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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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6-11-4
Section 6-11-4 Requirements when judgment structured; termination. Where a judgment
is structured pursuant to Section 6-11-3 above, the following shall apply: (1) Should
the judgment creditor die before the final installment is paid, the remaining payments shall
be made to the estate of the decedent, or as otherwise directed by the court having jurisdiction
over the estate. (2) Where an installment payment is more than 15 days late, there shall be
added to the amount due for that installment interest from the date payment was due at the
rate of 20 percent per annum, compounded daily, and attorney's fee if necessary to collect
the amount due. (3) Upon motion of the judgment creditor, or his estate in the event of this
death, the structure may be terminated and all unpaid installments declared immediately due
if the court finds that the judgment debtor has exhibited a continuing pattern of failing
to pay installments when due or that there is a reasonable likelihood that future payments...
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6-11-51
Section 6-11-51 Definitions. As used in this article the following words and terms shall
have the following meanings: (1) ANNUITY ISSUER. An insurer that has issued a contract to
fund periodic payments under a structured settlement. (2) DEPENDENTS. A payee's spouse and
minor children and all other persons for whom the payee is legally obligated to provide support,
including alimony. (3) DISCOUNTED PRESENT VALUE. The present value of future payments determined
by discounting the payments to the present using the most recently published applicable federal
rate for determining the present value of an annuity, as issued by the United States Internal
Revenue Service. (4) GROSS ADVANCE AMOUNT. The sum payable to the payee or for the payee's
account as consideration for a transfer of structured settlement payment rights before any
reductions for transfer expenses or other deductions to be made from the consideration. (5)
INDEPENDENT PROFESSIONAL ADVICE. Advice of an attorney, certified public...
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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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13A-12-200.7
Section 13A-12-200.7 Civil action to enjoin violations; hearing; procedures; precedence
over other matters. (1) When there is reason to believe that any person is violating or is
about to violate any of the provisions of this division, the Attorney General or district
attorney may initiate a civil action in the circuit court in the name of the State of Alabama
against such person for preliminary and permanent injunctive relief, to prevent or enjoin
the violation. The Alabama Rules of Civil Procedure shall apply to the extent that such rules
are not inconsistent with this section; provided, however, that no temporary restraining
order shall be issued pursuant to this section. No bond shall be required of the official
bringing the action and the official, the political subdivision and the officers, agents,
and employees of the political subdivision shall not be liable for costs or damages, other
than court costs, by reason of injunctive orders not being granted or where judgment is...
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45-35-20.06
Section 45-35-20.06 Civil action for violations. (a) In addition to any other remedy
or penalty at law, when there is reason to believe that any person is violating or is about
to violate this part, the Houston County Commission may initiate a civil action in the Circuit
Court of Houston County in the name of the county against the person for preliminary and permanent
injunctive relief, to prevent or enjoin the violation. The Alabama Rules of Civil Procedure
shall apply to the extent that the rules are not inconsistent with this part except that no
temporary restraining order shall be issued pursuant to this section. No bond shall
be required of the county or county commission bringing the action and the official, the county
commission, and the officers, agents, and employees of the county commission shall not be
liable for costs or damages, other than court costs, by reason of injunctive orders not being
granted or where judgment is entered in favor of the defendant by the trial or an...
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6-5-487
Section 6-5-487 Advance payments by defendant or insurer not admission of liability;
advance payments in excess of award not repayable. (a) In all actions for medical liability,
any advance payment made by the defendant or his insurer to or for the plaintiff, or any other
person, may not be construed as an admission of liability for injuries or damages suffered
by the plaintiff or anyone else. Evidence of such advance payment is not admissible until
there is a final judgment in favor of the plaintiff, in which event the court shall reduce
the judgment to the plaintiff to the extent of advance payment. The advance payment shall
inure to the exclusive credit of the defendant or his insurer making the payment. In the event
the advance payment exceeds the liability of the defendant or the insurer making it, the court
shall order any adjustment necessary to equalize the amount which each defendant is obligated
to pay, exclusive of cost. (b) In no case shall an advance payment in excess of...
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6-5-576
Section 6-5-576 Advance payments by defendant or insurer not admission of liability;
advance payments in excess of award not repayable. (a) In all legal service liability actions,
any advance payment made by the defendant or his insurer to or for the plaintiff, or any other
person, may not be construed as an admission of liability for injuries or damages suffered
by the plaintiff or anyone else. Evidence of such advance payment is not admissible until
there is a final judgment in favor of the plaintiff, in which event the court shall reduce
the judgment to the plaintiff to the extent of advance payment. The advance payment shall
inure to the exclusive credit of the defendant or his insurer making the payment. In the event
the advance payment exceeds the liability of the defendant or the insurer making it, the court
shall order any adjustment necessary to equalize the amount which each defendant is obligated
to pay, exclusive of costs. (b) In no case shall an advance payment in excess...
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8-12-18
Section 8-12-18 Remedies. (a) Any owner of a mark registered under this article may
proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations
thereof and any court of competent jurisdiction may grant injunctions to restrain such manufacture,
use, display, or sale as may be by the court deemed just and reasonable, and may require the
defendants to pay to such owner all profits derived from, and/or all damages suffered by reason
of, such wrongful manufacture, use, display, or sale, and to pay the costs of the action.
In assessing profits, the owner shall be required to prove defendant's sales only; defendant
must prove all elements of cost or deduction claimed. The court may also order that any such
counterfeits or imitations in the possession or under the control of any defendant in such
case, be delivered to an officer of the court, or to the complainant, to be destroyed. (b)
In assessing damages the court may enter judgment, according to the...
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