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8-19-15
Section 8-19-15 Savings clause. (a) The civil remedies provided herein and the civil remedies
available at common law, by statute or otherwise, for fraud, misrepresentation, deceit, suppression
of material facts or fraudulent concealment are mutually exclusive. An election to pursue
the civil remedies prescribed in this chapter shall exclude and be a surrender of all other
rights and remedies available at common law, by statute or otherwise, for fraud, misrepresentation,
deceit, suppression of material facts or fraudulent concealment arising out of any act, occurrence
or transaction actionable under this chapter. (b) An election to pursue any civil remedies
available at common law, by statute or otherwise, for fraud, misrepresentation, deceit, suppression
of material facts or fraudulent concealment arising out of any act, occurrence or transaction
actionable under this chapter shall exclude and be a surrender of all rights and remedies
available under this chapter. All other remedies,...
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8-19A-23
Section 8-19A-23 Injured person's right of recovery; Deceptive Trade Practices Act. In addition
to any other penalties or remedies provided under law, a person who is injured by a violation
of this chapter may bring a civil action for recovery of actual damages and any damages that
would be available at common law or by statute, including actual costs, court costs, and attorney's
fees. No provision in this chapter shall be construed to limit any right or remedy provided
under law. Any violation of this chapter shall also be considered a violation of the Deceptive
Trade Practices Act, Section 8-19-1, et seq. (Acts 1994, No. 94-650, p. 1220, §23.)...
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38-10-11
Section 38-10-11 Construction of provisions of article. It is intended that new or additional
causes of action for the department are created by the provisions of this article. This article
shall be construed to create additional, alternative causes of action and shall in no way
affect or impair any other remedy, civil or criminal, provided in any other statute or available
under common law. The procedures, actions and remedies provided in this article shall in no
way be exclusive but shall be in addition to and not in substitution of other proceedings
available in the courts of this state or any other state or in any appropriate federal court.
It is intended that this article be construed and administered to the end that children shall
be maintained from the resources of the responsible parents. (Acts 1979, No. 79-819, p. 1528,
§10.)...
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25-5-53
Section 25-5-53 Rights and remedies of employees, etc., exclusive; civil and criminal liability
of employers, etc. The rights and remedies granted in this chapter to an employee shall exclude
all other rights and remedies of the employee, his or her personal representative, parent,
dependent, or next of kin, at common law, by statute, or otherwise on account of injury, loss
of services, or death. Except as provided in this chapter, no employer shall be held civilly
liable for personal injury to or death of the employer's employee, for purposes of this chapter,
whose injury or death is due to an accident or to an occupational disease while engaged in
the service or business of the employer, the cause of which accident or occupational disease
originates in the employment. In addition, immunity from civil liability for all causes of
action except those based upon willful conduct shall also extend to the workers' compensation
insurance carrier of the employer; to a person, firm,...
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25-5-194
Section 25-5-194 Rights and remedies of employees, etc., under article exclusive; civil and
criminal liability of employers, etc. The rights and remedies granted in this article shall
exclude all other rights and remedies of an employee, his personal representative, parent,
surviving spouse, dependents, or next of kin, at common law, by statute, contract, or otherwise
on account of occupational exposure to radiation and on account of any injury, disability,
loss of service, or death resulting from occupational exposure to radiation. Except as provided
in this article, no employer included within the terms of this chapter and no officer, director,
agent, servant, or employee of such employer shall be held civilly liable for the occupational
exposure to radiation or for injury, disability, loss of service, or death of any employee
due to occupational exposure to radiation while engaged in the service or business of the
employer, the cause of which occupational exposure to radiation...
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25-5-114
Section 25-5-114 Rights and remedies of employees, etc., under article exclusive; civil and
criminal liability of employers, etc. The rights and remedies granted in this article shall
exclude all other rights and remedies of an employee, his personal representative, parent,
surviving spouse, dependents, or next of kin, at common law, by statute, contract, or otherwise
on account of the contraction of an occupational disease, as defined in this article, and
on account of any injury, disability, loss of service, or death resulting from an occupational
disease, as defined in this article. Except as provided in this article, no employer included
within the terms of this chapter and no officer, director, agent, servant, or employee of
such employer shall be held civilly liable for the contraction of an occupational disease,
as defined in this article, or for injury, disability, loss of service, or death of any employee
due to an occupational disease while engaged in the service or business...
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2-26-3.1
Section 2-26-3.1 Exclusive jurisdiction of board and commissioner; local regulation of seeds
prohibited. (a) This chapter and its provisions and requirements are of statewide concern
and occupy the whole field of regulation regarding the cultivation, harvesting, production,
processing, registration, labeling, marketing, sale, storage, transportation, distribution,
possession, notification of use, planting, or other use of seeds. The entire subject matter
of this chapter shall be subject to the exclusive jurisdiction of the Board of Agriculture
and Industries and the Commissioner of Agriculture and Industries. (b) Except as otherwise
specifically provided in this chapter, no law, ordinance, rule, regulation, or resolution
of any county, municipality, or other political subdivision of this state may prohibit or
in any way attempt to regulate any matter relating to the cultivation, harvesting, production,
processing, registration, labeling, marketing, sale, storage, transportation,...
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8-38-9
Section 8-38-9 Violations of notification requirements. (a) A violation of the notification
provisions of this chapter is an unlawful trade practice under the Alabama Deceptive Trade
Practices Act, Chapter 19 of this title, but does not constitute a criminal offense under
Section 8-19-12. The Attorney General shall have the exclusive authority to bring an action
for civil penalties under this chapter. (1) A violation of this chapter does not establish
a private cause of action under Section 8-19-10. Nothing in this chapter may otherwise be
construed to affect any right a person may have at common law, by statute, or otherwise. (2)
Any covered entity or third-party agent who is knowingly engaging in or has knowingly engaged
in a violation of the notification provisions of this chapter is subject to the penalty provisions
set out in Section 8-19-11. For the purposes of this chapter, knowingly shall mean willfully
or with reckless disregard in failing to comply with the notice...
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25-5-1
Section 25-5-1 Definitions. Throughout this chapter, the following words and phrases as used
therein shall be considered to have the following meanings, respectively, unless the context
shall clearly indicate a different meaning in the connection used: (1) COMPENSATION. The money
benefits to be paid on account of injury or death, as provided in Articles 3 and 4. The recovery
which an employee may receive by action at law under Article 2 of this chapter is termed "recovery
of civil damages," as provided for in Sections 25-5-31 and 25-5-34. "Compensation"
does not include medical and surgical treatment and attention, medicine, medical and surgical
supplies, and crutches and apparatus furnished an employee on account of an injury. (2) CHILD
or CHILDREN. The terms include posthumous children and all other children entitled by law
to inherit as children of the deceased; stepchildren who were members of the family of the
deceased, at the time of the accident, and were dependent upon him or...
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41-22-20
Section 41-22-20 Judicial review of preliminary, procedural, etc., actions or rulings and final
decisions in contested cases. (a) A person who has exhausted all administrative remedies available
within the agency, other than rehearing, and who is aggrieved by a final decision in a contested
case is entitled to judicial review under this chapter. A preliminary, procedural, or intermediate
agency action or ruling is immediately reviewable if review of the final agency decision would
not provide an adequate remedy. (b) All proceedings for review may be instituted by filing
of notice of appeal or review and a cost bond with the agency to cover the reasonable costs
of preparing the transcript of the proceeding under review, unless waived by the agency or
the court on a showing of substantial hardship. A petition shall be filed either in the Circuit
Court of Montgomery County or in the circuit court of the county in which the agency maintains
its headquarters, or unless otherwise...
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