers and duties; enforcement of orders; permits; civil penalties for violations.
(a) It shall be the duty of the commission to control pollution in the waters of the state,
and it shall specifically have the following powers: (1) To study and investigate all problems
concerned with the improvement and conservation of the waters of the state; (2) To conduct,
independently and in cooperation with others, studies, investigation and research and to prepare,
or in cooperation with others prepare, a program or programs, any or all of which shall pertain
to the purity and conservation of the waters of the state or to the treatment and disposal
of pollutants or other wastes, which studies, investigations, research and program or programs
shall be intended to result in the reduction of pollution of the waters of the state according
to the conditions and particular circumstances existing in the various communities throughout
the state; and (3) To propose remedial measures...
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12-15-314
Section 12-15-314 Dispositions for dependent children. (a) If a child is found to be dependent,
the juvenile court may make any of the following orders of disposition to protect the welfare
of the child: (1) Permit the child to remain with the parent, legal guardian, or other legal
custodian of the child, subject to conditions and limitations as the juvenile court may prescribe.
(2) Place the child under protective supervision under the Department of Human Resources.
(3) Transfer legal custody to any of the following: a. The Department of Human Resources.
b. A local public or private agency, organization, or facility willing and able to assume
the education, care, and maintenance of the child and which is licensed by the Department
of Human Resources or otherwise authorized by law to receive and provide care for the child.
c. A relative or other individual who, after study by the Department of Human Resources, is
found by the juvenile court to be qualified to receive and care for the...
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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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