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7-3-308
Section 7-3-308 Proof of signatures and status as holder in due course. (a) In an action
with respect to an instrument, the authenticity of, and authority to make, each signature
on the instrument is admitted unless specifically denied in the pleadings. If the validity
of a signature is denied in the pleadings, the burden of establishing validity is on the person
claiming validity, but the signature is presumed to be authentic and authorized unless the
action is to enforce the liability of the purported signer and the signer is dead or incompetent
at the time of trial of the issue of validity of the signature. If an action to enforce the
instrument is brought against a person as the undisclosed principal of a person who signed
the instrument as a party to the instrument, the plaintiff has the burden of establishing
that the defendant is liable on the instrument as a represented person under Section
7-3-402(a). (b) If the validity of signatures is admitted or proved and there is...
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8-12A-2
Section 8-12A-2 Assertion of patent infringement in bad faith. (a) A person may not
assert a claim of patent infringement in bad faith. (b) The Attorney General may investigate
claims of patent infringement alleged to have been made in bad faith and may do both of the
following: (1) Issue subpoenas to any person to appear and produce relevant papers, documents,
and physical evidence, and administer an oath or affirmation to any person, in aid of any
investigation or inquiry into possible violations of this chapter. Subpoenas shall be served
in accordance with the appropriate Alabama Rules of Civil Procedure. Upon failure of a person
without lawful excuse to obey a subpoena, the Attorney General may apply to a court of competent
jurisdiction for an order compelling compliance. After an action is commenced, discovery may
proceed in accordance with the Alabama Rules of Civil Procedure. (2) Initiate a civil action
in the name of the state, as necessary, to seek injunctive and any other...
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20-1-52
Section 20-1-52 When cosmetics deemed misbranded. (a) A cosmetic shall be deemed misbranded:
(1) If its labeling is false or misleading in any particular; (2) If it is in package form
and does not bear a label containing the name and place of business of the manufacturer, packer,
or distributor and a statement of the quantity of the contents in terms of weight, measure,
or numerical count; (3) If any word, statement, or other information required to be placed
in the labeling by or under authority of this division is not placed thereon with such conspicuousness
(as compared with other words, statements, designs, or devices) and in such terms as to render
it likely to be read and understood by the ordinary individual under customary conditions
of purchase and use; or (4) If its container is so made, formed, or filled as to be misleading.
(b) The Commissioner of Agriculture and Industries may permit reasonable variations and exemptions
of small packages from subdivision (2) of subsection...
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40-18-422
Section 40-18-422 (Credit expires after 2025 tax year unless extended.) Tax credit for
eligible employers of apprentices. (a) For tax years beginning on or after January 1, 2017,
through the tax year beginning January 1, 2019, an Alabama income tax credit is allowed for
eligible employers that employ an apprentice for at least seven full months of the prior taxable
year. The credit shall equal up to one thousand dollars ($1,000) for each apprentice employed,
not to exceed five apprentices employed. The Department of Revenue, in consultation with the
Workforce Development Division of the Department of Commerce, shall establish a scale reflecting
ranges of amounts of money an employer has invested in an eligible apprentice and a corresponding
tax credit amount and shall award the tax credit in accordance with this scale following confirmation
from the Workforce Development Division that the apprentice for whom the credit is claimed
is in compliance with all federal and state requirements...
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7-2-607
Section 7-2-607 Effect of acceptance; notice of breach; burden of establishing breach
after acceptance; notice of claim or litigation to person answerable over. (1) The buyer must
pay at the contract rate for any goods accepted. (2) Acceptance of goods by the buyer precludes
rejection of the goods accepted and if made with knowledge of a nonconformity cannot be revoked
because of it unless the acceptance was on the reasonable assumption that the nonconformity
would be seasonably cured, but acceptance does not of itself impair any other remedy provided
by this article for nonconformity. (3) Where a tender has been accepted: (a) The buyer must
within a reasonable time after he discovers or should have discovered any breach notify the
seller of breach or be barred from any remedy; and (b) If the claim is one for infringement
or the like (subsection (3) of Section 7-2-312) and the buyer is sued as a result of
such a breach, he must so notify the seller within a reasonable time after he...
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7-4-207
Section 7-4-207 Transfer warranties. (a) A customer or collecting bank that transfers
an item and receives a settlement or other consideration warrants to the transferee and to
any subsequent collecting bank that: (1) The warrantor is a person entitled to enforce the
item; (2) All signatures on the item are authentic and authorized; (3) The item has not been
altered; (4) The item is not subject to a defense or claim in recoupment (Section 7-3-305(a))
of any party that can be asserted against the warrantor; and (5) The warrantor has no knowledge
of any insolvency proceeding commenced with respect to the maker or acceptor or, in the case
of an unaccepted draft, the drawer. (b) If an item is dishonored, a customer or collecting
bank transferring the item and receiving settlement or other consideration is obliged to pay
the amount due on the item (i) according to the terms of the item at the time it was transferred,
or (ii) if the transfer was of an incomplete item, according to its terms...
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22-8A-11
Section 22-8A-11 Surrogate; requirements; attending physician consulted, intent of patient
followed; persons who may serve as surrogate; priority; validity of decisions; liability;
form; declaratory and injunctive relief; penalties. (a) If no advance directive for health
care has been made, or if no duly appointed health care proxy is reasonably available, or
if a valid advance directive for health care fails to address a particular circumstance, subject
to the provisions of subsection (c) hereof, a surrogate, in consultation with the attending
physician, may, subject to the provisions of Section 22-8A-6, determine whether to
provide, withdraw, or withhold life-sustaining treatment or artificially provided nutrition
and hydration if all of the following conditions are met: (1) The attending physician determines,
to a reasonable degree of medical certainty, that: a. The individual is no longer able to
understand, appreciate, and direct his or her medical treatment, and b. The individual...
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28-9-6
Section 28-9-6 Amendment, cancellation, etc., of agreements; proof of good faith; notice;
good cause. (a) Notwithstanding any agreement and except as otherwise provided for in this
chapter, a supplier shall not: amend or modify an agreement; cause a wholesaler to resign
from an agreement; or cancel, terminate, fail to renew, or refuse to continue under an agreement,
unless the supplier has complied with all of the following: (1) Has satisfied the applicable
notice requirements of subsection (c) of this section. (2) Has acted in good faith.
(3) Has good cause for the amendment, modification, cancellation, termination, nonrenewal,
discontinuance, or forced resignation. (b) For each amendment, modification, termination,
cancellation, nonrenewal, or discontinuance, the supplier shall have the burden of proving
that it has acted in good faith, that the notice requirements under this section have
been complied with, and that there was good cause for the amendment, modification, termination,...
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6-5-337
Section 6-5-337 Immunity of those involved in equine activities. (a) The Legislature
recognizes that persons who participate in equine activities may incur injuries as a result
of the risks involved in those activities. The Legislature also finds that the state and its
citizens derive numerous economic and personal benefits from equine activities. The Legislature
finds, determines, and declares that for the immediate preservation of the public peace, health,
and safety, and to encourage equine activities, this legislation is to limit the civil liability
of those involved in equine activities. (b) As used in this section, the following
words shall mean the following unless the context clearly indicates otherwise: (1) ENGAGES
IN AN EQUINE ACTIVITY. Riding, training, providing, or assisting in providing medical treatment
of, driving, or being a passenger upon an equine, whether mounted or unmounted, or any person
assisting a participant or show management in equine activities. The term...
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22-27-3
Section 22-27-3 Authority of local governing bodies as waste collections and disposal;
household exemptions; state regulatory program. (a) Generally. (1) The county commission or
municipal governing body may, and is hereby authorized to, make available to the general public
collection and disposal facilities for solid wastes in a manner acceptable to the department.
The county commission or municipal governing body may provide such collection or disposal
services by contract with private or other controlling agencies and may include house-to-house
service or the placement of regularly serviced and controlled bulk refuse receptacles within
reasonable (generally less than eight miles) distance from the farthest affected household
and the wastes managed in a manner acceptable to the department. (2) Any county commission
or municipal governing body providing services to the public under this article shall have
the power and authority by resolution or ordinance to adopt rules and...
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