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45-41A-41.13
Section 45-41A-41.13 Civil action against person operating vehicle. Any person against whom
an adjudication of liability for a civil violation is made under this part, or the ordinance
passed pursuant hereto, and who actually pays the civil fine imposed thereby shall have a
cause of action against any person who may be shown to have been operating a vehicle recorded
at the time of the violation for the amount of the civil fine actually paid plus any consequential
or compensatory damages and a reasonable attorney fee, without regard to the rules regarding
joint and several liability, contribution, or indemnity. Provided, however, that as a condition
precedent to the bringing of a civil action, that the person held responsible for payment
of a 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 then the cause of action shall be...
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6-5-734
Section 6-5-734 Pleading requirements; stay of discovery. (a) In any action exempted under
subdivision (1) of Section 6-5-733, the complaint initiating the action shall state with particularity
for each defendant and cause of action all of the following: (1) The statute, rule, or other
law of the state or of the United States that allegedly creates the cause of action. (2) Each
element of the cause of action and the specific facts alleged to satisfy each element of the
cause of action. (3)a. The exemption under subsection (a) being relied upon and the specific
facts that allegedly demonstrate that the violation of the statute, rule, or other law in
subdivision (1) proximately caused actual injury to the plaintiff. b. In any action exempted
under subdivision (2) of Section 6-5-733, in addition to the foregoing pleading requirements,
the complaint initiating the action shall state with particularity facts sufficient to support
a reasonable inference that the violation was with intent to...
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14-15-4
Section 14-15-4 Exhaustion of administrative remedies; dismissal of action; waiver of right
to reply; pretrial proceedings; limitations (a) The department and any private company or
contractor providing any services within any correctional facility shall adopt administrative
remedies for prisoners. The administrative remedies shall be prominently posted and published
to all prisoners. (b) A prisoner incarcerated by the department may not assert a pro se civil
claim under state law until the prisoner exhausts all administrative remedies available. If
a prisoner files a pro se civil action in contravention of this section, the court shall dismiss
the action without prejudice. (c) The court shall take judicial notice of administrative remedies
adopted by the department that have been filed with the Clerk of the Supreme Court of Alabama.
(d)(1) The court, on its own motion or on the motion of a party, may dismiss any prisoner
pro se civil action if the court is satisfied that the action is...
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27-10-3
Section 27-10-3 Actions by unauthorized insurers not allowed; exceptions. (a) No unauthorized
insurer shall institute or file, or cause to be instituted or filed, any action or proceeding
in this state to enforce any right, claim, or demand arising out of any insurance transaction
in this state until such insurer has obtained a certificate of authority to transact such
insurance in this state. (b) This section does not apply as to: (1) Transactions for which
a certificate of authority is not required; (2) Surplus line coverages written under this
chapter; or (3) Coverages exempted from the surplus line law under Section 27-10-34. (Acts
1963, No. 521, p. 1112, §6; Acts 1971, No. 407, p. 707, §193.)...
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6-5-430
Section 6-5-430 Enforcement of action upon contract or tort arising in another state when jurisdiction
of defendant can be obtained in this state; doctrine of forum non conveniens applied. Whenever,
either by common law or the statutes of another state or of the United States, a claim, either
upon contract or in tort has arisen outside this state against any person or corporation,
such claim may be enforceable in the courts of this state in any county in which jurisdiction
of the defendant can be legally obtained in the same manner in which jurisdiction could have
been obtained if the claim had arisen in this state; provided, however, the courts of this
state shall apply the doctrine of forum non conveniens in determining whether to accept or
decline to take jurisdiction of an action based upon such claim originating outside this state;
and provided further that, if upon motion of any defendant it is shown that there exists a
more appropriate forum outside this state, taking into...
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6-5-620
Section 6-5-620 Statement of legislative intent. The Legislature hereby finds, determines,
and declares that the production of agricultural and aquacultural food products and commodities
constitute an important and significant portion of the state economy and that it is imperative
to protect the vitality of the agricultural and aquacultural economy for the citizens of this
state by providing a cause of action for producers to recover damages for the disparagement
of any perishable product or commodity. (Acts 1993, 1st Ex. Sess., No. 93-892, p. 175, §1.)...
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13A-8-85
Section 13A-8-85 Damages in civil action. (a) Any owner of recorded material whose material
has allegedly been illegally reproduced as provided herein shall have a cause of action in
the circuit courts of this state for all damages resultant therefrom, including actual, compensatory
and incidental damages, as well as punitive damages of not more than three times the amount
of the total cost of producing the illegally recorded material. (b) Any lawful producer of
recorded material, as set forth in this article, whose product is allegedly the subject of
a violation of the provisions of this article shall have a cause of action in the circuit
courts of this state for all damages resultant therefrom, including actual, compensatory and
incidental damages, as well as punitive damages not exceeding three times the amount of the
total cost of producing the recorded materials. (Acts 1975, No. 1063, p. 2125, §7; Code 1975,
§13-3-155.)...
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27-25-9
Section 27-25-9 Violations; enforcement of chapter; penalties. (a) Each individual transaction
which is in violation of this chapter or which does not otherwise conform to the requirements
of this chapter shall be considered a violation. (b) This chapter shall be enforceable only
by the commissioner and does not create any private cause of action or other private legal
recourse. (c) The commissioner may, in his or her discretion and upon good cause shown, revoke
the certificate of authority of a title agent, revoke the license issued to a title insurer,
or impose a fine in an amount not to exceed five hundred dollars ($500) for each violation
of this chapter or of any rule or regulation promulgated under this chapter. No title insurer
shall pay, directly or indirectly, any portion of a fine imposed on any agent of the title
insurer. In addition, the commissioner may impose a fine in an amount not to exceed five thousand
dollars ($5,000) per violation upon a finding that an agent or an...
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33-1-25
Section 33-1-25 Port authority authorized to carry fire and casualty and public liability insurance.
The Alabama State Port Authority is hereby authorized to provide insurance covering loss or
damage to its properties, or any properties of others in its custody, care or control, or
any properties as to which it has any insurable interest, caused by fire or other casualty;
and may likewise provide insurance for the payment of damages on account of the injury to
or death of persons, and the loss of or destruction of properties of others; and may pay the
premiums thereon out of the revenues of the port authority. Nothing herein shall be construed
to authorize or permit the institution of any civil action or proceeding in any court against
the port authority for or on account of any matters referred to in this section; provided,
that any contracts of insurance herein authorized may, in the discretion of the director of
the port authority, provide for a direct right of action against the...
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37-9-30
Section 37-9-30 Reparation for excessive charges. When complaint has been made to the commission
concerning any rate, fare or charge for any service performed by any air carrier, and the
commission has found, after investigation, that the air carrier has charged an unreasonable,
excessive or discriminatory amount for such service, in violation of any of the provisions
of this chapter, the commission may order that the air carrier make due reparation to the
complainer therefor, with reasonable interest from the date of collection, provided no discrimination
will result for such reparation. Such complaint shall be filed with the commission within
two years from the time the cause of action accrues and not after; provided, that if a claim
based on an overcharge has been presented to the air carrier within the two-year period of
limitation, said period shall be extended to include six months from the time notice in writing
is given by the air carrier to the claimant of disallowance of the...
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