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37-1-135
Section 37-1-135 Action on bond for damages resulting from suspension of rates or orders. Any
person, firm, company, or corporation who shall sustain any loss, injury or damage by reason
of the suspension of the rates or orders, or any of them, as aforesaid, may bring a civil
action on the bonds in the name of the State of Alabama, for his use, and recover such damages
as he may have so sustained, including any overcharge or excess rate or charge paid by him,
on account of the suspension of the rates, charges, or orders. A copy of the bond, duly certified
by the secretary or chief clerk or any member of the Public Service Commission under the seal
of the commission, shall be received in evidence without further proof. (Code 1907, §5697;
Code 1923, §9689; Code 1940, T. 48, §93.)...
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6-2-38
Section 6-2-38 Commencement of actions - Two years. (a) An action by a representative to recover
damages for wrongful act, omission, or negligence causing the death of the decedent under
Sections 6-5-391 and 6-5-410 must be commenced within two years from the death. (b) All actions
by common carriers of property subject to Chapter 3 of Title 37 for recovery of their charges,
or any part thereof, shall be begun within two years from the time the cause of action accrues
and not after. (c) For recovery of charges, action shall be begun against common carriers
of property by motor vehicles subject to this article within two years from the time the cause
of action accrues and not after, except as provided in subsection (d) of this section; provided,
that if claim for the overcharge has been presented in writing to the 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 carrier to the claimant...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-2-38.htm - 4K - Match Info - Similar pages
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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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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7-2A-503
Section 7-2A-503 Modification or impairment of rights and remedies. (1) Except as otherwise
provided in this article, the lease agreement may include rights and remedies for default
in addition to or in substitution for those provided in this article and may limit or alter
the measure of damages recoverable under this article. (2) Resort to a remedy provided under
this article or in the lease agreement is optional unless the remedy is expressly agreed to
be exclusive. If circumstances cause an exclusive or limited remedy to fail of its essential
purpose, or provision for an exclusive remedy is unconscionable, remedy may be had as provided
in this article. (3) Consequential damages may be liquidated under Section 7-2A-504, or may
otherwise be limited, altered, or excluded unless the limitation, alteration, or exclusion
is unconscionable. Limitation, alteration, or exclusion of consequential damages for injury
to the person in the case of consumer goods is prima facie unconscionable but...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-2A-503.htm - 1K - Match Info - Similar pages
9-17-109
Section 9-17-109 Violations; records; fees; assessment and hearing; filling of containers;
installation, maintenance, etc., of appliances; damages. (a) Any person violating this article
or any rule, order, or regulation promulgated pursuant to this article shall, on conviction
thereof, be fined not more than one thousand dollars ($1,000) and may also be imprisoned in
the county jail or sentenced to hard labor for the county for not more than six months. Every
violation of this article or any rule, order, or regulation promulgated pursuant to this article
shall constitute a separate offense. (b) Every person subject to the fees imposed by Section
9-17-106 shall keep and preserve suitable records of all liquefied petroleum gas transactions
subject to fees and any other books or accounts necessary to determine the amount of fees
for which the person is liable under this article. Those records shall be retained for a period
of not less than three years, and shall include the name and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-17-109.htm - 9K - Match Info - Similar pages
22-6-6
Section 22-6-6 Subrogation of state to rights of recipients of medical assistance under program
against persons, etc., causing injury, etc., thereto; manner of enforcement of rights of state;
effect of action by state or recipient against person, etc., causing injury, etc., upon rights
of other; provision of written notice, etc., by recipients instituting civil actions for damages.
(a) If medical assistance is provided to a recipient under the Alabama Medicaid Program for
injuries, disease or sickness caused under circumstances creating a cause of action in favor
of the recipient against any person, firm or corporation, then the State of Alabama shall
be subrogated to such recipient's rights and shall be entitled to recover the proceeds that
may result from the exercise of any rights of recovery which the recipient may have against
any such person, firm or corporation to the extent of the actual amount of the medical assistance
payments made by the Alabama Medicaid Program. The...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-6-6.htm - 2K - Match Info - Similar pages
41-9-62
Section 41-9-62 Claims within jurisdiction of board generally; employees of municipalities,
counties, etc., not within jurisdiction of board, etc. (a) The Board of Adjustment shall have
the power and jurisdiction and it shall be its duty to hear and consider: (1) All claims for
damages to the person or property growing out of any injury done to either the person or property
by the State of Alabama or any of its agencies, commissions, boards, institutions or departments,
with the exception of claims by employees of the state for personal injury or death arising
out of the course of employment with the State of Alabama, where such employees are covered
by an employee injury compensation program; (2) All claims for personal injuries to or the
death of any convict, and all claims for personal injuries to or the death of any employee
of a city or county board of education, or college or university, arising out of the course
of the employee's employment and where the employee is not covered...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-9-62.htm - 7K - Match Info - Similar pages
6-5-60
Section 6-5-60 By whom and against whom action may be commenced; venue. (a) Any person, firm,
or corporation injured or damaged by an unlawful trust, combine, or monopoly, or its effect,
direct or indirect, may, in each instance of such injury or damage, recover the sum of $500
and all actual damages from any person, firm, or corporation creating, operating, aiding,
or abetting such trust, combine, or monopoly and may commence the action therefor against
any one or more of the parties to the trust, combine, or monopoly, or their attorneys, officers,
or agents, who aid or abet such trust, combine, or monopoly. All such actions may be prosecuted
to final judgment against any one or more of the defendants thereto, notwithstanding there
may be a dismissal, acquittal, verdict, or judgment in favor of one or more of the defendants.
(b) Actions under this section may be commenced in any county where the trust, combine, or
monopoly was formed or where it exists or is carried on, promoted,...
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7-2-705
Section 7-2-705 Seller's stoppage of delivery in transit or otherwise. (1) The seller may stop
delivery of goods in the possession of a carrier or other bailee when he discovers the buyer
to be insolvent (Section 7-2-702) and may stop delivery of carload, truckload, planeload or
larger shipments of express or freight when the buyer repudiates or fails to make a payment
due before delivery or if for any other reason the seller has a right to withhold or reclaim
the goods. (2) As against such buyer the seller may stop delivery until: (a) Receipt of the
goods by the buyer; or (b) Acknowledgment to the buyer by any bailee of the goods except a
carrier that the bailee holds the goods for the buyer; or (c) Such acknowledgment to the buyer
by a carrier by reshipment or as warehouseman; or (d) Negotiation to the buyer of any negotiable
document of title covering the goods. (3)(a) To stop delivery the seller must so notify as
to enable the bailee by reasonable diligence to prevent delivery of...
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