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16-27A-12
Section 16-27A-12 Cause of action by owner against actual operator. (a) Any person who
is held responsible for payment of a civil fine as provided herein, but who was not actually
operating the involved vehicle, who timely and properly followed the procedure to transfer
responsibility but is ultimately held responsible because of the person's ownership of the
vehicle, and who actually pays the civil fine, shall have a cause of action against the person
who was operating the vehicle for the amount of the civil fine actually paid plus a reasonable
attorney fee, without regard to the rules regarding joint and several liability, contribution,
or indemnity. (b) As a condition precedent to the bringing of a civil action under subsection
(a), the person held responsible for payment of the civil fine shall first make written demand
on the other person for reimbursement of the civil fine, giving a minimum of 60 days to remit
payment, and if reimbursement is fully made within the 60 day period...
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45-49-101.12
Section 45-49-101.12 Cause of action by owner against actual operator. (a) Any person
who is held responsible for payment of a civil fine as provided herein, but who was not actually
operating the involved vehicle, who timely and properly followed the procedure to transfer
responsibility but is ultimately held responsible because of the person's ownership of the
vehicle, and who actually pays the civil fine, shall have a cause of action against the person
who was operating the vehicle for the amount of the civil fine actually paid plus a reasonable
attorney fee, without regard to the rules regarding joint and several liability, contribution,
or indemnity. (b) As a condition precedent to the bringing of a civil action under subsection
(a), the person held responsible for payment of the civil fine must first make written demand
on the other person for reimbursement of the civil fine, giving a minimum of 60 days to remit
payment, and if reimbursement is fully made within the 60-day period...
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7-5-111
Section 7-5-111 Remedies. (a) If an issuer wrongfully dishonors or repudiates its obligation
to pay money under a letter of credit before presentation, the beneficiary, successor, or
nominated person presenting on its own behalf may recover from the issuer the amount that
is the subject of the dishonor or repudiation. If the issuer's obligation under the letter
of credit is not for the payment of money, the claimant may obtain specific performance or,
at the claimant's election, recover an amount equal to the value of performance from the issuer.
In either case, the claimant may also recover incidental but not consequential damages. The
claimant is not obligated to take action to avoid damages that might be due from the issuer
under this subsection. If, although not obligated to do so, the claimant avoids damages, the
claimant's recovery from the issuer must be reduced by the amount of damages avoided. The
issuer has the burden of proving the amount of damages avoided. In the case of...
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7-9A-409
Section 7-9A-409 Restrictions on assignment of letter-of-credit rights ineffective.
(a) Term or law restricting assignment generally ineffective. A term in a letter of credit
or a rule of law, statute, regulation, custom, or practice applicable to the letter of credit
which prohibits, restricts, or requires the consent of an applicant, issuer, or nominated
person to a beneficiary's assignment of or creation of a security interest in a letter-of-credit
right is ineffective to the extent that the term or rule of law, statute, regulation, custom,
or practice: (1) would impair the creation, attachment, or perfection of a security interest
in the letter-of-credit right; or (2) provides that the assignment or the creation, attachment,
or perfection of the security interest may give rise to a default, breach, right of recoupment,
claim, defense, termination, right of termination, or remedy under the letter-of-credit right.
(b) Limitation on ineffectiveness under subsection (a). To the extent...
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9-17-17
Section 9-17-17 Injunctions - Issuance against persons violating, etc., provisions of
article, rules, etc. Whenever it shall appear that any person is violating or threatening
to violate any provision of this article or any rule, regulation or order made under this
article and unless the board without litigation can effectively prevent further violation
or threat of violation, then the board, through the Attorney General, who may call to his
assistance the district attorney of the circuit in which civil action is instituted, shall
bring in the name of the State of Alabama against such person in the circuit court in the
county of the residence of the defendant or, if there is more than one defendant, in the circuit
court of the county of the residence of any of them or in the circuit court of the county
in which such violation is alleged to have occurred, a civil action to restrain such person
from continuing such violation or from carrying out the threat of violation. In such civil...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-17-17.htm - 1K - Match Info - Similar pages
10A-2-13.30
Section 10A-2-13.30 Court action. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94
EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) If a demand for
payment under Section 10A-2-13.28 remains unsettled, the corporation shall commence
a proceeding within 60 days after receiving the payment demand and petition the court to determine
the fair value of the shares and accrued interest. If the corporation does not commence the
proceeding within the 60 day period, it shall pay each dissenter whose demand remains unsettled
the amount demanded. (b) The corporation shall commence the proceeding in the circuit court
of the county where the corporation's principal office, or, if none in this state, its registered
office, is located. If the corporation is a foreign corporation without a registered office
in this state, it shall commence the proceeding in the county in this state where the registered
office of the domestic corporation merged with or whose shares were...
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34-21-121
Section 34-21-121 Definitions. For the purposes of this article, the following terms
shall have the following meanings: (1) ADVERSE ACTION. Any administrative, civil, equitable,
or criminal action permitted by the law of a state which is imposed by a licensing board or
other authority against a nurse, including actions against the license or multistate licensure
privilege of an individual, including revocation, suspension, probation, monitoring of a licensee,
limitations on the practice of the licensee, the bringing of a cease and desist action against
the licensee, or any other encumbrance on licensure affecting the authorization of a nurse
to practice. (2) ALTERNATIVE PROGRAM. A nondisciplinary monitoring program approved by a licensing
board. (3) COMMISSION. The Interstate Commission of Nurse Licensure Compact Administrators.
(4) COMPACT. The Enhanced Nurse Licensure Compact created by this article. (5) COORDINATED
LICENSURE INFORMATION SYSTEM. An integrated process for collecting,...
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7-5-102
Section 7-5-102 Definitions. (a) In this article: (1) "Adviser" means a person
who, at the request of the issuer, a confirmer, or another adviser, notifies, or requests
another adviser to notify, the beneficiary that a letter of credit has been issued, confirmed,
or amended. (2) "Applicant" means a person at whose request or for whose account
a letter of credit is issued. The term includes a person who requests an issuer to issue a
letter of credit on behalf of another if the person making the request undertakes an obligation
to reimburse the issuer. (3) "Beneficiary" means a person who under the terms of
a letter of credit is entitled to have its complying presentation honored. The term includes
a person to whom drawing rights have been transferred under a transferable letter of credit.
(4) "Confirmer" means a nominated person who undertakes, at the request or with
the consent of the issuer, to honor a presentation under a letter of credit issued by another.
(5) "Dishonor" of a letter...
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13A-6-157.1
Section 13A-6-157.1 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE
2018 REGULAR SESSION, EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) In addition to any other remedy under this article, if the Attorney General has reason
to believe that any person, corporation, or any other legal entity is engaging in, has engaged
in, or is about to engage in any act or practice declared to be unlawful by this article,
the Attorney General may bring an action in the name of the state in the appropriate state
court against the person, corporation, or entity to restrain by temporary restraining order,
or temporary or permanent injunction, the acts or practices. (b) In addition to any other
remedy under this article, the Attorney General may bring a civil action on behalf of the
state in the appropriate state court to recover actual damages for victims of acts or practices
performed in violation of this article. (c) Venue for any action brought under this section
is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-6-157.1.htm - 1K - Match Info - Similar pages
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, ยง305.)...
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