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6-5-547
Section 6-5-547 One million dollar limit on judgments; mistrial if jury advised of limitation.
In any action commenced pursuant to Section 6-5-391 or Section 6-5-410, against
a health care provider whether in contract or in tort based on a breach of the standard of
care the amount of any judgment entered in favor of the plaintiff shall not exceed the sum
of $1,000,000. Any verdict returned in any such action which exceeds $1,000,000 shall be reduced
to $1,000,000 by the trial court or such lesser sum as the trial court deems appropriate in
accordance with prevailing standards for reducing excessive verdicts. During the trial of
any action brought pursuant to Section 6-5-391 or 6-5-410 neither the court nor any
party shall advise or infer to the jury that it may not return a verdict in excess of $1,000,000;
in the event the jury is so advised or such inference is made the court, upon motion of an
opposing party, shall immediately declare a mistrial. The maximum amount payable under this...
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22-35-5
Section 22-35-5 Fee; withdrawals; disposition of funds; liability for clean-up costs;
audit. (a) Every owner of an underground or aboveground storage tank as defined in this chapter
shall pay an Underground and Aboveground Storage Tank Trust Fund fee as established by the
provisions of this chapter to be paid to the department. During the first year next following
October 1, 1988, the amount of the annual Underground and Aboveground Storage Tank Trust Fund
fee shall be one hundred dollars ($100). Thereafter, the commission, upon recommendation of
the management board, shall set such an amount not to exceed one hundred fifty dollars ($150)
per year per regulated tank. Should the fund become depleted due to claims being greater than
amounts provided by tank fees, the commission shall be empowered to make special assessments
of tank fees to protect the financial integrity of the fund. Provided the total tank fees
and special assessments for any fiscal year do not exceed one hundred fifty...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-35-5.htm - 13K - Match Info - Similar pages
6-5-544
Section 6-5-544 Recovery of noneconomic losses; limitation of such losses; mistrial
if jury advised of limitation. (a) In any action for injury whether in contract or in tort
against a health care provider based on a breach of the standard of care, the injured plaintiff
and spouse upon proper proof may be entitled to recover noneconomic losses to compensate for
pain, suffering, inconvenience, physical impairment, disfigurement, loss of consortium, and
other nonpecuniary damage. (b) In no action shall the amount of recovery for noneconomic losses,
including punitive damages, either to the injured plaintiff, the plaintiff's spouse, or other
lawful dependents or any of them together exceed the sum of $400,000. Plaintiff shall not
seek recovery in any amount greater than the amounts described herein for noneconomic losses.
During the trial of any action neither the court nor any party shall advise or infer to the
jury that it may not return an award for noneconomic losses in excess of an...
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45-30A-50.18
Section 45-30A-50.18 Appeal to the court. Decisions of the board may be enforced in
the court by mandamus, injunction, or other appropriate proceedings. The employee, the appointing
authority, or the city may, within 10 days after the decision of the board is rendered, appeal
to the court from any decisions of the board affirming, imposing, or refusing to affirm or
impose dismissal or demotion as disciplinary action by filing notice of such appeal with the
court and causing a copy of such notice to be served on the appointing authority and any member
of the board. Upon the filing of such notice, the board shall file with the court a certified
transcript of the proceeding had before it with respect to the appeal, and its decision in
the matter. The appeal shall be heard at the earliest possible date by the court sitting without
a jury on the issues made before the board and the trial in the court shall be de novo. No
bond shall be required for such an appeal and the cost of such appeal...
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15-22-24
Section 15-22-24 Board of Pardons and Paroles - Duties retirement of parole officers;
representation of applicant by state official; supervision and treatment; training requirements.
(a) The Board of Pardons and Paroles, hereinafter referred to as "the board," shall
be charged with the duty of determining, through use of a validated risk and needs assessment
as defined in Section 12-25-32, what prisoners serving sentences in the jails and prisons
of the State of Alabama may be released on parole and when and under what conditions. Such
board shall also be charged with the duty of supervising all prisoners released on parole
from the jails or prisons of the state and of lending its assistance to the courts in the
supervision of all prisoners placed on probation by courts exercising criminal jurisdiction
and making such investigations as may be necessary in connection therewith, of implementing
the use of validated risk and needs assessments as defined in Section 12-25-32 by probation...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-22-24.htm - 8K - Match Info - Similar pages
25-4-54
Section 25-4-54 Contribution rates for employers subject to benefit charges; determination
of individual benefit charges. (a) Determination of contribution rates. (1) For the 12-month
period beginning on January 1 of each year which begins after December 31, 1996, any employer
whose experience rating account has been subject to benefit charges throughout at least the
fiscal year, as defined in Section 25-4-4, immediately preceding such January 1, shall
have his or her rate determined by the Unemployment Compensation Fund's liability for benefits
paid to his or her employees, modified by the fund's balance as of the most recent June 30.
The employment record of an organization which has been making payments in lieu of contributions
but which elects to change to payment of contributions shall be deemed to have been chargeable
with benefits throughout the period (not to exceed three fiscal years) with respect to which
it was making payments in lieu of contributions and its benefit charges...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-4-54.htm - 31K - Match Info - Similar pages
40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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12-16-232
Section 12-16-232 Consent by parties to discharge of member of jury and to rendition
of verdict by remaining jurors. (a) At any stage of a trial then pending, whether the jury
has retired or not, the parties may unanimously consent in open court, with legal effectiveness,
to the discharge from further duty of any member of the jury trying the case and to a continuation
of the trial and the rendition of a verdict by the remaining jurors. A verdict returned by
the remaining jurors shall be as valid and as legally effective as if it had been returned
by the full jury. (b) Prior to the commencement of a trial, the parties may unanimously stipulate
in open court, with legal effectiveness, that in the event it becomes necessary during the
pendency of the trial, whether the jury has retired or not, for the court to discharge from
further duty any member of the jury trying the case because of the juror's sickness or other
good cause, the trial shall continue with and a verdict be rendered by...
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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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45-31-120.18
Section 45-31-120.18 Appeal to the court. Decisions of the board may be enforced by
mandamus, injunction, or other appropriate proceedings. The employee, the appointing authority,
or the Geneva County Commission, within 21 days after the decision of the board is rendered,
may appeal to the court from any decision of the board affirming, imposing, or refusing to
affirm or impose dismissal or demotion as disciplinary action by filing notice of such appeal
with the court and causing a copy of such notice to be served on the appointing authority
and any member of the board. Upon the filing of such notice, the board shall file with the
court a certified record of the proceeding had before it with respect to the appeal, and its
decision in the matter. The appeal shall be heard at the earliest possible date by the court
sitting without a jury on the issues made before the board and the trial in the court shall
be de novo. No bond shall be required for such an appeal and the cost of such...
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