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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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7-1-201
Section 7-1-201 General definitions. (a) [Reserved]. (b) Subject to additional definitions
contained in the subsequent articles of this title which are applicable to specific articles
or parts thereof, and unless the context otherwise requires, in this title: (1) "Action,"
in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in
equity, and any other proceeding in which rights are determined. (2) "Aggrieved party"
means a party entitled to pursue a remedy. (3) "Agreement," as distinguished from
"contract," means the bargain of the parties in fact, as found in their language
or inferred from other circumstances, including course of performance, course of dealing,
or usage of trade as provided in Section 7-1-303. (4) "Bank" means a person engaged
in the business of banking and includes a savings bank, savings and loan association, credit
union, and trust company. (5) "Bearer" means a person in possession of a negotiable
instrument, document of title, or...
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27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus Lines Insurance
Multi-State Compliance Compact Act is enacted into law and entered into with all jurisdictions
mutually adopting the compact in the form substantially as follows: PREAMBLE WHEREAS, with
regard to Non-Admitted Insurance policies with risk exposures located in multiple states,
the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted and
Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
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6-5-280
Section 6-5-280 Breach of contract - Limitation on actions. If a contract is entire, only one
action can be commenced for breach thereof; but if it is severable or if the breaches occur
at successive periods in an entire contract, as where money is to be paid by installments,
an action will lie for each breach; provided, that all the breaches occurring up to the commencement
of the action must be included therein. (Code 1907, §2505; Code 1923, §5721; Code 1940,
T. 7, §140.)...
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7-4-111
Section 7-4-111 Statute of limitations; accrual of action. An action to enforce an obligation,
duty, or right arising under this article must be commenced within three years after the cause
of action accrues. A cause of action accrues for payment of a time deposit upon the earlier
of: (1) the date demand for payment is made to the bank, but if the time deposit has a due
date and the bank is not required to pay before that date, the cause of action accrues when
a demand for payment is in effect and the due date has passed; (2) the latter of: a. the due
date of the time deposit established in the bank's last written notice of renewal sent pursuant
to Section 5-5A-36; or b. four years after the last written communication from the bank recognizing
the bank's obligation under the time deposit; or (3) the last day of the taxable year for
which the owner of the time deposit last reported interest income earned on the time deposit
on either a federal or state tax return. As used in this...
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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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6-5-574
Section 6-5-574 Limitation on time for commencement of legal service liability action. (a)
All legal service liability actions against a legal service provider must be commenced within
two years after the act or omission or failure giving rise to the claim, and not afterwards;
provided, that if the cause of action is not discovered and could not reasonably have been
discovered within such period, then the action may be commenced within six months from the
date of such discovery or the date of discovery of facts which would reasonably lead to such
discovery, whichever is earlier; provided, further, that in no event may the action be commenced
more than four years after such act or omission or failure; except, that an act or omission
or failure giving rise to a claim which occurred before August 1, 1987, shall not in any event
be barred until the expiration of one year from such date. (b) Subsection (a) of this section
shall be subject to all existing provisions of law relating to the...
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8-20-12
Section 8-20-12 Time limitation on bringing of civil actions; time of accrual of cause of action.
Except as otherwise provided in paragraph l. of subdivision (3) of Section 8-20-4, any civil
action commenced under the provisions of this chapter must be brought within four years after
the cause of action has accrued. The cause of action shall not accrue until the discovery
by the aggrieved party of the fact or facts constituting a violation of the provisions of
this chapter. (Acts 1981, No. 81-390, p. 596, §12.)...
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6-5-502
Section 6-5-502 Limitation periods for product liability actions. (a) All product liability
actions against an original seller must be commenced within the following time limits and
not otherwise: (1) Except as specifically provided in subsections (b), (c), and (e) of this
section, within one year of the time the personal injury, death, or property damage occurs;
and (2) Except as specifically provided in subsections (b), (c), and (e) of this section,
each element of a product liability action shall be deemed to accrue at the time the personal
injury, death, or property damage occurs; (b) Where the personal injury, including personal
injury resulting in death, or property damage (i) either is latent or by its nature is not
discoverable in the exercise of reasonable diligence at the time of its occurrence, and (ii)
is the result of ingestion of or exposure to some toxic or harmful or injury-producing substance,
element or particle, including radiation, over a period of time as opposed...
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27-34-31
Section 27-34-31 Life benefit certificate - Prohibited provisions. After January 1, 1973, no
life benefit certificate shall be delivered or issued for delivery in this state containing,
in substance, any of the following provisions: (1) Any provision limiting the time with which
any action may be commenced to less than two years after the cause of action accrues; (2)
Any provision by which the certificate purports to be issued or to take effect more than six
months before the original application for the certificate was made, except in case of transfer
from one form of certificate to another in connection with which the member is to receive
credit for any reserve accumulation under the form of certificate from which the transfer
is made; or (3) Any provision for forfeiture of the certificate for failure to repay any loan
thereon or to pay interest on such loan which the total indebtedness, including interest,
is less than the loan value of the certificate. (Acts 1971, No. 407, p. 707,...
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